Details of Census' Proposed Rule to Implement Mandatory AES Filing for All Exports that Require SED Information (Part X)
The U.S. Census Bureau (Census) has issued a proposed rule to amend the Foreign Trade Statistics Regulations (FTSR, 15 CFR Part 30)1 in order to require mandatory filing of export information through the Automated Export System (AES) or AESDirect for all shipments where a Shipper's Export Declaration (SED) is currently required, etc.
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(AES is the electronic method for filing the paper SED information directly with U.S. Customs and Border Protection (CBP) and Census. AESDirect is the Census' free Internet-based system for filing SED information with AES.)
This is Part X of a multi-part series of summaries and highlights Census' proposed regulations in 15 CFR 30.45 -30.49 (Subpart E). See future issues of ITT for additional parts.
Subpart E Would Contain General Carrier and Manifest Requirements
Proposed Subpart E (15 CFR 30.45 through 30.49) would provide general carrier and manifest requirements, as follows:
Requirements for carrier manifests, etc. Proposed 15 CFR 30.45 is entitled "General statement of requirement for the filing of carrier manifests with proof of filing citations for the electronic submission of export information or exemption legends when Automated Export System (AES) filing is not required." This section would state that carriers transporting goods from the U.S., Puerto Rico, or U.S. Possessions to foreign countries; from the U.S. or Puerto Rico to the U.S. Virgin Islands; or between the U.S. and Puerto Rico; would not be granted clearance and would not be allowed to depart until complete manifests (for vessel, aircraft, and rail carriers) have been delivered to the CBP Port Director in accordance with all applicable requirements under CBP regulations.
Each bill of lading, air waybill, or other commercial loading document would contain the appropriate AES proof of filing citations, covering all cargo for which Electronic Export Information (EEI) is required, or exemption legends, covering cargo for which EEI need not be filed by the regulations of 15 CFR Part 30. Such annotation would be without material change or amendments of AES proof of filing citations of exemption legends as provided to the carrier by the U.S. Principal Party in Interest (USPPI) or its authorized agent.
Proposed 15 CFR 30.45(a) would also set forth the requirements for filing carrier manifests with respect to vessels (including vessels taking bunker fuel to be laden aboard vessels on the high seas and coal and fuel oil), aircraft, and rail carriers. This proposed section also provides guidance for those carriers not required to file manifests and sets forth penalties for failure to file a manifest as required.
Proposed 15 CFR 30.45 would also cover partially exported shipments, "split shipments" by air, attachment of commercial documents, exempt items, and guidelines with respect to proof of filing citations and exemption legends. (See proposed 15 CFR 30.45 for complete details of these provisions.)
Requirements for pipeline carriers. Proposed 15 CFR 30.46 would lay out requirements for the filing of export information by pipeline carriers. Under the proposed regulations, goods may be transported to a foreign country via pipeline without prior filing of the proof of filing citation or exemption legend assuming certain proof of filing citations are provided within a specified time period.
Clearance or departure of carriers under bond on incomplete manifests. Proposed 15 CFR 30.47(a) would provide that except when carriers are transporting goods from the U.S. to Puerto Rico, clearance or permission to depart may be granted to any carrier by the CBP Port Director prior to the filing of a complete manifest, to the extent authorized, per the bond provisions contained in 19 CFR 4.75, 4.76, and 122.74.
In addition, proposed 15 CFR 30.47(b) would state that except as provided in 19 CFR 4.75, 4.76, and 122.74 as applicable, on the bond, or on a separate listing as part of the bond, a pro forma list of AES proof of filing citations and exemption legends would be shown by the departing carrier. This listing may be waived by the CBP Port Director if such waiver does not interfere with the ability of the CBP Port Director to check on performance under the bond or with identifying shipments for which statistical data are required.
to implement provisions in the Foreign Relations Authorization Act, Public Law (P.L.) 107-228
(See ITT's Online Archives or 10/29/03 news, 03102910, for BP summary of the Census' advance notice of proposed rulemaking on these issues. See ITT's Online Archives or 02/18/05, 02/24/05, 03/02/05, 03/03/05, 03/04/05, 03/09/05, 03/10/05, 03/15/05, and 03/18/05 news, 05021810, 05022430, 05030215, 05030325, 05030415, 05030915, 05031025, 05031535, and 05031815, for Part I - IX of BP's series of summaries on the proposed rule.)
- written comments due by 04/18/05
Census contact - C. Harvey Monk, Jr. (301) 763-2255
Census proposed rule (FR Pub 02/17/05, D/N 031009254-4355-02) available at
http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-2926.pdf