Highlights from Census' April 2006 AES Newsletter
The Bureau of Census (Census) has posted to its Web site the April 2006 edition of its AES Newsletter.
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This is Part II, the final part of a two-part series of summaries on Census' April 2006 newsletter and highlights Census information on Automated Export System (AES) progress reports, AES fatal error reports, as well as a new AESDirect account update procedure and a new AES commodity filing response message. (See ITT's Online Archives or 06/02/06 news, 06060220, for Part I, which focused on the delay in the final rule on full mandatory filing of export information in AES.)
AES Filer Progress Reports
Census notes that 15 CFR 30.62(d) authorizes it to monitor and review filer's data through AES for quality, timeliness and coverage. Census states that it reviews the data and sends periodic progress reports and contacts filers as needed. According to Census, filers should use their progress reports to identify areas in need of improved reporting.
Census notes that Public Law 107-2281 established new penalty provisions for providing false or misleading information, delayed filings and failure to file. The provisions will be implemented 120 days after publication of regulations in the Federal Register. Delayed filings and other errors identified on a progress report will constitute a violation of the regulations and may result in civil or criminal penalties ranging from $1,100 per violation per day up to $10,000.
AES Fatal Error Reports
Under 15 CFR 30.64, AES filers are required to correct export transactions receiving fatal errors prior to exportation of the merchandise or prior to the 10th day after exportation if the U.S. Principal Party in Interest (USPPI) is approved for post-departure (Option 4) filing.
Census' AES Branch sends out bi-weekly reports to filers that have not been successful in meeting this requirement. The report provides a list of Shipment Reference Numbers and the corresponding fatal condition(s) for each of the listed numbers.
Census has also included in the April 2006 newsletter instructions on how to handle fatal errors.
Census warns that if a company continues to be non-compliant with 15 CFR 30.64 after repeated warnings, it may be subject to fines, seizures and/or penalties or revocation of its filing privileges in AES for a period of 60 days.
AESDirect Account Update Procedure Introduced
Census announces that AESDirect has recently introduced a new way to update account profiles. Now each time the company Account Administrator updates the AESDirect password, he or she will be asked to verify the AESDirect company account information on file.
New Response Code 855
Census also discusses a new commodity filing response message 855 (Foreign Origin Versus In-Transit).
According to Census, the reason a filer would receive this new response code is because the Domestic/Foreign Origin Indicator has been declared as "F," indicating that merchandise reported on the electronic export information (EEI) is of foreign origin. Historically, filers have erroneously reported a Shipper's Export Declaration (SED, Commerce Form 7525-V) or an AES EEI, marking a commodity as foreign origin when in fact the shipment was an in-transit shipment and not allowed to be filed in AES.
To resolve this message, Census suggests the following:
Verify that the goods reported are actually foreign. Next, verify that the goods reported are actually being exported and that they are not traveling in-transit through the U.S. en route to another country under an in-bond movement.
If the goods are traveling in-transit through the U.S., they are not to be filed in AES and the shipment must be canceled in AES.
If the export is an export of foreign origin goods and not an in-transit shipment, no further action is necessary.
1In addition to new penalty provisions, P.L. 107-228 also contained a provision to make the filing of certain export information mandatory through AES. (See ITT's Online Archives or 10/03/02 and 10/04/02 news, 02110310 and 02100410, for previous BP summaries on P.L. 107-228.
Census April 2006 AES Newsletter available at http://www.census.gov/foreign-trade/aes/aesnewsletter042006.pdf.