Census Issues Foreign Trade Regulations Rewrite: Filing Requirements, Data Elements, Exemptions

Filing Requirements

• The final rule does not include various requirements from the proposed rule, due to concern from stakeholders about possible additional costs and the unavailability of information. Proposals to include requirements to report the country of origin and the end user are not in the final rule. The equipment number, seal number and Transportation Reference Number will all remain optional reporting fields.
• Adds Nuclear Regulatory Commission to the list of items Electronic Exporter Information is required for, in 30.2(a)(1)(iv). The rule also adds self-propelled vehicles to that same section, and requires those shipments to be filed in accordance with CBP regulations.
• In the same section, the rule adds a note of reference to 30.16 for filing requirements for shipments destined for a country in Country Group E:1 (which covers terrorist supporting countries).
• Adds requirement to fax the Kimberley Process Certificate to Census Bureau prior to export, in section 30.7(c) and 30.50(b)
• Revises text to clarify that all shipments destined for Canada must be filed the same as all other exports when they fall under 30.36(b)(1-7)
• Revises 30.2(b)(3) so that AES downtime procedures cannot be used when the computer system of an AES participant is unavailable for transmission

Data Elements

• Allow reporting of "unknown/other" in new mandatory ultimate consignee data element
• Revises text in 30.6(a)(9) to clarify that port of export for shipments by overland transportation is where the goods cross the U.S. border into Canada or Mexico, including transshipments
• Clarifies 30.6(a)(5) so that the country of ultimate destination can be where the goods are stored, and so the country of ultimate destination for BIS license exceptions and non-licensed shipments to international waters is the nationality of the person or entity assuming control of items subject to the EAR.
• In section 30.6(a)(19), clarifies that the reuse of shipment reference number is prohibited. In comments, stakeholders said that since the SRN was already used for internal purposes, they would like to reuse it for AES. But the Census Bureau’s analysis of the AES system confirmed that it is not configured to allow the number’s reuse, the rule said.
• Edits 30.6(b) to include new conditional filing requirements for reporting license value -- for shipments requiring an export license, report the value on the license that corresponds to the commodity being exported

Exemptions from filing EEI

• Adds a new exclusion from filing EEI: Goods licensed by a U.S. federal government agency, where the country of ultimate destination is the U.S., or goods destined for international waters where the entity assuming control is a citizen, legal U.S. resident, juridical entity organized under U.S. law or jurisdiction within the U.S.
• Adds a revised definition of “household goods” in section 30.38. Household goods will be defined as “usual and reasonable kinds and quantities of personal property necessary and appropriate for use by the USPPI in the USPPI’s dwelling in a foreign country. Household goods include, but are not limited to items such as furniture, large and small appliances, kitchenware … These goods should be for use by the USPPI, not intended for sale; and shipped under a bill of lading or an air waybill.
• In 30.37, which covers miscellaneous exemptions, the rule removes the exception for goods that are transported In-bond through the U.S., since these shipments are outside FTR’s scope and are excluded from filing requirements.
• The rule also removes the exemption in 30.37 for temporary goods or temporarily imported goods. Temporary shipments of goods valued at more than $2,500 or that require a license must be filed in AES.
• Language is added to 30.37 to clarify that exports of technical data and defense service exemptions; various carriers; Army, Diplomatic and Fleet Post Office; shipments exported under license exception baggage and certain shipments designated to Country Group E:1 are exempt from EEI filing requirements.

See future ITT issues for more information about changes in the rule.