[Federal Register Volume 79, Number 177 (Friday, September 12, 2014)]
[Rules and Regulations]
[Pages 54588-54589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21779]


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DEPARTMENT OF COMMERCE

Bureau of the Census

15 CFR Part 30

[Docket Number: 140821699-4699-01]
RIN 0607-AA53


Foreign Trade Regulations (FTR): Reinstatement of Exemptions 
Related to Temporary Exports, Carnets, and Shipments Under a Temporary 
Import Bond

AGENCY: Bureau of the Census, Commerce Department.

ACTION: Interim final rule.

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SUMMARY: The Bureau of the Census (Census Bureau) issues this interim 
final rule to amend its regulations to eliminate the reporting 
requirement for temporary exports, which includes carnets, and goods 
previously imported on a Temporary Importation Under Bond (TIB). In the 
Final Rule published in the Federal Register on March 14, 2013, the 
Census Bureau removed the exemptions for temporary exports, which 
includes carnets and goods imported under a TIB. This amendment 
reinstates exemptions for temporary exports/carnets and for goods that 
were imported under a TIB for return in the same condition as when 
imported. As a result, these types of shipments are exempt from filing, 
except as noted in the Foreign Trade Regulations (FTR).

DATES: Effective date: This interim final rule is effective September 
12, 2014.
    Comment date: To be assured consideration, written comments must be 
received on our before October 14, 2014.

ADDRESSES: Please direct all written comments on this interim final 
rule to the Chief, Foreign Trade Division, U.S. Census Bureau, Room 
6K032, Washington, DC 20233-6010. You may also submit comments, 
identified by RIN 0607-AA53 or by the eRulemaking docket number USBC-
2014-0003, to the Federal e-Rulemaking Portal: http://www.regulations.gov. All comments received are part of the public 
record. No comments will be posted to http://www.regulations.gov for 
public viewing until after the comment period has closed. Comments will 
generally be posted without change. All Personally Identifiable 
Information (for example, name and address) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information. 
The Census Bureau will accept anonymous comments (enter N/A in the 
required fields, if you wish to remain anonymous). You may submit 
attachments to electronic comments in Microsoft Word, Excel, 
WordPerfect, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Dale C. Kelly, Chief, Foreign Trade 
Division, U.S. Census Bureau, Room 6K032, Washington, DC 20233-6010, by 
phone (301) 763-6937, by fax (301) 763-8835, or by email 
<[email protected]>.

SUPPLEMENTARY INFORMATION:

Background

    The Census Bureau is responsible for collecting, compiling, and 
publishing export trade statistics for the United States under the 
provisions of Title 13, United States Code (U.S.C.), Chapter 9, Section 
301. The Automated Export System (AES) is the primary instrument used 
for collecting export trade data, which are used by the Census Bureau 
for statistical purposes. Through the AES, the Census Bureau collects 
Electronic Export Information (EEI), the electronic equivalent of the 
export data formerly collected on the Shipper's Export Declaration, 
pursuant to the Foreign Trade Regulations (FTR), Title 15, Code of 
Federal Regulations (CFR), part 30. Filing in the AES is not required 
for shipments excluded in Section 30.2(d) and shipments exempted in 
Subpart D that are not subject to Section 30.2(a)(1)(iv).
    The Census Bureau published a Final Rule in the Federal Register on 
March 14, 2013 (78 FR 16366) that removed the exemptions for carnets 
and other temporary exports and goods previously imported under a 
Temporary Import Bond (TIB) exported in the same condition; it became 
effective April 5, 2014. In other words, this rule created an AES 
filing requirement for previously exempted items, such as carnets. With 
respect to eliminating these exemptions, the Department of the Treasury 
raised concerns and members of the trade community submitted

[[Page 54589]]

letters to the Census Bureau regarding the new AES filing requirement 
for carnets, an international customs document that permits the tax-
free and duty-free temporary export and import of goods for up to one 
year, and goods previously imported under a TIB. The comments centered 
on the concern that mandatory AES filing for carnets may be contrary to 
the Customs Convention on the ATA carnet for the Temporary Admission of 
Goods (ATA Convention), to which the U.S. is a contracting party. In 
addition, the trade community stated that, unless the exemptions were 
reinstated, it would be extremely difficult to comply with the FTR, 
particularly for goods moving on a foreign carnet. Since receiving this 
feedback, the Census Bureau and U.S. Customs and Border Protection 
(CBP) have reviewed this issue and determined that it is necessary to 
reinstate the exemptions from filing for temporary exports, including 
carnets, and goods that were previously imported under a TIB for return 
in the same condition as when exported. However, the Census Bureau and 
CBP will review these exemptions in partnership with the trade and may 
publish a Notice of Proposed Rulemaking to address temporary exports, 
carnets, and TIBs in the future.

Program Requirements

    The Census Bureau is amending the following section of the FTR:
     Revise Sec.  30.37(q) and (r) to reinstate the exemptions 
from AES filing for temporary exports, including carnets, and goods 
that were temporarily imported under a TIB for return in the same 
condition are exempt from AES filing.

Rulemaking Requirements

Administrative Procedure Act

    The Census Bureau finds good cause pursuant to Title 5, United 
States Code (U.S.C.), 553(b)(B) to waive prior notice and opportunity 
for public comment, as it is impracticable and contrary to the public 
interest. The Census Bureau is undertaking this amendment in response 
to comments from the public indicating that the current regulations may 
be contrary to the conditions of the Customs Convention on the ATA 
Carnets for the Temporary Admission of Goods (ATA Convention). In 
particular, members of the international trade community and the 
Department of the Treasury noted that the elimination of the AES filing 
exemptions for temporary exports, including carnets, may be contrary to 
the agreement by signatory nations to require such transactions to be 
filed in the AES. Removing the exemptions from filing may make the 
United States' regulations inconsistent with those of other signatory 
nations. This conflict could potentially lead other nations to 
implement additional filing requirements for carnets, thus impeding 
international trade. In addition, for goods moving on a foreign carnet, 
it is unclear who would file the required documentation, making it 
extremely difficult to comply with the FTR. It would be impracticable 
to allow for prior notice and opportunity for public comment as any 
such delay would prolong the Unites States' possible inconsistency with 
the terms of the ATA Convention. For these reasons, this rule 
reinstates the previous filing exemptions in Sec.  30.37(q) and (r) of 
the FTR for temporary exports, including carnets, and goods that were 
imported under a TIB for return in the same condition as when imported. 
In doing so, this rule ensures consistency with the ATA Convention, 
reduces the filing requirement, avoids confusion, and eases compliance 
with the FTR.
    Additionally, and for similar reasons, the Census Bureau finds good 
cause pursuant to 5 U.S.C. 553(d) to waive the 30-day delay in 
effectiveness for this rule. This rule allows for an exemption to the 
AES filing requirements. This rule also imposes no additional 
requirements or obligations on any member of the public, and so 
delaying its effectiveness is unnecessary. Therefore, the Census Bureau 
has determined that it will make this rule effective on September 12, 
2014.

Regulatory Flexibility Act

    Because notice and opportunity for comment are not required 
pursuant to 5 U.S.C. 553 or any other law, the analytical requirements 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are 
inapplicable. Therefore, a regulatory flexibility analysis is not 
required and one has not been prepared.

Executive Orders

    This rule has been determined to be not significant for purposes of 
Executive Order 12866. It has been determined that this rule does not 
contain policies with federalism implications as that term is defined 
under Executive Order 13132.

Paperwork Reduction Act

    Notwithstanding any other provision 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 current and valid Office of Management and 
Budget (OMB) control number. This rule contains a collection-of-
information subject to the requirements of the PRA that has been 
approved under OMB control number 0607-0152.

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, 15 CFR part 30 is amended 
as follows:

PART 30--FOREIGN TRADE REGULATIONS

0
1. The authority citation for part 30 continues to read as follows:

    Authority: 5 U.S.C. 301; 13 U.S.C. 301-307; Reorganization Plan 
5 of 1990 (3 CFR 1949-1953 Comp., p.1004); Department of Commerce 
Organization Order No. 35-2A, July 22, 1987, as amended, and No. 35-
2B, December 20, 1996, as amended; and Public Law 107-228, 116 Stat. 
1350.


0
2. Amend Sec.  30.37 by adding paragraphs (q) and (r) to read as 
follows:


Sec.  30.37  Miscellaneous exemptions.

* * * * *
    (q) Temporary exports, except those that require licensing, whether 
shipped or hand carried, (e.g., carnet) that are exported from and 
returned to the United States in less than one year (12 months) from 
the date of export.
    (r) Goods previously imported under a Temporary Import Bond for 
return in the same condition as when imported including: Goods for 
testing, experimentation, or demonstration; goods imported for 
exhibition; samples and models imported for review or for taking 
orders; goods imported for participation in races or contests, and 
animals imported for breeding or exhibition; and goods imported for use 
by representatives of foreign governments or international 
organizations or by members of the armed forces of a foreign country. 
Goods that were imported under bond for processing and reexportation 
are not covered by this exemption.
* * * * *

    Dated: September 4, 2014.
John H. Thompson,
Director, Bureau of the Census.
[FR Doc. 2014-21779 Filed 9-11-14; 8:45 am]
BILLING CODE 3510-07-P