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

The U.S. Census Bureau (Census) has issued a proposed rule to amend the Foreign Trade Statistics Regulations (FTSR, 15 CFR Part 30)1 in order to require mandatory filing of export information through the Automated Export System (AES) or AESDirect for all shipments where a Shipper's Export Declaration (SED) is currently required, etc.

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(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 VI of a multi-part series of summaries and focuses on Census' proposed regulations in 15 CFR 30.6. See future issues of ITT for additional parts.

Highlights of Proposed Electronic Export Information Data Elements

Overview of mandatory, conditional, and optional data elements. Proposed 15 CFR 30.6 would state that the information specified in this section would be required for shipments transmitted to the AES. The data elements identified as "mandatory'' would be reported for each transaction. The data elements identified as "conditional'' would be reported if they are required for or apply to the specific shipment. The data elements identified as "optional'' would be reported at the discretion of the U.S. Principle Party in Interest (USPPI) or the authorized agent.

Mandatory data elements. Proposed 15 CFR 30.6 sets forth the following as mandatory data elements:

USPPI and USPPI identification (name of the USPPI, address of the USPPI, USPPI identification number, and contact information);

Date of export;

Ultimate consignee;

U.S. State of origin;

Country of ultimate destination (shipments under an export license or license exemption, shipments not moving under an export license, goods to be sold in route);

Mode of transportation (conveyances exported under their own power, exports through Canada, Mexico, or other foreign countries for transshipment to another destination);

Conveyance name/carrier name;

Carrier identification;

Port of export (vessel and air exports involving several ports of exportation, exports through Canada, Mexico, or other foreign countries for transshipment to another destination);

Related company indicator;

Domestic or foreign indicator (separate paragraphs on domestic and foreign);

Commodity classification number;

Commodity description;

Primary unit of measure;

Primary quantity;

Shipping weight;

Value (selling price, exclusions, adjustments (e.g., when inland freight and insurance is either not known at time of exportation or not available, when goods are sold at a point other than the port of export, etc.));

Export information code;

Shipment reference number;

Line number;

Hazardous material (Hazmat) indicator;

Inbond code;

License code/License exemption code;

Routed export transaction indicator;

Shipment filing action request indicator;

Line item filing action request indicator;

Filing option indicator

(Census notes that requirements for the Date of Arrival and the Waiver of Prior Notice Indicator would be removed from the list of data elements required to be reported to AES. With mandatory AES reporting, the Date of Arrival and Waiver of Prior Notice Indicator would no longer be required.)

Conditional Data Elements. Proposed 15 CFR 30.6(b) would set forth the following conditional data elements:

Authorized agent and authorized agent identification (name of the authorized agent, address of the authorized agent, authorized agent's identification number, and contact information);

Intermediate consignee;

Foreign Trade Zone (FTZ) identifier;

Foreign port of unlading;

Export license number/CFR citation/authorization symbol;

Export Control Classification Number (ECCN);

Secondary unit of measure;

Secondary quantity;

Vehicle identification number (VIN)/Product ID;

Vehicle ID qualifier;

Vehicle title number;

Vehicle title state code;

Entry number;

Transportation reference number (vessel shipments, air shipments, rail shipments, truck shipments);

State Department requirements (Director of Defense Trade Controls (DDTC) registration number, DDTC significant military equipment (SME) indicator, DDTC eligible party certification indicator, DDTC U.S. Munitions List (USML) category code, DDTC Unit of Measure (UOM), DDTC quantity, DDTC exemption number; DDTC export license line number); and

Kimberley Process Certificate (KPC) number and authorization symbol.

Optional Data Elements. Proposed 15 CFR 30.6(c) sets forth the following proposed optional data elements:

Seal number

Equipment number

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, 03/02/05, 03/03/05 and 03/04/05 news, 05021810, 05022430, 05030215, 05030325, and 05030415, for Parts I-V 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