The Census Bureau published a blog post and guidance on how to report used vehicles in the Automated Export System, including what information is required to complete Electronic Export Information filings. The Feb. 18 post outlines the process for verifying commodity classification codes and reporting various vehicle information. It said traders must place an “Internal Transaction Number” on their shipping documents.
The Commercial Customs Operations Advisory Committee (COAC) for CBP will next meet remotely on March 17, CBP said in a notice. Comments are due in writing by March 16.
Exports to Hong Kong remain eligible for post-departure filings in the Automated Export System despite recent changes to Hong Kong’s export control status, the National Customs Brokers & Forwarders Association of America said in a Jan. 25 email to industry. NCBFAA said it confirmed with the Census Bureau that the agency will permit the filings, which are available for certain exporters that joined the post-departure filing program before it was closed to new participants. Census recently issued guidance clarifying its reporting requirements for exports to Hong Kong (see 2012300040), despite a December Bureau of Industry and Security rule that removed Hong Kong as a separate destination under the Export Administration Regulations (see 2012220053). A Census spokesperson confirmed that Hong Kong exports will remain eligible for post-departure filings.
The State Department should clarify to the Commerce Department that Electronic Export Information filings are not required for exports of certain licensed technical data controlled under the International Traffic in Arms Regulations, the American Association of Exporters and Importers said in a Jan. 8 letter. Even though the export of that data is authorized by an ITAR exemption and exempt from Automated Export System filings, the AAEI said “regulatory modifications made to support Single Window automation inadvertently” created uncertainty about whether AES filings are required. The uncertainty stemmed from the removal of language in the ITAR that “previously indicated no AES filing was required for such exports,” AAEI said. “This inconsistency causes confusion within industry, potentially impacts trade statistics, and may cost companies in business processing time,” the group said. AAEI urged the Directorate of Defense Trade Controls to clarify the filing requirement “either through issuance of an amendment” or “informally through coordination with” the Census Bureau. DDTC didn’t comment.
The Fish and Wildlife Service on Jan. 4 published a final rule reclassifying the June sucker (Chasmistes liorus), a freshwater fish native to Utah, as threatened under the Endangered Species Act. The species had been listed as endangered. Though the agency recently ended blanket import-export restrictions for threatened species, FWS is including a 4(d) rule that prohibits imports and exports without a permit. The agency's final rule takes effect Feb. 3.
The Census Bureau updated the Schedule B and Harmonized Tariff Schedule tables in the Automated Export System to “accept changes” to the new Jan. 1 codes, the Census Bureau said in a Dec. 30 email. Census said AES will accept shipments with “outdated codes” during a 30-day grace period beyond the Dec. 31 expiration date, but reporting an outdated code after the grace period will result in a “fatal error.” Census also said it updated the Automated Commercial Environment AESDirect program with the 2021 codes, adding the program will also accept outdated codes during the grace period.
The Bureau of Industry and Security December rule (see 2012220053) that removed Hong Kong as a separate destination under the Export Administration Regulations has implications for EAR requirements but does not impact certain Census Bureau reporting requirements, Census said. In a Dec. 29 email to industry, Census said the BIS rule does not change Census' Foreign Trade Regulations ultimate consignee, country of destination and intermediate consignee reporting requirements, which contribute to certain trade statistics.
The Drug Enforcement Administration is proposing to list PMK glycidate, PMK glycidic acid, precursors used in the manufacture of methylenedioxymethamphetamine (MDMA) (also known as ecstasy), as well as alpha-phenylacetoacetamide (APAA), a precursor used to make amphetamine and methamphetamine, as schedule II substances under the Controlled Substances Act, it said in a notice released Dec. 18. “If finalized, this action would subject handlers (manufacturers, distributors, importers, and exporters) of PMK glycidate, PMK glycidic acid, and APAA to the chemical regulatory provisions of the CSA and its implementing regulations,” DEA said. Comments are due Feb. 19, 2021.
The Environmental Protection Agency released a final rule Dec. 4 setting new significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for six chemical substances subject to premanufacture notices (PMNs). As a result of the SNURs, persons planning to manufacture, import or process any of the chemical substances for an activity designated as a significant new use by this rule are required to notify EPA at least 90 days in advance. Importers of chemicals subject to these SNURs will need to certify their compliance with the SNUR requirements, and exporters of these chemical substances will now become subject to export notification requirements. The final rule takes effect Feb. 5. The SNURs cover the following chemical substances:
The Drug Enforcement Administration permanently placed the synthetic opioids cyclopentyl fentanyl, isobutyryl fentanyl, para-chloroisobutyryl fentanyl, para-methoxybutyryl fentanyl and valeryl fentanyl into Schedule I of the Controlled Substances Act, in a final rule published Nov. 25. The substances had been temporarily listed in Schedule I since 2018. The final rule takes effect Nov. 25.