[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Notices]
[Pages 63152-63154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26538]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Census Bureau
Submission for OMB Review; Comment Request
The Department of Commerce will submit to the Office of Management
and Budget (OMB) for clearance the following proposal for collection of
information under the provisions of the Paperwork Reduction Act.
Agency: U.S. Census Bureau.
Title: Automated Export System.
OMB Control Number: 0607-0152.
[[Page 63153]]
Form Number(s): Automated Commercial Environment (ACE) AESDirect
Record Formats and related documents, including the AES Letter of
Intent, ACE Exporter Account Application and Quick Reference Guide, AES
Certification Statements, and the ACE AESDirect User Guide.
Type of Request: Revision of a currently approved collection.
Number of Respondents: 287,314 filers who submit 17,315,950
shipments annually through the AES.
Average Hours per Response: 3 minutes per AES transaction.
Burden Hours: 865,798.
Needs and Uses: The Census Bureau requires mandatory filing of all
export information via the AES. This requirement is mandated through
Public Law 107-228 of the Foreign Trade Relations Act of 2003. This law
authorizes the Secretary of Commerce with the concurrences of the
Secretary of State and the Secretary of Homeland Security to require
all persons who file export information according to Title 13, United
States Code (U.S.C.), Chapter 9, to file such information through the
AES.
The AES is the primary instrument used for collecting export trade
data, which are used by the Census Bureau for statistical purposes. The
AES record provides the means for collecting data on U.S. exports.
Title 13, U.S.C., Chapter 9, Sections 301-307, mandates the collection
of these data. The regulatory provisions for the collection of these
data are contained in the Foreign Trade Regulations (FTR), Title 15,
Code of Federal Regulations (CFR), Part 30. The official export
statistics collected from these tools provide the basic component for
the compilation of the U.S. position on merchandise trade. These data
are an essential component of the monthly totals provided in the U.S.
International Trade in Goods and Services Press Release, a principal
economic indicator and a primary component of the Gross Domestic
Product. Traditionally, other federal agencies use the Electronic
Export Information (EEI) for export control purposes to detect and
prevent the export of certain items by unauthorized parties or to
unauthorized destinations or end users. This information is noted in
the ACE AESDirect User Guide.
Since 2016, the Census Bureau and the U.S. Customs and Border
Protection (CBP) have implemented the following enhancements to the
AES, in accordance with revisions to the FTR: (1) Added the Original
Internal Transaction Number (ITN) to the AES. The Original ITN field is
an optional data element and is utilized if the filer creates an
additional AES record for a shipment that was previously filed; (2)
added the Ultimate Consignee Type data field, which requires the filer
to identify the ultimate consignee as a Direct Consumer, Government
Entity, Reseller, or Other.
In addition, the Census Bureau and CBP implemented the following
changes to the AES: (1) Added Bureau of Industry and Security (BIS)
Export Control Classification Numbers (ECCNs) and increased edits and
validations between License Codes and ECCNs, including the addition of
the 600 series ECCNs; (2) renamed the country Swaziland to Eswatini in
the AES; and (3) removed the BIS license codes C32, C49, C55, and C56.
The Census Bureau also revised the FTR to clarify the split
shipment requirements (82 FR 18383) and the collection of the Kimberley
Process Certificates (83 FR 17749). Additionally, the Census Bureau
revised language in the FTR to reflect the implementation of the
International Trade Data System, in accordance with the Executive Order
13659, Streamlining the Export/Import Process for America's Businesses.
These revisions made should not affect the average three-minute
response time for the completion of the AES record: The Original ITN is
an optional data element and filers will only report it when they
choose to provide CBP with additional information about the export
shipment; The Ultimate Consignee Type was added for the BIS for export
enforcement purposes and is information that filers should know based
on BIS's ``Know Your Customer'' guidance; The revision to the ECCNs and
License Codes modified selections for fields that already exist.
Currently, the Census Bureau is drafting a Notice of Proposed
Rulemaking (NPRM) to clarify the responsibilities of parties
participating in routed and standard export transactions. The Census
Bureau published an Advance Notice of Proposed Rulemaking (ANPRM) on
October 6, 2017 (82 FR 46739) soliciting comments on the clarity,
usability, and any other matters of interest to the trade community and
the public related to the regulatory requirements for routed
transactions. The Census Bureau considered all comments received in
response to the ANPRM in drafting the NPRM. The NPRM potentially would
propose revisions and add several key terms used in the regulatory
provision of these transactions, including authorized agent, forwarding
agent, standard export transaction and written release. While revisions
to the FTR are necessary to improve clarity to the filing requirements
for the routed export transaction, it is critical for the Census Bureau
to ensure that any revisions made to the FTR will allow for the
continued collection and compilation of accurate trade statistics.
Additionally, it is important that the responsibilities of the U.S.
Principal Party in Interest (USPPI) and the U.S. authorized agent are
clearly defined to ensure that the Electronic Export Information is
filed by the appropriate party to prevent receiving duplicate filings
or in some cases, no filings. The changes proposed in the NPRM will not
have an impact on the reporting burden of the export trade community.
The information collected via the AES conveys what is being
exported (description and commodity classification number), how much is
exported (quantity, shipping weight, and value), how it is exported
(mode of transport, exporting carrier, and whether containerized), from
where (state of origin and port of export), to where (port of unloading
and country of ultimate destination), and when a commodity is exported
(date of exportation). The identification of the USPPI shows who is
exporting goods. The USPPI and/or the forwarding or other agent
information provides a contact for verification of the information.
The U.S. Federal Government uses every data element on the AES
record. The Census Bureau published the Final Rule ``Foreign Trade
Regulations (FTR): Clarification on Filing Requirements'' on April 19,
2017 (82 FR 18383) to update the language in the Foreign Trade
Regulations to reflect the implementation of the International Trade
Data System (ITDS). The ITDS was established to eliminate the redundant
information collection requirements, efficiently regulate the flow of
commerce, and effectively enforce laws and regulations relating to
international trade. ITDS establishes a single portal system for the
collection and distribution of standard electronic import and export
data required by all participating federal agencies. In addition, this
Rule allows federal agencies with appropriate authority to access
export data in the AES and ensure consistency with the Executive Order
13659, Streamlining the Export/Import Process for America's Businesses,
issued on February 19, 2014.
The data collected from the AES serves as the official record of
export transactions. The mandatory use of the AES enables the Federal
Government to produce more accurate export statistics. The Census
Bureau delegated the
[[Page 63154]]
authority to enforce the FTR to the BIS's Office of Export Enforcement
and the Department of Homeland Security's CBP and Immigrations and
Customs Enforcement. The mandatory use of the AES also facilitates the
enforcement of the Export Administration Regulations for the detection
and prevention of exports of high technology commodities to
unauthorized destinations by the BIS and the CBP; the International
Traffic in Arms Regulations by the U.S. Department of State for the
exports of munitions; and the validation of the Kimberly Process
Certificate for the exports of rough diamonds.
Other Federal agencies use these data to develop the components of
the merchandise trade figures used to calculate the balance of payments
and Gross Domestic Product accounts; to enforce U.S. export laws and
regulations; to plan and examine export promotion programs and
agricultural development and assistance programs; and to prepare for
and assist in trade negotiations under the General Agreement on Tariffs
and Trade. Collection of these data also eliminates the need for
conducting additional surveys for the collection of information, as the
AES shows the relationship of the parties to the export transaction (as
required by the Bureau of Economic Analysis). These AES data are also
used by the Bureau of Labor Statistics as a source for developing the
export price index and by the U.S. Department of Transportation for
administering the negotiation of reciprocal arrangements for
transportation facilities between the United States and other
countries.
Export statistics collected from the AES aid state governments,
private sector companies, financial institutions, and transportation
entities in conducting market analysis and market penetration studies
for the development of new markets and market-share strategies. A
collaborative effort among the Census Bureau, the National Governors'
Association and other data users resulted in the development of export
statistics using the state of origin reported on the AES. This
information enables state governments to focus activities and resources
on fostering the exports of goods that originate in their states. Port
authorities, steamship lines, airlines, aircraft manufacturers, and air
transport associations use these data for measuring the volume and
effect of air or vessel shipments and the need for additional or new
types of facilities.
Affected Public: Individuals, Businesses.
Frequency: On occasion.
Respondent's Obligation: Mandatory.
Legal Authority: Title 13 United States Code, Chapter 9, Section
301.
This information collection request may be viewed at
www.reginfo.gov. Follow the instructions to view Department of Commerce
collections currently under review by OMB.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
to [email protected] or fax to (202) 395-5806.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the Chief Information Officer,
Commerce Department.
[FR Doc. 2018-26538 Filed 12-6-18; 8:45 am]
BILLING CODE 3510-07-P