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###### Department of Homeland Security

###### U.S. Customs and Border Protection 

# AGENCY:

U.S. Customs and Border Protection, Department of Homeland Security 

# ACTION:

30-Day Notice and request for comments; Extension of an existing information collection: 1651-0032 

# SUMMARY:

                        U.S. Customs and Border Protection (CBP) of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Importers of Merchandise Subject to Actual Use Provisions. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the                         **Federal Register**                         (74 FR 5846) on February 2, 2009, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.                     

# DATES:

Written comments should be received on or before June 22, 2009. 

# ADDRESSES:

                        Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the OMB Desk Officer for Customs and Border Protection, Department of Homeland Security, and sent via electronic mail to                         *oira_submission@omb.eop.gov*                         or faxed to (202) 395-6974.                     

# SUPPLEMENTARY INFORMATION:

U.S. Customs and Border Protection (CBP) encourages the general public and affected Federal agencies to submit written comments and suggestions on proposed and/or continuing information collection requests pursuant to the Paperwork Reduction Act (Pub. L. 104-13). Your comments should address one of the following four points: 

                    (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency/component,                           ( print page 23879)                        including whether the information will have practical utility;                 

(2) Evaluate the accuracy of the agency's/component's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; 

(3) Enhance the quality, utility, and clarity of the information to be collected; and 

(4) Minimize the burden of the collections of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. 

*Title:*                     Importers of Merchandise Subject to Actual Use Provisions.                 

*OMB Number:*                     1651-0032.                 

*Form Number:*                     None.                 

*Abstract:*                     The Importers of Merchandise Subject to Actual Use Provision is provided for in CBP regulation 19 CFR 10.137. It allows that certain items may be admitted duty-free such as farming implements, seed, potatoes, etc., providing the importer can prove these items were actually used as contemplated by law. The importer must maintain detailed records including a statement of use.                 

*Current Actions:*                     This submission is being made to extend the expiration date.                 

*Type of Review:*                     Extension (without change).                 

*Affected Public:*                     Businesses.                 

*Estimated Number of Respondents:*                     12,000.                 

*Estimated Time per Respondent:*                     65 minutes.                 

*Estimated Total Annual Burden Hours:*                     13,000.                 

If additional information is required contact: Tracey Denning, U.S. Customs and Border Protection, Office of Regulations and Rulings, 799 9th Street, NW., 7th Floor, Washington, DC 20229-1177, at 202-325-0265. 

Dated: May 14, 2009. 

Tracey Denning, 

Agency Clearance Officer, Customs and Border Protection.

[FR Doc. E9-11775 Filed 5-20-09; 8:45 am] 

BILLING CODE 9111-14-P