[Federal Register Volume 73, Number 111 (Monday, June 9, 2008)]
[Rules and Regulations]
[Page 32466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12627]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Part 192

[CBP Dec. No. 08-20]


Mandatory Pre-Departure Filing of Export Cargo Information 
Through the Automated Export System

AGENCY: Customs and Border Protection, Department of Homeland Security.

ACTION: General notice of compliance.

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SUMMARY: This notice informs the public of the date when U.S. Customs 
and Border Protection (CBP) will require compliance with its 
regulations pertaining to the mandatory, pre-departure electronic 
filing of export information through the Automated Export System (AES). 
CBP regulations at 19 CFR 192.14 setting forth requirements for the 
advance electronic filing of export information by vessel, air, truck, 
and rail carriers provide a compliance date contingent upon the 
redesign of CBP's AES commodity module and the effective date of 
Department of Commerce (DOC) regulations pertaining to mandatory 
electronic filing of export information. Since the redesign of the AES 
commodity module is complete, and the DOC regulations were published as 
a final rule on June 2, 2008, with an effective date of July 2, 2008, 
and an implementation date of September 30, 2008, the CBP regulations 
must be complied with starting September 30, 2008.

DATES: The compliance date for the CBP regulations pertaining to the 
mandatory, pre-departure electronic filing of export cargo information 
through the AES (19 CFR 192.14) is September 30, 2008.

FOR FURTHER INFORMATION CONTACT: Gregory Olsavsky, Director, Cargo 
Control Division, Office of Field Operations, 202-344-1049.

SUPPLEMENTARY INFORMATION: On December 5, 2003, CBP published a final 
rule in the Federal Register (68 FR 68140) amending the CBP regulations 
pertaining to the filing of export cargo information through the AES 
(19 CFR, Part 192, Subpart B). Specifically, the final rule added new 
Sec.  192.14 to require (with a provision for exceptions) that vessel, 
air, truck, and rail carriers electronically file export cargo 
information through a CBP-approved electronic data interchange system 
(then and still the AES) and that such filing occur prior to departure 
from the United States for vessel and air carriers (24 hours for vessel 
carriers, two hours prior to scheduled departure time for air carriers) 
and prior to arrival at the border for truck and rail carriers (one 
hour for truck carriers, two hours for rail carriers). (The actual 
filing responsibility is imposed on the U.S. principal party in 
interest (USPPI), or its agent, representing the carrier.) These 
regulations were published pursuant to section 343(a) of the Trade Act 
of 2002, as amended by the Maritime Security Act (19 U.S.C. 2071 note). 
(See the published rule for a further discussion of these provisions 
and their underlying authorities.)
    Under the 2003 CBP final rule (specifically, Sec.  192.14(e)), the 
requirements of these regulations were set to be implemented upon the 
completion of the redesign of CBP's AES commodity module and the 
effective date of DOC regulations pertaining to mandatory electronic 
filing of export cargo information. The redesign of the AES is 
complete, and the DOC has recently published its regulations.
    On June 2, 2008, the Bureau of the Census (U.S. Census Bureau or 
Census Bureau), DOC, published a final rule in the Federal Register (73 
FR 31548) amending its Foreign Trade regulations to implement 
provisions of the Foreign Relations Authorization Act (FRA Act). Under 
the FRA Act, the Secretary of Commerce, with the concurrence of the 
Secretary of State and the Secretary of Homeland Security, is 
authorized to publish regulations mandating that all persons required 
to file export information via a Shippers Export Declaration (SED) 
under chapter 9 of title 13, United States Code (13 U.S.C.) do so 
through the AES. Thus, under the final rule, the Census Bureau is 
requiring mandatory filing of export cargo information through CBP's 
AES (or through AESDirect, the Census Bureau's free Internet-based 
system) for all shipments: Vessel, aircraft, truck, and rail. (See the 
published rule for a further discussion of these provisions and their 
underlying authorities.) The publication of these DOC regulations and 
the effective date set forth in those DOC regulations trigger the 
effectiveness of the CBP regulations.
    The effective date of the Census Bureau final rule is July 2, 2008, 
but the Census Bureau will not commence implementation of the final 
rule's provisions until September 30, 2008. Accordingly, the compliance 
date for the CBP regulations pertaining to pre-departure electronic 
filing (through AES) of export cargo information, pursuant to 19 CFR 
192.14(e), is the implementation date of the DOC final rule, September 
30, 2008. After September 30, 2008, CBP will publish a technical 
amendment to the CFR amending Sec.  192.14 to reflect the compliance 
date.

    Dated: June 2, 2008.
Jayson P. Ahern,
Acting Commissioner, Customs and Border Protection.
[FR Doc. E8-12627 Filed 6-6-08; 8:45 am]
BILLING CODE 9111-14-P