Details of Census' Proposed Rule to Implement Mandatory AES Filing for All Exports that Require SED Information (Part IV)

(AES is the electronic method for filing the paper SED information directly with U.S. Customs and Border Protection (CBP) and Census. AESDirect is the Census' free Internet-based system for filing SED information with AES.)

This is Part IV of a multi-part series of summaries and focuses on Census' proposed regulations in proposed 15 CFR 30.4. See future issues of ITT for additional parts.

Census' Proposed Rule Offers Predeparture and Postdeparture EEI Filing Options

In proposed 15 CFR 30.4, Census states that two electronic filing options (predeparture and postdeparture) for transmitting Electronic Export Information (EEI) would be available to the U.S. Principal Party in Party (USPPI) or authorized agent as follows:

Explanation of postdeparture EEI filing. The electronic postdeparture filing would take into account that complete information concerning export shipments may not always be available prior to exportation and accommodates these circumstances by providing, when authorized, for filing of EEI after departure. For example, for exports of seasonal and agricultural commodities, only estimated quantities, values, and consignees may be known prior to exportation. The proposed procedures for obtaining certification as an AES filer and for applying for authorization to file on a postdeparture basis are described in proposed 15 CFR 30.5.

Predeparture EEI filing. Under proposed 15 CFR 30.4(a), the EEI would always be transmitted prior to departure to AES for the following types of shipments:

(1) Used self-propelled vehicles (except those shipped between the U.S. and Puerto Rico) as defined in 19 CFR 192.1;

(2) Essential and precursor chemicals requiring a permit from the Drug Enforcement Administration (DEA);

(3) Shipments defined as "sensitive'' by Executive Order;

(4) Shipments where a U.S. Government agency requires predeparture filing;

(5) Shipments defined as "routed export transactions'' (see proposed 15 CFR 30.1(c) for a list of definitions that apply to this part);

(6) Shipments to countries where complete outbound manifests are required prior to clearing vessels or aircraft for export (see 19 CFR 4.75(c) and 122.74(b)(2) for a listing of these countries);

(7) Items identified on the U.S. Munitions List (USML) of the International Traffic in Arms Regulations (ITAR, 22 CFR Part 121);

(8) Exports that require a license from the Bureau of Industry and Security (BIS), unless BIS has approved postdeparture filing privileges for the USPPI;

(9) Shipments of rough diamonds classified under Harmonized System subheadings 7102.10, 7102.21, and 7102.31 and exported (reexported) in accordance with the Kimberley Process; and

(10) Shipments for which the USPPI has not been approved for postdeparture filing.

Filing deadlines for EEI transmitted predeparture. Proposed 15 CFR 30.4(b) would state that the USPPI or the authorized agent would have to file the required EEI and have received the AES Internal Transaction Number (ITN) no later than the time period specified as follows:

State Department USML shipments. For State Department USML shipments, refer to the ITAR (22 CFR Parts 120 through 130) for specific requirements concerning predeparture filing time frames. In addition, if a filer is unable to acquire an ITN because AES is not operating, the filer would not export until AES is operating and an ITN is acquired.

Non-USML shipments. For non-USML shipments, the EEI would be filed and the ITN transmitted as follows:

For vessel cargo, the USPPI or the authorized agent would file the EEI required by proposed 15 CFR 30.6 and provide the AES ITN to the exporting carrier no later than 24 hours prior to the departure of the vessel from the U.S. port where the cargo is laden.

For air cargo, including cargo being transported by Air Express Couriers, the USPPI or the authorized agent would file the EEI required by proposed 15 CFR 30.6 and provide the AES ITN to the exporting carrier no later than two (2) hours prior to the scheduled departure time of the aircraft.

For truck cargo, including cargo departing by Express Consignment Couriers, the USPPI or the authorized agent would file the EEI required by proposed 15 CFR 30.6 and provide the AES ITN to the exporting carrier no later than one (1) hour prior to the arrival of the truck at the U.S. border to go foreign.

For rail cargo, the USPPI or the authorized agent would file the EEI required by proposed 15 CFR 30.6 and provide the AES ITN to the exporting carrier no later than two (2) hours prior to the time the train arrives at the U.S. border to go foreign.

For mail and cargo shipped by other methods, except pipeline, the USPPI or the authorized agent would file the EEI required by proposed 15 CFR 30.6 and provide the AES ITN to the exporting carrier no later than two (2) hours prior to exportation. (See proposed 15 CFR 30.4(d) for filing deadlines for shipments sent by pipeline.)

For all other modes, the USPPI or the authorized agent would file the required EEI no later than two (2) hours prior to exportation.

These are the same timeframes contained in the export portion of CBP's final rule on advance electronic presentation of cargo information, which will be implemented concurrent with the completion of the AES Commodity Redesign (which occurred on June 7, 2004) and the effective date of Census' mandatory AES filing regulations. (See ITT's Online Archives or 12/16/03 news, 03121610, for BP summary of CBP's final rule.)

Non-USML Shipments when AES is unavailable. For non-USML shipments when the AES is unavailable, filers would use the following instructions:

(1) If the participant's AES is unavailable, the filer would have to delay the export of the goods or find an alternative filing method;

(2) If AES or AESDirect is unavailable, the goods could be exported and the filer would have to:

Provide the appropriate proof of filing citation as described in proposed 15 CFR 30.7(b)(4); and

Report the EEI at the first opportunity AES is available.

Postdeparture EEI filing. Pursuant to proposed 15 CFR 30.4(c), postdeparture filing would only be available for approved USPPIs and would provide for the electronic filing of the data elements required by proposed 15 CFR 30.6 no later than ten (10) calendar days from the date of exportation. For USPPIs approved for postdeparture filing, all shipments (other than those for which predeparture filing is specifically required), by all methods of transportation, may be exported with the filing of EEI made postdeparture.

Certified AES authorized agents or service centers would transmit information postdeparture on behalf of USPPIs approved for postdeparture filing, or the approved USPPI may transmit the data postdeparture itself. However, authorized agents or service centers would not be approved for postdeparture filing.

Monthly proof of filing citations for pipeline exportations. Proposed 15 CFR 30.4(d) would provide that the operator of a pipeline may transport goods to a foreign country without the prior filing of the proof of filing citation, on the condition that within four (4) days following the end of each calendar month the operator shall file on the AES and will deliver to the CBP Port Director the proof of filing citation covering all exportations through the pipeline to each consignee during the month.

USPPI/Authorized agent provides exporting carrier with proof of filing citation or exemption legend. Under proposed 15 CFR 30.4(e), the USPPI or the authorized agent would provide the exporting carrier with the AES proof of filing citation or exemption legend as described in proposed 15 CFR 30.7.

to implement provisions in the Foreign Relations Authorization Act, Public Law (P.L.) 107-228

(See ITT's Online Archives or 10/29/03 news, 03102910, for BP summary of Census' advance notice of proposed rulemaking on these issues. See ITT's Online Archives or 02/18/05, 02/24/05, and 03/02/05 news, 05021810, 05022430, and 05030215, for Parts I-III of BP's series of summaries on this proposed rule.)

- written comments due by 04/18/05

Census contact - C. Harvey Monk, Jr. (301) 763-2255

Census proposed rule (FR Pub 02/17/05, D/N 031009254-4355-02) available at

http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-2926.pdf