Notice2024-04050
Agency Information Collection Activities; Revision; Regulations Relating to Copyrights and Trademarks
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 28, 2024
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
The Department of Homeland Security, U.S. Customs and Border Protection (CBP) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.
Full Text
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<title>Federal Register, Volume 89 Issue 40 (Wednesday, February 28, 2024)</title>
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[Federal Register Volume 89, Number 40 (Wednesday, February 28, 2024)]
[Notices]
[Pages 14672-14673]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04050]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
[OMB Control Number 1651-0123]
Agency Information Collection Activities; Revision; Regulations
Relating to Copyrights and Trademarks
AGENCY: U.S. Customs and Border Protection (CBP), Department of
Homeland Security.
ACTION: 60-Day notice and request for comments.
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SUMMARY: The Department of Homeland Security, U.S. Customs and Border
Protection (CBP) will be submitting the following information
collection request to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act of
1995 (PRA). The information collection is published in the Federal
Register to obtain comments from the public and affected agencies.
DATES: Comments are encouraged and must be submitted (no later than
April 29, 2024) to be assured of consideration.
ADDRESSES: Written comments and/or suggestions regarding the item(s)
contained in this notice must include the OMB Control Number 1651-0123
in the subject line and the agency name. Please submit written comments
and/or suggestions in English. Please use the following method to
submit comments:
Email. Submit comments to: <a href="/cdn-cgi/l/email-protection#094a4b5956595b48496a6b79276d617a276e667f"><span class="__cf_email__" data-cfemail="d99a9b8986898b9899babba9f7bdb1aaf7beb6af">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Requests for additional PRA
information should be directed to Seth Renkema, Chief, Economic Impact
Analysis Branch, U.S. Customs and Border Protection, Office of Trade,
Regulations and Rulings, 90 K Street NE, 10th Floor, Washington, DC
20229-1177, Telephone number 202-325-0056 or via email
<a href="/cdn-cgi/l/email-protection#d19293818e81839091b2b3a1ffb5b9a2ffb6bea7"><span class="__cf_email__" data-cfemail="2b68697b747b796a6b48495b054f4358054c445d">[email protected]</span></a>. Please note that the contact information provided
here is solely for questions regarding this notice. Individuals seeking
information about other CBP programs should contact the CBP National
Customer Service Center at 877-227-5511, (TTY) 1-800-877-8339, or CBP
website at <a href="https://www.cbp.gov/">https://www.cbp.gov/</a>.
SUPPLEMENTARY INFORMATION: CBP invites the general public and other
Federal agencies to comment on the proposed and/or continuing
information collections pursuant to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). This process is conducted in accordance with
5 CFR 1320.8. Written comments and suggestions from the public and
affected agencies should address one or more of the following four
points: (1) whether the proposed collection of information is necessary
for the proper performance of the functions of the agency, including
whether the information will have practical utility; (2) the accuracy
of the agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (3) suggestions to enhance the quality, utility, and clarity of
the information to be collected; and (4) suggestions to minimize the
burden of the collection of information on those who are to respond,
including through 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. The comments that are submitted will be summarized and
included in the request for approval. All comments will become a matter
of public record.
Overview of This Information Collection
Title: Regulations Relating to Copyrights and Trademarks.
OMB Number: 1651-0123.
Form Number: N/A.
Current Actions: Revision.
Type of Review: Revision.
Affected Public: Businesses.
Abstract: Title 19 of the United States Code section 1526(e)
prohibits the importation of articles that bear a mark that is a
counterfeit of a trademark that has been registered with the United
States Patent and Trademark Office (USPTO) and subsequently recorded
with U.S. Customs and Border Protection (CBP) through the e-Recordation
Program. <a href="https://iprr.cbp.gov/s/">https://iprr.cbp.gov/s/</a>. Pursuant to 15 U.S.C. 1124, the
importation of articles that bear a mark that infringes a trademark or
trade name that has been recorded with CBP is restricted pursuant to 19
U.S.C. 1595a(c)(2)(C). Likewise, under 17 U.S.C. 602 and 17 U.S.C. 603,
the importation of articles that constitute a piratical copy of a
registered copyrighted work that has subsequently been recorded with
CBP is also prohibited. Both 15 U.S.C. 1124 and 17 U.S.C. 602 authorize
the Secretary of the Treasury to prescribe by regulation the
recordation of trademarks, trade names and copyrights with CBP.
Additional rulemaking authority in this regard is conferred by CBP's
general rulemaking authority as found in 19 U.S.C. 1624.
CBP officers enforce recorded trademarks, trade names and
copyrights at all U.S. Ports of Entry. The
[[Page 14673]]
information that respondents must submit in order to seek the
assistance of CBP to protect against infringing imports is specified
for trademarks under 19 CFR 133.2 and 133.3, and the information to be
submitted for copyrights is specified under 19 CFR 133.32 and 133.33.
Trademark, trade name, and copyright owners seeking border enforcement
of their intellectual property rights provide information to CBP beyond
that which they submitted to either the U.S. Patent and Trademark
Office or the U.S. Copyright Office to obtain their registration. This
revision adds the new e-Recordation online application, located at
<a href="https://iprr.cbp.gov/">https://iprr.cbp.gov/</a>.
E-Recordation applicants may provide as much additional information
as they would like that would aid CBP in authenticating their genuine
merchandise and distinguishing it from non-genuine merchandise, such as
a Product Identification or Authentication Guides, lists of licensees
and authorized manufacturers, and Applicants can supplement their
application with additional information at any time by emailing the e-
Recordation team at <a href="/cdn-cgi/l/email-protection#054c55575754706076716c6a6b76456667752b616d762b626a73"><span class="__cf_email__" data-cfemail="165f46444447637365627f7978655675746638727e6538717960">[email protected]</span></a>. All information provided
to CBP is housed in a secure database that can be viewed by CBP and
Homeland Security Investigations personnel with a need to know. Limited
information regarding the recorded trademark, trade name or copyright
is published online to inform the public of which registrations are
receiving border enforcement. <a href="https://iprs.cbp.gov/s/">https://iprs.cbp.gov/s/</a>.
On December 15, 2017, CBP published a final rule in the Federal
Register (82 FR 59511) regarding Donations of Technology and Related
Support Services to Enforce Intellectual Property Rights. The final
rule added 19 CFR 133.61 in a Subpart H to the CBP regulations which
authorizes CBP to accept donations of hardware, software, equipment,
and similar technologies, as well as related support services and
training, from private sector entities, for the purpose of assisting
CBP in enforcing intellectual property rights (IPR). A donation offer
must be submitted to CBP either via email, to <a href="/cdn-cgi/l/email-protection#74101504341716045a101c075a131b02"><span class="__cf_email__" data-cfemail="9cf8fdecdcfffeecb2f8f4efb2fbf3ea">[email protected]</span></a>, or
mailed to the attention of the Executive Assistant Commissioner, Office
of Field Operations, or his/her designee.
The donation offer must describe the proposed donation in
sufficient detail to enable CBP to determine its compatibility with
existing CBP technologies, networks, and facilities (e.g., operating
system or similar requirements, power supply requirements, item size
and weight, etc.). The donation offer must also include information
pertaining to the donation's scope, purpose, expected benefits,
intended use, costs, and attached conditions, as applicable, that is
sufficient to enable CBP to evaluate the donation and make a
determination as to whether to accept it. CBP will notify the donor, in
writing, if additional information is requested or if CBP has
determined that it will not accept the donation. If CBP accepts a
donation, CBP will enter into a signed, written agreement with an
authorized representative of the donor. The agreement must contain all
applicable terms and conditions of the donation.
The respondents to this information collection are members of the
trade community who are familiar with CBP regulations.
Type of Information Collection: IPR Recordation Application.
Estimated Number of Respondents: 2,000.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 2,000.
Estimated Time per Response: 1 hours.
Estimated Total Annual Burden Hours: 2,000.
Type of Information Collection: IPR Donations of Authentication
Technology.
Estimated Number of Respondents: 10.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 10.
Estimated Time per Response: 20 hours.
Estimated Total Annual Burden Hours: 200.
Type of Information Collection: Training Requests.
Estimated Number of Respondents: 20.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 20.
Estimated Time per Response: 2 hours.
Estimated Total Annual Burden Hours: 40.
Dated: February 22, 2024.
Seth D. Renkema,
Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border
Protection.
[FR Doc. 2024-04050 Filed 2-27-24; 8:45 am]
BILLING CODE P
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