[Federal Register Volume 62, Number 129 (Monday, July 7, 1997)]
[Proposed Rules]
[Pages 36242-36243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17653]


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DEPARTMENT OF COMMERCE

Bureau of the Census

15 CFR Part 30

[Docket No. 970624153-7153-01]
RIN 0607-AA23


Revision of Section 30.56(b): Conditional Exemptions for Filing 
Shipper's Export Declarations (SED) for Tools of Trade

AGENCY: Bureau of the Census, Commerce.

ACTION: Notice of Proposed Rulemaking and Request for Comments.

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SUMMARY: The Bureau of the Census proposes to amend the Foreign Trade 
Statistics Regulations (FTSR) to include an exemption for exporters who 
currently must file a Shipper's Export Declaration (SED) for temporary 
exports of tools of trade. This exemption would apply whenever the 
tools of trade are company-owned commodities and software, accompany 
the employees or representatives of the exporting company, and are 
intended to remain outside of the country for less than one year. The 
current regulation only allows an exemption for filing an SED when the 
tools of trade are owned by individuals. This exemption will still 
apply.

DATES: Written comments must be submitted on or before August 6, 1997.

ADDRESSES: Direct all written comments on this proposed rulemaking to 
the Director, Bureau of the Census, Room 2049, Federal Building 3, 
Washington, D.C. 20233.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to C. Harvey Monk, Jr., Chief, Foreign Trade 
Division, Bureau of the Census, Room 2104, Federal Building 3, 
Washington, D.C. 20233-6700, by telephone on (301) 457-2255 or by fax 
on (301) 457-2645.

SUPPLEMENTARY INFORMATION: The FTSR currently exempts tools of trade 
that are owned by individuals from the requirement to file an SED. 
However, for tools of trade owned by a company rather than an 
individual, the FTSR provides no such exemption. Companies doing 
business abroad have requested that the Census Bureau review the 
current regulation to allow an exemption to eliminate the SED filing 
requirement for company-owned tools of trade that accompany employees 
or representatives of the company for temporary use abroad.
    Based upon our evaluation of these customer requests, the Census 
Bureau is proposing to broaden the current exemption criteria for 
filing SEDs to include an exemption for company-owned tools of trade.
    Based upon reviews by the Bureau of Export Administration (BXA) and 
the U.S. Customs Service, the Census Bureau has determined that, for 
statistical purposes, it is not necessary to collect information on 
temporary exports of company-owned tools of trade that do not normally 
require an export license or that are exported without a license as 
specified in 15 CFR 740.9 of the BXA Export Administration Regulations 
(EAR). For SED filing exemption purposes, the Census Bureau will 
include certain provisions of 15 CFR 740.9 of the EAR in its criteria 
for exemptions to the SED filing requirements.
    Therefore, the Bureau of the Census proposes to amend 15 CFR 
30.56(b) to include an exemption to SED filing requirements for exports 
of company-owned tools of trade, which are reasonable kinds and 
quantities of commodities and software for use by employees or 
representatives of the company in its enterprises or undertakings 
abroad. Commodities and software would be eligible for export under 
this exemption provided that the commodities and software:
    (1) Are owned by the individual or the exporting company;
    (2) Accompany the individual exporter, employee or representative 
of the exporting company;
    (3) Are necessary and appropriate and intended for the personal 
and/or business use of the individual exporter, employee or 
representative of the company or business;
    (4) Are not for sale; and
    (5) Are returned to the United States no later than one year from 
the date of export.
    This revision to 15 CFR 30.56(b) is being considered to increase 
the conditional exemptions for tools of trade owned by individuals, 
companies and/or businesses and to minimize the reporting burden for 
filing an SED.

Rulemaking Requirements

    This rule is exempt from all requirements of Section 553 of the 
Administrative Procedure Act because it deals with a foreign affairs 
function (5 U.S.C. (A)(1)). However, this rule is being published as a 
proposed rule with an opportunity for public comment because of the 
importance of the issues raised by this rulemaking.
    Because a notice of proposed rulemaking is not required by 5 U.S.C. 
553 or any other law, a Regulatory Flexibility Analysis is not required 
and has not been prepared (5 U.S.C. 603(a)).
    This rule has been determined to be not significant for purposes of 
Executive Order 12866.
    This rule does not contain policies with Federalism implications 
sufficient to warrant preparation of a Federalism assessment under 
Executive Order 12612.

Paperwork Reduction Act

    Notwithstanding any other provisions of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with, a collection of information subject to the requirements 
of the Paperwork Reduction Act (PRA) unless that collection of 
information displays a currently valid Office of Management and Budget 
(OMB) control number.
    This rule covers collections of information subject to the 
provisions of the Paperwork Reduction Act, which are cleared by the 
Office of Management Budget under OMB control numbers 0607-0001, 0607-
0018, and 0607-0152.
    This rule will result in a reduction of reporting-hour burden 
requirements under provisions of the Paperwork Reduction Act of 1995, 
Public Law 104-13.

List of Subjects in 15 CFR Part 30

    Economic statistics, Exports, Foreign trade, Reporting and 
recordkeeping requirements.

    For the reasons set out in the preamble, it is proposed that Part 
30 be amended as follows:

[[Page 36243]]

PART 30--FOREIGN TRADE STATISTICS

    1. The authority citation for 15 CFR Part 30 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 13 U.S.C. 301-307; Reorganization Plan 
No. 5 of 1950 (3 CFR 1949-1953 Camp., 1004); Department of Commerce 
Organization Order No. 35-2A. August 4, 1975, 40 CFR 42765.

Subpart D--Exemptions From the Requirements for the Filing of 
Shipper's Export Declarations

    2. Section 30.56(b); is proposed to be revised to read as follows:


Sec. 30.56  Conditional exemptions.

* * * * *
    (b) Tools of Trade are usual and reasonable kinds and quantities of 
commodities and software, and their containers, that are intended for 
use by individual exporters or by employees or representatives of the 
exporting company in furthering the enterprises and undertakings of the 
exporter abroad. Commodities and software eligible for this exemption 
are those that do not normally require an export license or that are 
exported without a license as specified in 15 CFR 740.9 of the EAR and 
are subject to the following provisions:
    (1) Are owned by the individual exporter or exporting company;
    (2) Accompany the individual exporter, employee or representative 
of the exporting company;
    (3) Are necessary and appropriate and intended for the personal 
and/or business use of the individual exporter, employee or 
representative of the company or business;
    (4) Are not for sale; and
    (5) Are returned to the United States no later than one year from 
the date of export.
* * * * *
    Dated: June 23, 1997.
Bradford R. Huther,
Deputy Director and Chief Operating Officer, Bureau of the Census.
[FR Doc. 97-17653 Filed 7-3-97; 8:45 am]
BILLING CODE 3510-07-P