[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Notices]
[Pages 70777-70779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25316]


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DEPARTMENT OF COMMERCE

Census Bureau


Agency Information Collection Activities; Submission to the 
Office of Management and Budget (OMB) for Review and Approval; Comment 
Request; Automated Export System Program

AGENCY: Census Bureau, Commerce.

ACTION: Notice of information collection, request for comment.

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SUMMARY: The Department of Commerce, in accordance with the Paperwork 
Reduction Act (PRA) of 1995, invites the general public and other 
Federal agencies to comment on proposed, and continuing information 
collections, which helps us assess the impact of our information 
collection requirements and minimize the public's reporting burden. The 
purpose of this notice is to allow for 60 days of public comment on the 
proposed revision to the Automated Export System Program prior to the 
submission of the information collection request (ICR) to OMB for 
approval.

DATES: To ensure consideration, comments regarding this proposed 
information collection must be received on or before January 20, 2023.

ADDRESSES: Interested persons are invited to submit written comments by 
email to [email protected]. Please reference Automated Export 
System Program in the subject line of your comments. You may also 
submit comments, identified by Docket Number USBC-2022-0023, to the 
Federal e-Rulemaking Portal: https://www.regulations.gov. All comments 
received are part of the public record. No comments will be posted to 
https://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. You may submit attachments to electronic 
comments in Microsoft Word, Excel, or Adobe PDF file formats.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
specific questions related to collection activities should be directed 
to Kiesha Downs, Chief, Trade Regulations Branch, U.S. Census Bureau, 
4600 Silver Hill Road, Washington, DC 20233-6700, (301) 763-7079, or by 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Abstract

    Title 13, United States Code (U.S.C.), Chapter 9, Section 301 
authorizes the U.S. Census Bureau (Census Bureau) to collect, compile 
and publish trade data. Title 15, Code of Federal Regulations (CFR), 
Part 30, known as the Foreign Trade Regulations (FTR), contains the 
regulatory provisions for preparing and filing Electronic Export 
Information (EEI) in the Automated Export System (AES). The Census 
Bureau uses the AES or successor system as the instrument for 
collecting export trade data from parties exporting commodities from 
the United States. In addition to the collection of data, the Census 
Bureau compiles these export data from the AES. These data, along with 
import data function as the basis for the official U.S. trade 
statistics. The Census Bureau publishes import and export statistics 
that are used to determine the balance of international trade and are 
designated for use as a principal economic indicator. The Census Bureau 
releases these statistics monthly according to the U.S. International 
Trade in Goods and Services Press Release Schedule.
    These data are used in the development of U.S. government economic 
and foreign trade policies, including export control purposes under 
Title 50, U.S.C. The Bureau of Industry and Security, U.S. Customs and 
Border

[[Page 70778]]

Protection (CBP), and other enforcement agencies use these data to 
detect and prevent the export of certain items by unauthorized parties 
to unauthorized destinations or end users. The published export data 
enables U.S. businesses to develop practical marketing strategies as 
well as provide a means to assess the impact of exports on the domestic 
economy.
    Recently, the Census Bureau published a Notice of Proposed 
Rulemaking (NPRM) on December 15, 2021. The NPRM proposed to add a 
conditional data element, country of origin, in the AES. In addition to 
the new reporting requirement, the Census Bureau is making remedial 
changes to the FTR to improve clarity of the reporting requirements and 
to correct errors. 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 complete, accurate and timely trade statistics. This 
proposed rule would require an exporter to report the country of origin 
only when foreign origin goods are exported.

II. Method of Collection

Automated Export System

    Except as noted in Title 15 CFR, Part 30, Section 30.2(a)(1)(iv), 
EEI is required for all export shipments of goods valued over $2,500 
per Schedule B or Harmonized Tariff Schedule of the United States 
commodity classification number from the United States, including 
Foreign Trade Zones located therein, Puerto Rico, and the U.S. Virgin 
Islands to foreign countries; for exports between the United States and 
Puerto Rico; and for exports to the U.S. Virgin Islands from the United 
States or Puerto Rico. The AES program is unique among Census Bureau 
statistical collections since it is not sent to respondents to solicit 
responses, as is the case with surveys. Filing EEI via the AES is a 
mandatory process under the statutory authority of Title 13 U.S.C., 
Chapter 9, Section 301. The statutory requirement is implemented by 
Title 15, CFR, Part 30, also referred to as the FTR. The export trade 
community can access the AES via a free internet-based system, called 
AESDirect, or they can use software that connects directly with the 
Automated Commercial Environment (ACE). In most instances, the United 
States Principal Party in Interest or authorized agent must file EEI 
via the AES and annotate the commercial loading documents with the 
proof of filing citation prior to the export of a shipment. For 
scenarios where the EEI filing is not required, the proper exemption or 
exclusion legend must be noted on the commercial loading documents per 
Section 30.7 of the FTR.
    For exports to Canada, a Memorandum of Understanding (MOU) signed 
by CBP, Canada Border Services Agency, Statistics Canada, and the 
Census Bureau enables the United States to substitute Canadian import 
statistics for U.S. export statistics. Similarly, in accordance with 
the MOU, Canada substitutes U.S. import statistics for Canadian exports 
to the United States. This exchange of data eliminates the requirement 
for the export trade community to file the EEI with the U.S. Government 
for the majority of export shipments to Canada, thus resulting in the 
elimination of over eight million EEI records filed in the AES 
annually. EEI must be filed through the AES for export shipments to 
Canada that require mandatory EEI filing under Title 15 CFR, Part 30, 
Section 30.2(a)(1)(iv). In addition, export shipments from the United 
States through Canada destined to a country other than Canada require 
EEI filing in the AES.
    The AES enables the U.S. Government to significantly improve the 
quality, timeliness, and coverage of export statistics. Since July 
1995, the Census Bureau and the CBP have utilized the AES to improve 
the reporting of export trade information, customer service, increase 
compliance with and enforcement of export laws, and to provide 
paperless reports of export information. The AES also enables the U.S. 
Government to increase its ability to prevent the export of certain 
items by unauthorized parties to unauthorized destinations and end 
users through electronic filing.
    In addition to the AES, CBP continues to explore the ability to 
receive advance export manifest data, which may improve the accuracy of 
transportation data elements in the EEI filing and reduce updates to 
shipment information. CBP has extended and renewed its tests of the ACE 
Export Manifest for air, rail, and ocean cargo. These tests assess the 
electronic export manifest message specifications from the pilot 
participants to the ACE. These pilots are focused on CBP receiving 
electronic data and returning specific status messages back to the 
pilot participants. Since August 2021, the Census Bureau has been 
evaluating the collection of data from the electronic export rail 
manifest for goods moving from Port Huron, MI and departing on one rail 
carrier. The evaluation has proven that transportation data provided by 
the carrier is more accurate than transportation data estimated by the 
U.S. Principal Party in Interest and authorized agent. The Census 
Bureau's evaluation of the data quality from the electronic export rail 
manifest included the data elements: method of transportation, date of 
export, port of export, carrier identification and carrier name and 
foreign port of unlading.

Steel Mill Statistics

    Since 1999, the Department of Commerce (DOC) has been approved to 
release data on imports of steel mill products in advance of the 
regular monthly trade statistics release. The International Trade 
Administration relies heavily on the preliminary import statistics of 
steel mill products provided by the Census Bureau in an effort to 
monitor steel imports so that industry can identify trends and 
potential shifts in trade patterns so that appropriate action can be 
taken. With the revision to the AES Program in 2019, the Census Bureau 
eliminated the need for a separate annual approval from OMB for the 
early release of preliminary steel mill import statistics since it is 
included in this clearance.
    The FTR, subpart F addresses the general requirements for filing 
import entries with CBP in the ACE in accordance with 19 CFR, which is 
the source of the import data on steel mill products.

III. Data

    OMB Control Number: 0607-0152.
    Form Number(s): Automated Export System.
    Type of Review: Regular submission, Request for a Revision of a 
Currently Approved Collection.
    Affected Public: Exporters, Forwarding agents, Export Carriers.
    Estimated Number of Respondents: 277,489.
    Estimated Time Per Response: 3 minutes per AES submission.
    Estimated Total Annual Burden Hours: 851,261.
    Estimated Total Annual Cost to Public: $18,727,742.
    Respondent's Obligation: Mandatory.
    Legal Authority: Title 13 United States Code, Chapter 9, Section 
301.

IV. Request for Comments

    We are soliciting public comments to permit the Department/Bureau 
to: (a) Evaluate whether the proposed information collection is 
necessary for the proper functions of the Department, including whether 
the information will have practical utility; (b) Evaluate the accuracy 
of our estimate of the time and cost burden for this proposed 
collection, including the validity of the methodology and assumptions 
used; (c) Evaluate ways to enhance the quality,

[[Page 70779]]

utility, and clarity of the information to be collected; and (d) 
Minimize the reporting burden on those who are to respond, including 
the use of automated collection techniques or other forms of 
information technology.
    Comments that you submit in response to this notice are a matter of 
public record. We will include, or summarize, each comment in our 
request to OMB to approve this ICR. Before including your address, 
phone number, email address, or other personal identifying information 
in your comment, you should be aware that your entire comment--
including your personal identifying information--may be made publicly 
available at any time. While you may ask us in your comment to withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so.

Sheleen Dumas,
Department PRA Clearance Officer, Office of the Chief Information 
Officer, Commerce Department.
[FR Doc. 2022-25316 Filed 11-18-22; 8:45 am]
BILLING CODE 3510-07-P