[Federal Register Volume 89, Number 211 (Thursday, October 31, 2024)]
[Proposed Rules]
[Pages 86762-86770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24482]
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DEPARTMENT OF COMMERCE
Census Bureau
15 CFR Part 30
[Docket Number: 241010-0268]
RIN: 0607-AA62
Foreign Trade Regulations (FTR): Clarification of Filing
Requirements Regarding In-Transit Shipments and Other FTR Provisions
AGENCY: Census Bureau, Department of Commerce.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Bureau of the Census (Census Bureau) proposes to amend its
regulations to clarify the requirements governing in-transit shipments
from foreign countries through the United States that are subsequently
exported to a foreign destination. This rulemaking proposes to clarify
who is the U.S. Principal Party in Interest (USPPI) and revise the
entry number description when goods are entered into the United States
for consumption or warehousing, and then stored in a warehouse or
storage facility or admitted into a Foreign Trade Zone (FTZ) before
being exported. This rule also proposes to clarify that when a customs
broker is the USPPI and they are requested to provide information from
the customs entry for the filing of the Electronic Export Information
(EEI), that they obtain consent from their client, as required in the
customs regulations. Additionally, this proposed rule revises several
sections, including definitions, mandatory filing requirements,
responsibilities of parties to the export transaction, confidentiality,
penalties, and voluntary self-disclosures to ensure clarity, accuracy,
and consistency throughout the FTR.
DATES: Written comments must be received on or before December 30,
2024.
ADDRESSES: You may submit comments by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
The identification number for this rulemaking is identified by RIN
number 0607-AA62; or
By email directly to [email protected]. Include
RIN number 0607-AA62 in the subject line.
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.
FOR FURTHER INFORMATION CONTACT: Epa Uwimana, Chief, Economic
Management Division, Census Bureau, 4600 Silver Hill Road, Washington,
DC 20233-6010, by phone (301) 763-6064, by fax (301) 763-8835, or by
email [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Census Bureau, as delegated to it by the Secretary of Commerce,
is responsible for collecting, compiling, and publishing import and
export trade statistics for the United States under the provisions of
Title 13, United States Code (U.S.C.), Chapter 9, Section 301(a). Under
Title 13 U.S.C. 302, the Secretary of Commerce is authorized to
promulgate regulations deemed by the Secretary to be necessary or
appropriate and in such form or manner as the Secretary determines are
necessary or proper to carry out the purposes of and prevent the
circumvention of the requirements of Chapter 9 of Title 13. The
Secretary also may promulgate regulations covering the confidentiality,
publication, and disclosure of information collected under Chapter 9.
The Secretary developed the Automated Export System (AES), consistent
with Public Law 106-113 and considering the confidentiality
requirements of Chapter 9 of Title 13, to collect EEI in concert with
the export control and enforcement functions of U.S. Customs and Border
Protection and Immigration and Customs Enforcement of the Department of
Homeland Security, the Bureau of Industry and Security (BIS) of the
Department of Commerce, and the Directorate of Defense Trade Controls
of the Department of State. Public Law 107-228 directed the Secretary
to publish regulations requiring exporters to file Shippers' Export
Declarations, now referenced as EEI, in the AES. As a result, the
Census Bureau is responsible for publishing the FTR that set the export
reporting requirements for preparing and filing the EEI in the
Automated Export System (AES). The EEI is made up of mandatory,
conditional, and optional data elements. The purpose of this rulemaking
is to revise the FTR to define the USPPI and revise the description of
the entry number when goods enter the United States for consumption or
warehousing, and then stored in a warehouse or storage facility or
admitted into a FTZ before being exported. The Census Bureau has
experienced an increase in the number of inquiries regarding export
transactions where a customs broker enters goods into the United States
for consumption or warehousing, and then stored in a warehouse or
storage facility or admitted into a FTZ before being exported.
In this proposed rule we are expanding the scenarios of the USPPI
for goods that enter into the United States for consumption or
warehousing, and then stored in a warehouse or storage facility or
admitted into a FTZ before being exported. The current FTR
30.3(b)(2)(iv) and (v) allow the customs broker to be the USPPI when
the customs broker or a foreign person is listed as the importer of
record, respectively. However, this may no longer be practical when
goods have been stored in warehouses, storage facilities, or FTZ for an
extended period of time after entry. In many cases, additional parties
other than the customs broker have knowledge and control of the goods
for weeks, months or years and possess the goods in warehouses, storage
facilities, or FTZs. Therefore, the Census Bureau is proposing the
warehouse, storage facility or FTZ be considered the USPPI in these
scenarios based on knowledge and control of the goods destined to be
exported. Additionally, when the customs broker is the USPPI, it must
obtain consent from its client to share information from the import
entry that supports the preparation and filing of the EEI in the AES.
The Census Bureau proposes to revise the conditional data element entry
number description to require the entry number when foreign origin
goods are entered into the United States for consumption or
warehousing, and then stored in a warehouse or storage facility or
admitted into a FTZ before being exported. The Census Bureau has
evaluated the entry number on the EEI, as suggested in a comment from
the trade community to the NPRM for the Country of Origin (COO) titled
Foreign Trade Regulations (FTR): New Filing Requirement and
Clarifications to Current Requirements (RIN: 0607-AA59), published
December 15, 2021 and has determined that the entry number will provide
the Census Bureau
[[Page 86763]]
with a linkage to the CBP entry data where the COO data can be obtained
to achieve its statistical purposes. The Census Bureau also proposes to
add one definition, remove one definition, and revise twelve other
definitions in order to ensure that any revisions made to the FTR will
allow for the continued collection of accurate trade statistics; revise
the mandatory EEI filing requirements for exports subject to the Drug
Enforcement Agency regulations; revise the list of information that a
USPPI and an authorized agent provide in a routed export transaction;
and clarify language regarding AES downtime, confidentiality,
penalties, and Voluntary Self-Disclosures; and proposes to make
grammatical and style changes in the FTR.
The Census Bureau is seeking public comments from data users,
businesses, and others to assess these proposed changes. Below are
considerations when providing feedback to this proposed rule; however,
any pertinent feedback not captured by these considerations is welcome.
1. Describe the potential value of clarifying who is the USPPI when
goods enter the United States for consumption or warehousing, and then
stored in a warehouse or storage facility or admitted into a FTZ before
being exported.
2. Describe the potential value to all other changes to the FTR.
3. How long would a company that utilizes or manages proprietary
software need to make programming changes to potentially adapt to the
changes in this proposed rule and interface to the AES?
4. Are there business practices that a company would need to
implement to come into compliance with the changes in this proposed
rule? If so, how long would a company need to implement new business
practices?
Finally, the U.S. Department of Homeland Security and the U.S.
Department of State concur with the revisions to the FTR as required by
13 U.S.C. 303, and Public Law 107-228, division B, title XIV, section
1404.
Program Requirements
To comply with the requirements of the Foreign Relations Act,
Public Law 107-228, the Census Bureau is amending relevant sections of
the FTR to revise or clarify export reporting requirements. Therefore,
the Census Bureau is correcting 15 CFR part 30 by making the following
correcting amendments:
Revise Sec. 30.1(c) by amending the definitions for
``Buyer'', ``End user'', ``Filer'', ``Foreign port of unlading ``,
``Foreign Principal Party in Interest (FPPI)'', ``Forwarding agent'',
``Intermediate consignee'', ``Order party'', ``Seller'', ``Shipment'',
``Ultimate consignee'', and ``U.S. Principal Party in Interest
(USPPI)''. Additionally, add the definition for ``Conveyance'' and
remove the definition for ``Consignee''.
Revise Sec. 30.2(a)(1)(iv)(D) by amending the Drug
Enforcement Agency's authorization to require EEI filing in the AES for
all licenses and permits under 12 CFR 1309.
Revise Sec. 30.2(d)(1) by amending the language to
clarify that EEI filing is excluded when goods are moving in-transit
through the United States, Puerto Rico, or the U.S. Virgin Islands from
one country or area to another where such goods do not enter the United
States for consumption or warehousing.
Revise Sec. 30.2(d)(4) by removing the reference to the
exemption Sec. 30.39 as the exclusion overrides the exemption.
Revise Sec. 30.3 by adding an introductory paragraph that
states international commercial terms, terms of sale, and industry or
other agreements do not determine the type of or parties to the export
transaction.
Revise Sec. 30.3(a) by replacing General requirements
with General filer requirements to include specific paragraphs
designated as (a)(1) that the filer is a USPPI or authorized agent,
(a)(2) that the filer must be located physically in the U.S. when
filing the EEI, and (a)(3) that the EEI must be filed completely,
accurately, and timely.
Revise Sec. 30.3(b)(2) by removing the foreign entity as
the USPPI because it has been added as a scenario in this section.
Revise Sec. 30.3(b)(2)(iv) by amending to combine the
existing language in Sec. 30.3(b)(2)(iv) and (v), add a time frame
from when the customs broker clears goods into the United States for
consumption or warehousing and clarify who is the USPPI in the
scenario; and by adding a Note that requires the customs broker to
obtain consent from its client when the information from the customs
entry is used to prepare and file the EEI.
Revise Sec. 30.3(b)(2)(v) to identify the USPPI as a
person who admits goods into a Foreign Trade Zone (FTZ) or the FTZ
operator as the USPPI.
Revise Sec. 30.3(b)(2)(vi) to add a USPPI scenario when
the foreign entity is in the United States when the goods are purchased
or obtained for export.
Revise Sec. 30.3(d)(4) by adding postdeparture, downtime
and exclusion to the list of citations.
Revise Sec. 30.3(e)(1) and Sec. 30.3(e)(2) by removing
the list and references to those list of data elements the USPPI
provides to the authorized agent to assist in the preparation and
filing of the EEI, and the list of data elements the authorized agent
must provide to the USPPI upon request, and replace with Appendix C.
Revise Sec. 30.4(b)(1) to remove references to the
downtime procedures;
Revise Sec. 30.4(b)(4) by amending to replace with the
existing language in Sec. 30.4(b)(5) regarding EEI filing time frames
for the export of used self-propelled vehicles;
Remove Sec. 30.4(b)(5);
Revise Sec. 30.4(c)(2) to replace the term ``Consignee''
with ``Ultimate consignee''.
Revise Sec. 30.4(f) by adding the downtime procedures.
Revise Sec. 30.6(a)(1) to remove examples of the USPPI
from the USPPI data element description, rename the ``Address of the
USPPI'' to ``Address of origin'', and revise the USPPI Address of
origin example.
Revise Sec. 30.6(a)(3) to provide examples of the
ultimate consignee based on knowledge at the time of export.
Revise Sec. 30.6(a)(4) by amending the U.S. state of
origin example.
Revise 30.6(a)(11) to refer to 30.1 for detailed
definitions of foreign and domestic goods.
Revise Sec. 30.6(b)(2) to clarify that the intermediate
consignee must physically take possession of the goods.
Revise Sec. 30.6(b)(4) to clarify that the Foreign Port
of Unlading is the location where the goods are removed from the
exporting conveyance.
Revise Sec. 30.6(b)(6) to provide a reference to section
758.1(g) of the Export Administration Regulations to clarify the Export
Control Classification Number reporting requirements.
Revise Sec. 30.6(b)(13) to clarify that the entry number
is required when the export meets the scenarios of 30.3(b)(2)(iv) and
(v) or the Domestic or foreign indicator is foreign, and the customs
broker has received consent from its client to report or provide the
entry number when goods were previously entered into the United States
for consumption or warehousing before being exported.
Revise Sec. 30.18(c) to remove the reference to the
Department of State website.
Revise Sec. 30.29(a)(1) and Sec. 30.29(a)(2) to add a
reference to Sec. 30.53 to clarify the import reporting requirements
for repairs.
Revise Sec. 30.60 (c)(1) to amend by combining the
existing language in (c)(1) and (c)(2) to clarify that the EEI may not
be used for tax purposes unless otherwise noted.
Revise Sec. 30.60(c)(2) to add language to prohibit the
use of EEI for export
[[Page 86764]]
marketing and promotion unless otherwise noted.
Revise 30.60(c)(4) to amend foreign entity to foreign
person.
Revise Sec. 30.71(a)(2) by amending the language to add
that deactivation of a filer's account may be a penalty if the filer
furthers illegal activity.
Revise Sec. 30.74(b)(4) and (d) to clarify that foreign
persons may not submit a Voluntary Self-Disclosure and to amend the
Census Bureau's actions when responding to a Voluntary Self-Disclosure.
Revise FTR Appendix B to Part 30--AES Filing Citation,
Exemption and Exclusion Legends to replace X. with Miscellaneous
Exclusion Statements and move Split Shipments to XI.
Add FTR Appendix C to Part 30--Required Data Elements--
Routed Export Transactions to include the data elements that the USPPI
and authorized agent are responsible for in a routed export
transaction.
Rulemaking Requirements
Regulatory Flexibility Act
The Chief Council for Regulation of the Department of Commerce has
certified to the Chief Counsel for Advocacy, Small Business
Administration (SBA) that this proposed rule will not have a
significant economic impact on a substantial number of small entities.
This action requires that USPPIs or authorized agents in the United
States file EEI in the AES for all shipments where an EEI record is
required under the FTR. The SBA's table of size standards indicates
that businesses that are the USPPI or authorized agent and file EEI are
considered small businesses if they employ less than 500 people. Based
on Exhibit 7a of A Profile of U.S. Importing and Exporting Companies,
2021-2022 the Census Bureau estimates that there are 271,391 USPPIs
that are considered small and medium sized exporters under the Small
Business Act definition, and more than 73 percent of these USPPIs use
an authorized agent to file EEI. An estimate of the number of
authorized agents is not known.
The majority of USPPIs and authorized agents require the use of a
computer to perform routine tasks, such as filing the EEI. These USPPIs
and authorized agents are unlikely to be significantly affected by
these new requirements, as they already possess the necessary
technology and equipment to submit the EEI. In addition, it is not
necessary for small businesses to purchase software for this task
because a free internet-based system is provided, AESDirect, especially
for small businesses to submit their export information electronically.
The proposed new requirements will have minimal impact on response
burden. For these reasons, the Census Bureau believes this rule will
not have a significant economic impact on all companies including a
substantial number of small entities.
Executive Orders
This proposed rule has been determined to not be significant for
purposes of Executive Order 12866. This proposed rule does not contain
policies with federalism implications sufficient to warrant preparation
of a federalism assessment under Executive Order 13132.
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 valid Office of Management and Budget (OMB)
control number.
This proposed rule covers collections of information subject to the
provisions of the PRA, which are cleared by OMB under OMB Control
Number 0607-0152--AES Program.
This proposed rule will not impact the current reporting-hour
burden requirements as approved under OMB Control Number 0607-0152
under provisions of the PRA. The proposed rule will not require any
revisions to the information sought under OMB Control Number 0607-0152.
Robert L. Santos, Director, Census Bureau, approved the publication
of this notification in the Federal Register.
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, the Census Bureau is
proposing to amend Title 15, CFR part 30, as follows:
PART 30--FOREIGN TRADE REGULATIONS
0
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 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; Pub. L. 107-228, 116
Stat. 1350.
0
2. Amend Sec. 30.1(c) by:
0
a. Revising the definitions for ``Buyer'', ``Commerce Control List
(CCL)'', ``Country of ultimate destination'', ``End user'', ``Filer'',
``Foreign port of unlading``, ``Foreign Principal Party in Interest
(FPPI)'', ``Forwarding agent'', ``Intermediate consignee'', ``Order
party'', ``Person'', ``Seller'', ``Shipment'', ``Shipping documents'',
``Ultimate consignee'', ``U.S. Principal Party in Interest (USPPI)'',
``Voluntary Self-Disclosure (VSD)'';
0
b. Removing the definition for ``Consignee''; and
0
c. Adding, in alphabetical order, the definition for ``Conveyance''.
The revisions and additions read as follows:
Sec. 30.1 Purpose and definitions.
* * * * *
(c) * * *
Buyer (purchaser). The person located abroad in the export
transaction that purchases the goods for delivery to the ultimate
consignee. The buyer (purchaser) and ultimate consignee may be the
same.
* * * * *
Commerce Control List (CCL). A list of items found in Supplement
No. 1 to Part 774 of the Export Administration Regulations (EAR).
Supplement No. 2 to Part 774 of the EAR contains the General Technology
and Software Notes relevant to entries contained in the CCL.
* * * * *
Conveyance. The actual aircraft, vessel, railcar, truck, and other
means of transport used to transport goods from one place to another.
See Sec. 30.6(a)(7).
* * * * *
Country of ultimate destination. The country where the goods are to
be consumed, further processed, stored, or manufactured, as known to
the USPPI at the time of export. (See Sec. 30.6(a)(5)).
* * * * *
End user. The person located abroad who receives and ultimately
uses the exported, reexported or transferred (in-country) items. The
end user is not an authorized agent or intermediary but may be the FPPI
or ultimate consignee.
* * * * *
Filer. The USPPI or an authorized agent who is responsible for
submitting the Electronic Export Information (EEI) in the Automated
Export System (AES).
* * * * *
Foreign port of unlading. The port in a foreign country where the
goods are removed from the exporting conveyance. The foreign port does
not have to be located in the country of destination. The foreign port
of
[[Page 86765]]
unlading shall be reported in terms of the Schedule K, ``Classification
of CBP Foreign Ports by Geographic Trade Area and Country.''
Foreign Principal Party in Interest (FPPI). The person located
abroad who purchases the goods for export or to whom final delivery of
the goods will be made. This party may be the ultimate consignee, buyer
(purchaser), or end user.
* * * * *
Forwarding agent. The person in the United States who is authorized
by the principal party in interest to facilitate the movement of the
cargo from the United States to the foreign destination.
* * * * *
Intermediate consignee. The person located abroad who acts as an
agent for the principal party in interest and takes possession of the
goods for the purpose of effecting delivery of goods to the ultimate
consignee. The intermediate consignee may be a forwarding agent or
other person who acts as an agent for a principal party in interest.
* * * * *
Order party. The person in the United States who conducts the
direct negotiations or correspondence with the buyer (purchaser) or
ultimate consignee and who, as a result of these negotiations, receives
the order from the FPPI. The order party may be the USPPI. See Sec.
30.3(b)(2)(iii) of the FTR.
* * * * *
Person. Any natural person, corporation, partnership, or other
legal entity of any kind, domestic or foreign.
* * * * *
Seller. A person in the transaction, usually the manufacturer,
producer, wholesaler, or distributor of the goods, that receives the
monetary benefit or other consideration for the exported goods.
* * * * *
Shipment. All goods being sent from one USPPI to one ultimate
consignee located in a single country of destination on a single
conveyance and departing from the United States on the same day. Except
as noted in Sec. 30.2(a)(1)(iv), the EEI shall be filed when the value
of the goods is over $2,500 per Schedule B or HTSUSA commodity
classification code.
* * * * *
Shipping documents. Documents that include but are not limited to
commercial invoices, export shipping instructions, packing lists, bills
of lading and air waybills.
* * * * *
Ultimate consignee. The person located abroad who receives the
export shipment. The ultimate consignee is not a forwarding agent or
other intermediary, but may be the FPPI, buyer (purchaser), or end
user.
* * * * *
U.S. principal party in interest (USPPI). The person in the United
States that receives the primary benefit, monetary or otherwise, from
the export transaction.
* * * * *
Voluntary Self-Disclosure (VSD). A narrative account with
supporting documentation that sufficiently describes suspected
violations of the FTR. A VSD reflects due diligence in detecting and
correcting potential violations when required information was not
reported or when incorrect information was provided that violates the
FTR.
* * * * *
0
3. Amend Sec. 30.2 by revising (a)(1)(iv)(D), (a)(2), (d)(1), and
(d)(4). The revisions read as follows:
(a) * * *
(1) * * *
(iv) * * *
(D) Requiring a Department of Justice, Drug Enforcement
Administration (DEA) export permit or declaration (21 CFR 1300 through
1399).
* * * * *
(2) Filing methods. The USPPI has four means for filing EEI: use
AESDirect; develop AES software using the AESTIR (see AESTIR
Introduction and Guidelines [verbar] U.S. Customs and Border Protection
(cbp.gov); purchase software developed by certified vendors using the
AESTIR; or use an authorized agent. An FPPI can only use an authorized
agent in a routed transaction.
* * * * *
(d) * * *
(1) Goods moving in-transit through the United States, Puerto Rico,
or the U.S. Virgin Islands from one foreign country or area to another
where such goods do not enter the into the United States for
consumption or warehousing.
* * * * *
(4) Goods shipped to Guantanamo Bay Naval Base in Cuba from the
United States, Puerto Rico, or the U.S. Virgin Islands and from
Guantanamo Bay Naval Base to the United States, Puerto Rico, or the
U.S. Virgin Islands.
* * * * *
0
4. Amend Sec. 30.3 by:
0
a. Adding an introductory paragraph to Sec. 30.3, and adding
paragraphs (a)(1) through (3), (b)(2)(vi) and a Note to (b)(2);
0
b. Revising the section heading for paragraph (a);
0
c. evising paragraphs (b)(1) and (2), (b)(2)(i), (ii), (iv) and (v),
(d)(4), (e)(1) and (2); and,
0
d. Removing (e)(1)(i) through (xii), removing the Note to paragraph
(e)(1), removing paragraphs (e)(2)(i) through (xv), and removing the
Note to paragraph (e)(2).
The revisions and additions read as follows:
Sec. 30.3 Electronic Export Information filer requirements, parties
to export transactions, and responsibilities of parties to export
transactions
All parties that participate in an export transaction subject to
the FTR must comply with the FTR. There are two types of export
transactions: standard and routed. International commercial terms,
terms of sale, and industry or other agreements do not determine the
type of or parties to the export transaction, as they have no
regulatory basis. A standard export transaction is a transaction in
which the USPPI facilitates the export of goods by arranging the
physical movement of the goods from the United States. A routed export
transaction is a transaction where the FPPI selects a U.S. forwarding
or other agent to facilitate the export of goods from the United
States, regardless of the terms of sale.
(a) General filer requirements. (1) The filer of EEI for export
transactions is either the USPPI or the authorized agent. If a foreign
entity is the USPPI, they are prohibited from filing the EEI and must
authorize an agent to file on their behalf.
(2) The filer shall maintain a physical office or residence in the
United States; be physically located in the United States at the time
of preparing and filing the EEI; and have an EIN or DUNS and be
certified to report in the AES. If the filer does not have an EIN or
DUNS, the filer must obtain an EIN from the Internal Revenue Service.
(3) All EEI submitted to the AES shall be complete, accurate and
timely. The filer is responsible for ensuring that the EEI is complete,
accurate, and timely, except insofar as that party can demonstrate that
it reasonably relied on information based on personal knowledge of the
facts and information furnished by other responsible persons
participating in the transaction. All parties involved in export
transactions, including authorized agents, should be aware that
invoices and other commercial documents may not necessarily contain all
the information needed to prepare and file the EEI.
(b) * * *
(1) Principal parties in interest. Those persons in a transaction
that receive the
[[Page 86766]]
primary benefit, monetary or otherwise, are considered principal
parties to the transaction. Generally, the principal parties in
interest in a transaction are the seller and buyer. In most cases, the
U.S. forwarding or other agent is not a principal party in interest.
(2) USPPI. For purposes of filing EEI, the USPPI is the person in
the United States that receives the primary benefit, monetary or
otherwise, from the transaction. Below are scenarios where the USPPI is
identified:
(i) If a U.S. manufacturer sells the goods for export directly to a
FPPI, the U.S. manufacturer shall be listed as the USPPI in the EEI.
(ii) If a U.S. manufacturer sells goods, as a domestic sale, to a
U.S. buyer (wholesaler/distributor) and that U.S. buyer sells the goods
for export to a FPPI, the U.S. buyer shall be listed as the USPPI in
the EEI.
* * * * *
(iv) If a customs broker or foreign person is listed as the
importer of record when entering goods into the United States, the
customs broker shall be listed as the USPPI in the EEI if the goods are
being exported without change or enhancement in thirty (30) calendar
days or less of import. After thirty (30) calendar days, the warehouse
or storage facility in possession and with knowledge and control of the
goods when the goods begin their journey to the port of export shall be
the USPPI.
Note to paragraph Sec. 30.3(b)(2)(iv) of this section: The U.S.
Customs and Border Protection regulations (19 CFR 111.24) state that
the import entry records pertaining to the business of the clients
serviced by the customs broker are to be considered confidential.
When the customs broker supports the preparation or filing of the
EEI with information from the import entry, the customs broker must
already have written authorization from the client to disclose
confidential information to third parties or obtain such
authorization in writing from the client.
(v) If a U.S. person admits goods into a Foreign Trade Zone (FTZ),
then the U.S. person shall be the USPPI if the goods are subsequently
exported without change or enhancement. If a foreign person admits
goods into an FTZ, then the FTZ operator shall be the USPPI if the
goods are subsequently exported without change or enhancement.
(vi) If the foreign entity is in the United States at the time the
goods are purchased or obtained for export, the foreign entity shall be
listed as the USPPI. The foreign entity is prohibited from filing the
EEI; therefore, they must authorize an agent to comply with the
provisions of the FTR.
* * * * *
(d) * * *
* * * * *
(4) Providing the exporting carrier with the proof of filing,
postdeparture, downtime, exclusion, or exemption citations in
accordance with provisions and requirements contained in this part.
* * * * *
(e) * * *
(1) USPPI responsibilities. In a routed export transaction, the
FPPI may authorize or agree to allow the USPPI to prepare and file the
EEI. If the FPPI agrees to allow the USPPI to file the EEI, the FPPI
must provide a written authorization to the USPPI assuming the
responsibility for filing. The USPPI may authorize an agent to file the
EEI on its behalf. If the USPPI or its agent prepares and files the
EEI, it shall retain documentation to support the EEI filed. If the
FPPI agrees to allow the USPPI to file EEI, the filing of the export
transaction shall be treated as a routed export transaction. If the
FPPI authorizes an agent to prepare and file the EEI, the USPPI shall
retain documentation to support the information provided to the agent
for preparing the EEI as specified in Sec. 30.10 and provide the agent
with complete, accurate and timely export information necessary to
prepare and file the EEI as set forth in Appendix C.
(2) Authorized agent responsibilities. In a routed export
transaction, if an authorized agent is preparing and filing the EEI on
behalf of the FPPI, the authorized agent must obtain a power of
attorney or written authorization from the FPPI and shall be
responsible for preparing and filing complete, accurate and timely EEI
based on information obtained from the USPPI or other parties involved
in the transaction. The authorized agent must file the EEI based on
export information exactly as provided by the USPPI as set forth in
Appendix C. The authorized agent shall retain documentation to support
the export information reported to the AES, as specified in Sec. 30.10
and upon request, provide the USPPI with a copy of the power of
attorney or written authorization from the FPPI and the data elements
filed that the USPPI provided as listed in Appendix C, along with the
authorized agent name, authorized agent contact information, date of
export and ITN.
* * * * *
0
5. Amend Sec. 30.4 by revising paragraphs (b)(1) and (4) and (c)(2);
removing paragraph (b)(5); and adding paragraph (f).
The revisions and additions read as follows:
Sec. 30.4 Electronic Export Information filing procedures, deadlines,
and certification statements.
* * * * *
(b) * * *
(1) For USML shipments, refer to the ITAR (22 CFR 123.22(b)(1)) for
specific requirements concerning predeparture filing time frames.
* * * * *
(4) For used self-propelled vehicles as defined in 19 CFR 192.1 of
U.S. Customs and Border Protection regulations, the USPPI or the
authorized agent shall file the EEI as required by Sec. 30.6 and
provide the filing citation to the CBP at least 72 hours prior to
export. The filer must also provide the carrier with the filing
citation as required by paragraph (b) of this section.
(c) * * *
(2) Pipeline Filing Procedures. USPPIs or authorized agents may
file data elements required by Sec. 30.6 no later than four (4)
calendar days following the end of the month. The operator of a
pipeline may transport goods to a foreign country without the prior
filing of the proof of filing citation, exemption, or exclusion legend,
on the condition that within four (4) calendar days following the end
of each calendar month the operator will deliver to the CBP Port
Director the proof of filing citation, exemption, or exclusion legend
covering all exports through the pipeline to each ultimate consignee
during the month.
* * * * *
(f) Downtime Procedures. The Downtime policy becomes effective when
the Census Bureau has officially notified filers electronically that
the AES and/or AESDirect are not operating and cannot generate ITNs.
(1) If the filer's transmission method to the AES (e.g., certified
software) is unavailable, the filer must delay the export of the goods
or find an available alternative filing method (e.g., AESDirect,
authorized agent).
(2) Except as noted in Sec. 30.4(f)(3), if AES and/or AESDirect is
unavailable, the goods may be exported and the filer must: (A) Provide
the appropriate downtime citation as described in Sec. 30.7(b) and
appendix B; and (B) Report the EEI at the first opportunity AES or
AESDirect is available.
(3) For export shipments noted in Sec. 30.2(a)(1)(iv), if a filer
is unable to acquire an ITN because the AES and/or AESDirect is not
operating, the filer shall not export until the AES is operating and an
ITN is acquired, and
[[Page 86767]]
the downtime filing citation shall not be used.
* * * * *
0
6. Amend Sec. 30.5 by revising paragraphs (c)(3)(i)(E) and (F), and
(d)(1) and (2). The revisions read as follows:
Sec. 30.5 Electronic Export Information filing processes and
standards.
* * * * *
(c) * * *
(3) * * *
(i) * * *
(E) The USPPI has failed to comply with existing export regulations
or has failed to pay any outstanding penalties assessed in connection
with such noncompliance;
(F) The USPPI would pose a significant threat to national security
interests such that its continued participation in postdeparture filing
should be terminated; or
* * * * *
(d) * * *
(1) AESDirect usernames and passwords are to be kept secure by the
account administrator and not disclosed to any unauthorized user or any
persons outside the registered company.
(2) Registered companies are responsible for those persons having a
username and password. If an employee with a username and password
leaves the company or otherwise is no longer an authorized user, the
company shall immediately deactivate that username in the system to
ensure the integrity and confidentiality of Title 13 data.
* * * * *
0
7. Amend Sec. 30.6 by revising (a)(1), (a)(1)(ii) and (iii), (a)(3)
and (4), (a)(11) and (13), and (b)(2), (4), (6), and (13) to read as
follows:
Sec. 30.6 Electronic Export Information data elements.
* * * * *
(a) * * *
(1) USPPI. The person in the United States that receives the
primary benefit, monetary or otherwise, from the export transaction.
See Sec. 30.3(b)(2) for scenarios identifying the USPPI. The name,
address of origin, identification number, and contact information of
the USPPI shall be reported to the AES as follows:
* * * * *
(ii) Address of origin. In all EEI filings, the USPPI shall report
the address of origin (no post office box number) from which the goods
actually begin the journey to the port of export even if the USPPI does
not own/lease the facility. For example, the EEI covering goods stored
in inventory at a warehouse in Georgia for transport to Florida for
loading onto a vessel for export to a foreign country shall show the
address of origin of the warehouse in Georgia. For shipments of multi-
addresses of origin, reported as a single shipment, report the address
of origin of the commodity with the greatest value. If such information
is not known, report the address of origin where the commodities are
consolidated for export.
(iii) USPPI identification number. Report the Employer
Identification Number (EIN) of the USPPI. If the USPPI has only one
EIN, report that EIN. If the USPPI has more than one EIN, report the
EIN that the USPPI uses to report employee wages and withholdings, and
not the EIN used to report only company earnings or receipts. Use of
another company's EIN is prohibited. If a USPPI reports a DUNS, the EIN
is also required to be reported. If a foreign entity is in the United
States at the time goods are purchased or obtained for export, the
foreign entity is the USPPI. In such situations, when the foreign
entity does not have an EIN, the authorized agent shall report a border
crossing number, passport number, or any number assigned by U.S.
Customs and Border Protection (CBP) on behalf of the foreign entity.
The appropriate Party ID Type code shall be reported to the AES.
* * * * *
(3) Ultimate consignee. The ultimate consignee is the person
located abroad as known at the time of export who receives the export
shipment. The name and address of the ultimate consignee, whether by
sale in the United States or abroad or by consignment, shall be
reported in the EEI. For example, when there is knowledge of an end
user's name, address and when the end user will receive the goods, the
end user is the ultimate consignee. When the foreign buyer is a
reseller/distributor and the end user's name and address is unknown or
there is no knowledge when the end user will receive the goods from the
foreign buyer, e.g., the goods are stored in inventory, the foreign
buyer is the ultimate consignee. For goods sold en route, report the
appropriate ``To be Sold En Route'' indicator in the EEI, and report
corrected information as soon as it is known (see Sec. 30.9 for
procedures on correcting AES information).
(4) U.S. state of origin. The U.S. state of origin is the 2-
character postal code for the state in which the goods begin their
journey to the port of export. For example, the EEI covering goods
stored in inventory at a warehouse in Georgia for transport to Florida
for loading onto a vessel for export to a foreign country shall show
Georgia as the state of origin. For shipments of multi-state origin,
reported as a single shipment, report the U.S. state of the commodity
with the greatest value. If such information is not known, report the
state in which the commodities are consolidated for export.
* * * * *
(11) Domestic or foreign indicator. Indicates if the goods exported
are of domestic or foreign origin. Report foreign goods as a separate
line item from domestic goods even if the commodity classification
number is the same. See 30.1(c) for definitions of domestic and foreign
goods.
* * * * *
(13) Commodity description. Report the description of the goods
shipped in English in sufficient detail to permit verification of the
Schedule B or HTSUSA number. Clearly and fully state the name of the
commodity in terms that can be identified or associated with the
language used in Schedule B or HTSUSA (usually the commercial name of
the commodity), and any characteristics of the commodity that
distinguish it from commodities of the same name covered by other
Schedule B or HTSUSA classifications. If the shipment requires a
license, the description reported in the EEI shall conform with that
shown on the license. If the shipment is eligible for a license
exception or exemption, the description shall be sufficient to ensure
compliance with that license exception or exemption. However, where the
description on the license does not state all of the characteristics of
the commodity that are needed to completely verify the commodity
classification number, as described in this paragraph, report the
missing characteristics, as well as the description shown on the
license, in the commodity description field of the EEI.
* * * * *
(b) * * *
(2) Intermediate consignee. The name and address of the
intermediate consignee (if any) shall be reported. The intermediate
consignee is located abroad and acts as an agent for the principal
party in interest or the ultimate consignee and takes possession of the
goods for the purpose of effecting delivery of goods to the ultimate
consignee. The intermediate consignee may be a forwarding agent or
other person abroad who acts as an agent for a principal party in
interest.
* * * * *
(4) Foreign port of unlading. The foreign port of unlading is the
foreign
[[Page 86768]]
port in the country where the goods are removed from the exporting
conveyance. The foreign port does not have to be located in the country
of destination. For exports by sea to foreign countries, not including
Puerto Rico, the foreign port of unlading is the code in terms of
Schedule K, Classification of Foreign Ports by Geographic Trade Area
and Country. For exports by sea or air between the United States and
Puerto Rico, the foreign port of unlading is the code in terms of
Schedule D, Classification of CBP Districts and Ports. The foreign port
of unlading is not required for exports by other modes of
transportation, including rail, truck, mail, fixed (pipeline), or air
(unless between the U.S. and Puerto Rico).
* * * * *
(6) Export Control Classification Number (ECCN). The number used to
identify items on the CCL, Supplement No. 1 to Part 774 of the EAR. The
ECCN consists of a set of digits and a letter. Items that are not
classified under an ECCN are designated ``EAR99''. See Sec. 758.1(g)
of the EAR for ECCN reporting requirements.
* * * * *
(13) Entry number. The entry number must be reported when the
export meets the scenarios of 30.3(b)(2)(iv) and (v) or the Domestic or
foreign indicator is foreign when goods of foreign origin enter the
United States for consumption or warehousing, and then stored in a
warehouse or storage facility or admitted into a FTZ before being
exported. For goods that are exported from a FTZ where inbond types 67
(FTZ withdrawal for immediate exportation) and 68 (FTZ withdrawal for
transportation and exportation) are selected, the entry number to be
reported is the two-position year and control number derived from the
Zone Admission Number documented on the 214/e214 associated with the
withdrawal. For example, if the Zone Admission Number associated with
the withdrawal is 0987654AB 22 12345678, then the entry number to be
reported is 2212345678. If more than one Zone Admission Number is
associated with the export, then report the entry number based off the
Zone Admission Number with the greatest value. For all other scenarios
where goods are exported after entering the United States for
consumption, or warehousing (entry types 36 [warehouse withdrawal for
immediate exportation] and 37 [warehouse withdrawal for transportation
and exportation]), the 11-position entry number as identified on the
CBP-7501 shall be reported. When the importer of record on the import
entry is the customs broker or foreign person, the customs broker shall
provide the entry number to assist in the preparation of the EEI (See
15 CFR 30.3(b)(2) and the Note to paragraph Sec. 30.3(b)(2)(iv)).
* * * * *
0
8. Amend Sec. 30.8 by revising the introductory text.
The revision reads as follows:
Sec. 30.8 Time and place for presenting proof of filing citations
and exemption legends.
The following conditions govern the time and place to present the
proof of filing, postdeparture, downtime, exclusion, or exemption
citations. The USPPI or the authorized agent is required to deliver the
proof of filing, postdeparture, downtime, exclusion, or exemption
citations required in Sec. 30.7 to the exporting carrier. See Appendix
B of this part for the properly formatted proof of filing,
postdeparture, downtime, exclusion, or exemption citations. Failure of
the USPPI or authorized agent to comply with these requirements
constitutes a violation of the regulations in this part and renders
such principal party or the authorized agent subject to the penalties
provided for in Subpart H of this part.
* * * * *
0
9. Amend Sec. 30.10 by revising paragraph (a) and adding a Note to
paragraph (a).
The revision and addition read as follows:
Sec. 30.10 Retention of export information and the authority to
require production of documents.
(a) Retention of export information. All parties to the export
transaction (USPPIs, FPPIs, authorized agents, and/or owners and
operators of export carriers) shall retain documents pertaining to the
export shipment for five years from the date of export. If the
Department of State or other regulatory agency has recordkeeping
requirements for exports that exceed the retention period specified in
this part, then those requirements prevail. The USPPI or the authorized
agent may request a copy of the electronic record or submission from
the Census Bureau as provided for in Subpart G of this part. The Census
Bureau's retention and maintenance of AES records does not relieve
filers from requirements in Sec. 30.10.
Note to paragraph (a) of this section: As set forth in
30.60(c)(4), the USPPI, the authorized agent, or a representative of
the USPPI shall not disclose the EEI for nonofficial purposes to a
foreign person or foreign government, including the foreign entity
as the USPPI or the FPPI. For items in this section a foreign entity
as the USPPI and the FPPI shall retain documents pertaining to the
export shipment as a party to the export transaction; however, the
EEI shall not be disclosed for ``nonofficial purposes,'' either in
whole or in part.
* * * * *
0
10. Amend Sec. 30.17 by revising the introductory text.
The revision reads as follows:
Sec. 30.17 Customs and Border Protection regulations.
Refer to the DHS's CBP regulations, 19 CFR part 192, for
information referencing the advanced electronic submission of cargo
information on exports for screening and targeting purposes pursuant to
the Trade Act of 2002. The regulations also prohibit postdeparture
filing of export information for certain shipments and contain other
regulatory provisions affecting the reporting of EEI.
Sec. 30.18(c) [Removed]
0
11. Remove Sec. 30.18(c).
0
12. Amend Sec. 30.26 by revising paragraph (b).
The revision reads as follows:
Sec. 30.26 Reporting of vessels, aircraft, cargo vans, and other
carriers and containers.
* * * * *
(b) The country of destination to be shown in the EEI for vessels
exported for sale is the country of new ownership. The country for
which the vessel clears, or the country of registry of the vessel,
should not be reported as the country of destination in the EEI unless
such country is the country of new ownership.
* * * * *
0
13. Amend Sec. 30.29 by revising paragraphs (a)(1) and (2).
The revisions read as follows:
* * * * *
(a) * * *
(1) The return of goods not licensed by a U.S. Government agency
and not subject to the ITAR, temporarily imported for repair and
alteration, and declared as such on importation as described in Sec.
30.53 shall have Schedule B number 9801.10.0000. The value shall only
include parts and labor. The value of the original product shall not be
included. If the value of the parts and labor is over $2,500, then EEI
must be filed.
(2) The return of goods licensed by a U.S. Government agency or
subject to the ITAR, temporarily imported for repair or alteration, and
declared as such on importation as described in Sec. 30.53 shall have
Schedule B number 9801.10.0000. In the value field, report
[[Page 86769]]
the value of the parts and labor. In the license value field, report
the value designated on the export license that corresponds to the
commodity being exported if required by the licensing agency. EEI must
be filed regardless of value.
* * * * *
0
14. Amend Sec. 30.37 by revising paragraph (a).
The revision reads as follows:
* * * * *
(a) Exports of commodities where the value of the commodities
shipped from one USPPI to one ultimate consignee on a single exporting
conveyance, classified under an individual Schedule B number or HTSUSA
commodity classification code is $2,500 or less. This exemption applies
to individual Schedule B numbers or HTSUSA commodity classification
codes regardless of the total shipment value. In instances where a
shipment contains a mixture of individual Schedule B numbers or HTSUSA
commodity classification codes valued at $2,500 or less and individual
Schedule B numbers or HTSUSA commodity classification codes valued over
$2,500, only those Schedule B numbers or HTSUSA commodity
classification codes valued over $2,500 are required to be reported. If
the filer reports multiple items of the same Schedule B number or
HTSUSA commodity classification code, this exemption only applies if
the total value of exports for the Schedule B number or HTSUSA
commodity classification code is $2,500 or less. Items of domestic and
foreign origin under the same commodity classification number must be
reported separately and EEI filing is required when either is over
$2,500. For the reporting of household goods see Sec. 30.38.
* * * * *
0
15. Amend Sec. 30.39 by revising the introductory text.
The revision reads as follows:
Sec. 30.39 Special exemptions for shipments to the U.S. Armed
Services.
Except as noted in Sec. 30.2(a)(1)(iv), filing of EEI is not
required for any commodities, whether shipped commercially or through
government channels, consigned to the U.S. Armed Services for their
exclusive use, including shipments to armed services exchange systems.
This exemption does not apply to articles that are on the USML and thus
controlled by the ITAR and/or shipments that are not consigned to the
U.S. Armed Services, regardless of whether they may be for their
ultimate and exclusive use.
* * * * *
0
16. Amend Sec. 30.51 by revising the introductory text.
The revision reads as follows:
Sec. 30.51 Statistical information required for import entries.
The information required for statistical purposes is, in most
cases, also required by CBP regulations for other purposes. Refer to
the CBP website at cbp.gov to download ``Instructions for Preparation
of CBP-7501,'' for completing the paper entry summary documentation
(CBP-7501). Refer to the Customs and Trade Automated Interface
Requirements for instructions on submitting an Automated Commercial
Environment (ACE) Automated Broker Interface (ABI) electronic record,
or instructions for completing CBP-226 for declaring any equipment,
repair parts, materials purchased, or expense for repairs incurred
outside of the United States.
0
17. Amend Sec. 30.52 by revising the introductory text.
The revision reads as follows:
Sec. 30.52 Foreign Trade Zones (FTZ).
When goods are withdrawn from a FTZ for export to a foreign
country, the export shall be reported in accordance with Sec. 30.2.
Foreign goods admitted into FTZs shall be reported as a general import.
Statistical requirements for zone admissions are provided to the Census
Bureau via CBP's ABI electronic 214 (e214) program or the CBP Form 214A
Application for Foreign Trade Zone Admission and/or Status Designation.
Refer to the CBP website at cbp.gov to download the ``Foreign Trade
Zone Manual'' that includes the CBP Form 214--Application for FTZ
Admission (Appendix A) and Instructions for filling out the 214
(Appendix B). When goods are withdrawn for domestic consumption or
entry into a bonded warehouse, the withdrawal shall be reported on CBP
7501 or through the ABI in accordance with CBP regulations. The
instructions and definitions for completing the e214 are provided in 19
CFR 146. The following data items are required to be filed on the 214A,
for statistical purposes:
* * * * *
0
18. Amend Sec. 30.60 by revising paragraphs (b)(1)(vii), and (c)(1),
(2), and (4).
The revisions read as follows:
* * * * *
(b) * * *
(1) * * *
(vii) Analyzing the impact of proposed and implemented trade
agreements and fulfilling U.S. obligations under such agreements; and
* * * * *
(c) * * *
(1) Any purpose related to the collection of domestic or foreign
taxes, or other fees, except as related to paragraph (b)(1)(vi) of this
section.
(2) For export promotion or similar types of marketing operations.
This limitation does not preclude the use of the information to monitor
compliance with agricultural marketing orders and export quality
compliance programs.
* * * * *
(4) To foreign persons or foreign governments for any purpose,
including the foreign entity as the USPPI or the FPPI.
* * * * *
0
19. Amend Sec. 30.61 by revising the introductory text, and paragraphs
(a) and (b).
The revisions read as follows:
Sec. 30.61 Statistical classification schedules.
The following statistical classification schedules are referenced
in this part. These schedules may be accessed through the Census
Bureau's website at http://www.census.gov/trade.
(a) Schedule B--Statistical Classification for Domestic and Foreign
Commodities Exported from the United States shows the detailed
commodity classification requirements and 10-digit statistical
reporting numbers to be used in preparing EEI, as required by these
regulations.
(b) Harmonized Tariff Schedule of the United States shows the 10-
digit statistical reporting number to be used in preparing import
entries and withdrawal forms.
* * * * *
0
20. Amend Sec. 30.71 by revising paragraph (a)(2). The revision reads
as follows:
Sec. 30.71 False or fraudulent reporting on or misuse of the
Automated Export System.
(a) * * *
(2) Furtherance of illegal activities. Any person, including
USPPIs, authorized agents or carriers, who knowingly reports, directly
or indirectly, to the U.S. Government any information through or
otherwise uses the AES to further any illegal activity shall be subject
to account deactivation, a fine not to exceed $10,000, imprisonment for
not more than five years, or any or all of these penalties, for each
violation.
* * * * *
0
21. Amend Sec. 30.74 by revising paragraphs (b)(4) and (d). The
revisions read as follows:
(b) * * *
(4) Any person, including USPPIs, authorized agents, or carriers,
will not
[[Page 86770]]
be deemed to have made a voluntary self-disclosure under this section
unless the individual making the disclosure did so with the full
knowledge and authorization of senior management. The Census Bureau
will not accept a voluntary self-disclosure from a FPPI or legal
counsel or other party representing a FPPI.
* * * * *
(d) Action by the Census Bureau. After the Census Bureau has been
provided with the required narrative, it may promptly notify CBP, ICE,
and BIS's Office of Export Enforcement (OEE) of the voluntary
disclosure, acknowledge the disclosure by letter, provide the person
making the disclosure with a point of contact, and take whatever
additional action, including further investigation, it deems
appropriate. As quickly as the facts and circumstances of a given case
permit, the Census Bureau may take any of the following actions: (1)
Inform the person or company making the voluntary self-disclosure of
the action to be taken. (2) Issue a letter in response to the voluntary
self-disclosure. (3) Refer the matter, if necessary, to the OEE for the
appropriate action.
0
22. Amend appendix B to part 30 by revising the entries for ``X.
Miscellaneous Exclusion Statements'' and ``XI. Split Shipments''. The
revisions read as follows:
Appendix B to Part 30--AES Filing Citation, Exemption and Exclusion
Legends
* * * * *
------------------------------------------------------------------------
------------------------------------------------------------------------
X. Miscellaneous Exclusion Statements are found NOEEI Sec. 30.2(d)
in 15 CFR part 30 subpart A Sec. 30.2(d). (site corresponding
number).
XI. Split Shipments Split Shipments should be AES ITN SS.
referenced as such on the manifest in Example: AES
accordance with provisions contained in Sec. X20170101987654 SS.
30.28, Split Shipments. The notation should be
easily identifiable on the manifest. It is
preferable to include a reference to a split
shipment in the exemption statements cited in
the example, the notation SS should be included
at the end of the appropriate exemption
statement.
------------------------------------------------------------------------
0
23. Add Appendix C to part 30 to include the data elements that the
USPPI and authorized agent are responsible for in a routed export
transaction.
Appendix C to Part 30--Required Data Elements--Routed Export
Transactions
------------------------------------------------------------------------
Data elements provided by the USPPI Data elements provided by the
30.3(e)(1) authorized agent 30.3(e)(2)
------------------------------------------------------------------------
(A) Name, address of origin, contact (A) Date of export
name and contact phone of the USPPI [30.6(a)(2)].
[30.6(a)(1)].
(B) USPPI identification number (B) Ultimate consignee
[30.6(a)(1)]. [30.6(a)(3)].
(C) U.S. State of origin [30.6(a)(4)].. (C) Ultimate consignee type
[30.6(a)(28)].
(D) Domestic or foreign indicator (D) Country of ultimate
[30.6(a)(11)]. destination [30.6(a)(5)].
(E) Commodity classification number (E) Method of transportation
[30.6(a)(12)]. [30.6(a)(6)].
(F) Commodity description [30.6(a)(13)] (F) Conveyance name/carrier
name [30.6(a)(7)].
(G) Primary unit of measure (G) Carrier identification
[30.6(a)(14)]. [30.6(a)(8)].
(H) Primary quantity [30.6(a)(15)]..... (H) Port of export
[30.6(a)(9)].
(I) Value [30.6(a)(17)]................ (I) Related party indicator
[30.6(a)(10)].
(J) Export information code (J) Shipping weight
[30.6(a)(18)]. [30.6(a)(16)].
(K) Hazardous material indicator (K) Shipment Reference Number
[30.6(a)(21)]. [30.6(a)(19)].
(L) Inbond code [30.6(a)(22)].......... (L) License code/license
exemption code [30.6(a)(23)].
(M) License code/license exemption code (M) Routed export transaction
[30.6(a)(23)]. indicator [30.6(a)(24)].
(N) FTZ identifier, if applicable. (N) Filing option indicator
[30.6(b)(3)]. [30.6(a)(27)].
(O) Export license number/CFR citation/ (O) Authorized agent and
KPC number, if applicable. authorized agent
[30.6(b)(5)]. identification [30.6(b)(1)].
(P) Export Control Classification (P) Intermediate consignee, if
Number (ECCN), if applicable. applicable. [30.6(b)(2)].
[30.6(b)(6)].
(Q) Secondary units of measure, if (Q) Foreign port of unlading,
applicable. [30.6(b)(7)]. if applicable. [30.6(b)(4)].
(R) Secondary quantity, if applicable. (R) Export license number/CFR
[30.6(b)(8)]. citation/KPC number, if
applicable. [30.6(b)(5)].
(S) Vehicle Identification Number (VIN)/ (S) Transportation Reference
Product ID, if applicable. Number, if applicable.
[30.6(b)(9)]. [30.6(b)(14)].
(T) Vehicle ID qualifier, if (T) License value, if
applicable. [30.6(b)(10)]. applicable. [30.6(b)(15)].
(U) Vehicle title number, if
applicable. [30.6(b)(11)].
(V) Vehicle title state code, if
applicable. [30.6(b)(12)].
(W) Entry number, if applicable.
[30.6(b)(13)].
(X) License value, if applicable.
[30.6(b)(15)].
(Y) Kimberley Process Certificate (KPC)
number, if applicable. [30.6(b)(17)].
------------------------------------------------------------------------
Note to Appendix C: For the License code/license exemption
code, Export license number/CFR citation/KPC number, Export Control
Classification Number (ECCN), and License value where the FPPI has
assumed responsibility for determining and obtaining license
authority see requirements set forth in 15 CFR 758.3 of the EAR.
When accessing routed export transactions reported on the EEI in
AES, the USPPI will be limited to only viewing in an AES report in
ACE the data elements in Appendix C, Date of export, Filer ID, the
ITN, and any approved system generated data elements.
* * * * *
Dated: October 17, 2024.
Shannon Wink,
Program Analyst, Policy Coordination Office, U.S. Census Bureau.
[FR Doc. 2024-24482 Filed 10-30-24; 8:45 am]
BILLING CODE 3510-07-P