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CBP Seeks Add'l Comments on Burma Gems (JADE Act) Info Collection

U.S. Customs and Border Protection is seeking additional comments by April 20, 2012 on an existing information collection on the requirements under the Tom Lantos Block Burmese JADE Act of 2008 for certain gemstones mined in Burma (Myanmar) or other countries and articles of jewelry containing such gemstones. CBP is proposing to extend the expiration date of this information collection with no change to the burden hours or to the information collected.

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Info Collection Provides Import Requirements, Including Certification

The JADE Act prohibits the importation of “Burmese covered articles” (jadeite or rubies mined or extracted from Burma, and articles of jewelry containing such jadeite or rubies), and sets forth conditions for the importation of “non-Burmese covered articles” (jadeite or rubies mined or extracted from a country other than Burma, and articles of jewelry containing such jadeite or rubies).

In order to implement the provisions of this Act, CBP requires that the importer enter the specific HTS subheading for covered articles on the CBP Form 7501, Entry Summary, which serves as the importer's certification. In addition, at the time of entry, the importer must have in his or her possession a certification from the exporter certifying that the conditions of the JADE Act have been met. Importers must keep this certification in their records and make it available to CBP upon request. This information collection is authorized by Public Law 110-286 and provided for by 19 CFR 12.151 (available here). Guidance regarding how to comply with the JADE Act is on CBP's website here.

CBP Estimates 22,197 Respondents to File 20 Responses Each Annually

CBP estimates there will be 22,197 respondents who will each file 20 responses annually. CBP estimates the total number of annual responses to be 443,940 and the time per respondent to be 10 minutes. CBP estimates the total annual burden hours will be 74,005.

Comments Requested on Ways to Minimize Burden, Etc.

CBP is asking for comments from the general public and other Federal agencies on (a) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimates of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden including the use of automated collection techniques or the use of other forms of information technology; and (e) the annual costs burden to respondents or record keepers from the collection of information (a total capital/startup costs and operations and maintenance costs).

(See ITT’s Online archives 12011212 for initial notice of this Information Collection.

(See ITT’s Online archives 11093009 for summary of Congressional passage of bill to renew import restrictions against Burma.

See ITT's Online Archives 10032310 for summary of CBP rule finalizing its regulations implementing the JADE Act, etc.

See ITT’s Online Archives 08080105 for summary of President signing the JADE Act into law (P.L. 110-286).)

CBP Contact -- Tracey Denning (202) 325-0265

(FR Pub 01/12/12)