Details of Census' Proposed Rule to Implement Mandatory AES Filing for All Exports that Require SED Information (Part VIII)
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 VIII of a multi-part series of summaries and highlights Census' proposed regulations in 15 CFR 30.15 through 30.34 (Subparts B and C). See future issues of ITT for additional parts.
Subpart B Would Consolidate Export Control Issues for CBP, State Dept, BIS, Etc.
According to Census, proposed Subpart B (15 CFR 30.15 - 30.24, Export Control and Licensing Requirements) would consolidate references to export control issues, and would not introduce any new requirements.
Specifically, this subpart would add references to export control and licensing requirements of the State Department, U.S. Customs and Border Protection (CBP), and other Federal agencies in addition to expanding those of the Bureau of Industry and Security (BIS). General guidelines for obtaining export control and licensing information also are presented for use by preparers and filers of Electronic Export Information (EEI).
Subpart C Would Provide Guidelines for Valuing & Reporting Certain Transactions
Proposed Subpart C (15 CFR 30.25 - 30.29, Special Provisions and Specific-Type Transactions) would provide the following guidance:
Values for subsidized agricultural products and certain GSA exports. Proposed 15 CFR 30.25 would provide special procedures to govern the values to be reported for shipments of subsidized exports of agricultural products and exports of excess personal property by the General Services Administration (GSA).
EEI reporting requirements for vessels, aircraft, cargo vans, containers, etc. Proposed 15 CFR 30.26(a) would provide that vessels, locomotives, aircraft, rail cars, ferries, trucks, other vehicles, trailers, pallets, cargo vans, lift vans, or similar shipping containers are not considered "shipped'' (in terms of proposed 15 CFR Part 30), when they are moving, either loaded or empty, without transfer of ownership or title, in their capacity as carriers of goods or as instruments of such carriers, and EEI is not required.
However, EEI would have to be filed for such items, when moving as goods pursuant to sale or other transfer from ownership in the U.S. to ownership abroad. (See proposed 15 CFR 30.26(b) for complete details.)
Cargo reported as exported, but not exported from U.S., or returned without being entered into foreign destination. Proposed 15 CFR 30.27 would state that when goods reported as exported from the U.S. are not exported, or are returned without having been entered into a foreign destination, the filer would have to correct or cancel the EEI.
Reporting split shipments by air. Proposed 15 CFR 30.28 would provide guidance for cases when a shipment by air covered by a single EEI submission is divided by the exporting carrier at the port of export where the manifest is filed, and part of the shipment is exported on one aircraft and part on another aircraft of the same carrier.
Reporting repairs and replacements. Proposed 15 CFR 30.29 would revise the language that describes the proper manner for reporting cost of repairs and/or alterations to goods, and the reporting of the value of replacement parts exported. Census explains that the previous version of the FTSR did not specifically describes the manner in which such transactions would be reported. Under the proposed rule, goods previously imported for repair and alteration only, and reexported, shall only include the value for parts and labor. Goods exported as replacement parts would only include the value of the replacement part. However, the proposed rule would not specify any new requirements.
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, 03/04/05, 03/09/05, and 03/10/05 news, 05021810, 05022430, 05030215, 05030325, 05030415, 05030915, and 05031025, for Parts I - VII of BP's series of summaries on the 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