81 FR 23739 - Agency Information Collection Activities: Regulations Relating to Recordation and Enforcement of Trademarks and Copyrights

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

Federal Register Volume 81, Issue 78 (April 22, 2016)

U.S. Customs and Border Protection (CBP) of the Department of Homeland Security 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: Regulations Relating to Recordation and Enforcement of Trademarks and Copyrights (Part 133 of the CBP Regulations). 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 or to the information collected. This document is published to obtain comments from the public and affected agencies.

[Federal Register Volume 81, Number 78 (Friday, April 22, 2016)]
[Notices]
[Pages 23739-23740]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09341]


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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, Department of Homeland 
Security.

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

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SUMMARY: U.S. Customs and Border Protection (CBP) of the Department of 
Homeland Security 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: 
Regulations Relating to Recordation and Enforcement of Trademarks and 
Copyrights (Part 133 of the CBP Regulations). 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 or to the information collected. This 
document is published to obtain comments from the public and affected 
agencies.

DATES: Written comments should be received on or before May 23, 2016 to 
be assured of consideration.

ADDRESSES: Interested persons are invited to submit written comments on 
this proposed information collection to

[[Page 23740]]

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] or faxed to 
(202) 395-5806.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to Tracey Denning, U.S. Customs and Border 
Protection, Regulations and Rulings, Office of Trade, 90 K Street NE., 
10th Floor, Washington, DC 20229-1177, at 202-325-0265.

SUPPLEMENTARY INFORMATION: This proposed information collection was 
previously published in the Federal Register (81 FR 7363) on February 
11, 2016, 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. CBP invites the general public and other 
Federal agencies to comment on proposed and/or continuing information 
collections pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 
104-13; 44 U.S.C. 3507). The comments should address: (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 to respondents or record keepers from the collection 
of information (total capital/startup costs and operations and 
maintenance costs). The comments that are submitted will be summarized 
and included in the CBP request for OMB approval. All comments will 
become a matter of public record. In this document, CBP is soliciting 
comments concerning the following 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 constitute 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 Web site at 
https://iprr.cbp.gov/.
    Current Actions: CBP proposes to extend the expiration date of this 
information collection with no change to the burden hours or to the 
information collected.
    Type of Review: Extension (without change).
    Affected Public: Businesses and Individuals.
    Estimated Number of Respondents: 2,000.
    Estimated Time per Respondent: 2 hours.
    Estimated Total Annual Burden Hours: 4,000.

    Dated: April 18, 2016.
Tracey Denning,
Agency Clearance Officer, U.S. Customs and Border Protection.
[FR Doc. 2016-09341 Filed 4-21-16; 8:45 am]
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