Agency Information Collection Activities: Regulations Relating to Recordation and Enforcement of Trademarks and Copyrights, 44909-44910 [2019-18449]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• U.S. Customs and Border Protection

[Federal Register Volume 84, Number 166 (Tuesday, August 27, 2019)]
[Notices]
[Pages 44909-44910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18449]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[1651-0123]


Agency Information Collection Activities: Regulations Relating to 
Recordation and Enforcement of Trademarks and Copyrights

AGENCY: U.S. Customs and Border Protection (CBP), Department of 
Homeland Security.

ACTION: 30-Day notice and request for comments; revision and extension 
of an existing collection of information.

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SUMMARY: The Department of Homeland Security, U.S. Customs and Border 
Protection 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 
September 26, 2019) to be assured of consideration.

ADDRESSES: Interested persons are invited to submit written comments on 
this 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 
[email protected].

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 
[email protected]. 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 https://www.cbp. gov/.

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 proposed information collection was 
previously published in the Federal Register (84 FR 22505) on May 17, 
2019, 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 1320.8. 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

[[Page 44910]]

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 Recordation and Enforcement of 
Trademark and Copyrights (Part 133 of the CBP Regulations).
    OMB Number: 1651-0123.
    Abstract: Title 19 of the United States Code section 1526(e) 
prohibits the importation of articles that bear a counterfeit mark of a 
trademark that is registered with the United States Patent and 
Trademark Office (USPTO) and recorded with U.S. Customs and Border 
Protection (CBP). Pursuant to 15 U.S.C. 1124, the importation of 
articles that copy or simulate the trade name of a manufacturer or 
trader, or copy or simulate a trademark registered with the USPTO and 
recorded with CBP is prohibited. Likewise, under 17 U.S.C. 602 and 17 
U.S.C. 603, the importation of articles that constitutes an 
infringement of copyright in protected copyrighted works is prohibited. 
Both 15 U.S.C. 1124 and 17 U.S.C. 602, authorize the Secretary of the 
Treasury to prescribe by regulation for 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 these intellectual property rights at the 
border. The 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 through the recordation process in order to assist CBP 
officers in identifying violating articles at the border. Respondents 
may submit this information through the IPR e-Recordation website at 
https://iprr.cbp.gov/.

Collection Revisions

    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. 19 CFR 133.61 
Subpart H has been added which authorizes CBP to receive and accept 
donations of hardware, software, equipment, and similar technologies, 
as well as training and related support service, for the purpose of 
assisting CBP in enforcing IPR. CBP is revising this collection of 
information to include IPR Donations. A donation offer must be 
submitted to CBP either via email, to [email protected], 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.
    Current Actions: CBP proposes to revise and extend the expiration 
date of this information collection with a change to the burden hours 
and the information collected.
    Type of Review: Revision with change.
    Affected Public: Businesses and Individuals.
    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 Respondent: 2 hours.
    Estimated Total Annual Burden Hours: 4,000.
    IPR Donations:
    Estimated Number of Respondents: 50.
    Estimated Number of Annual Responses per Respondent: 1.
    Estimated Number of Total Annual Responses: 50.
    Estimated Time per Response: 2 hours.
    Estimated Total Annual Burden Hours: 100.

    Dated: August 22, 2019.
Seth D. Renkema,
Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border 
Protection.
[FR Doc. 2019-18449 Filed 8-26-19; 8:45 am]
 BILLING CODE 9111-14-P