Census' Proposed Rule to Modify AES (Part III - General EEI Filing Requirements)

Census is also proposing to require mandatory filing of export information through the Automated Export System or through AESDirect for all shipments of used self-propelled vehicles, temporary exports, and household goods.

Other significant changes are being proposed, including revised EEI filing requirements, new and revised exclusions from EEI filing requirements, clarification of AES downtime procedures, etc. The proposed rule would also make remedial changes to the FTR to improve clarity and to correct errors.

Comments on Census’ proposed rule are due by March 22, 2011.

This is Part III of a multipart series of summaries of the Census proposed rule, and highlights the changes Census is proposing to the general requirements for filing Electronic Export Information (EEI), including filing exclusions, in 15 CFR 30.2. See future issues for additional summaries.

EEI Filing Proposed for Used Self-Propelled Vehicles, Most Household Goods

Census is proposing to amend 15 CFR 30.2(a)(1)(iv), the regulation which lists the types of export shipments for which EEI must be filed, regardless of value, and notwithstanding the miscellaneous exemptions in 15 CFR Part 30, Subpart D², by:

Used self-propelled vehicles. Adding new paragraph (H) that would read as follows:

(H) Used self-propelled vehicles as defined in 19 CFR 192.1 of U.S. Customs and Border Protection regulations.

(19 CFR 192.1 defines self-propelled vehicles as including any automobile, truck, tractor, bus, motorcycle, motor home, self-propelled agricultural machinery, self-propelled construction equipment, self-propelled special use equipment, and any other self-propelled vehicle used or designed for running on land but not on rail.)

(Census is also proposing to amend 15 CFR 30.4(b) to require the filing of EEI for used self-propelled vehicles at least 72 hours prior to export.)

Household goods. Adding new paragraph (I) that would read as follows:

(I) Household goods, unless a shipment is consigned to U.S. government agencies and employees for their exclusive use.

These new EEI filing requirements would, according to Census, require these used self-propelled vehicles and certain household goods to be filed in AES¹ regardless of value or country of destination.

EEI Filing Exemption Proposed for Country Group E:1 if EAR Filing Exemption

Census is proposing to amend 15 CFR 30.2(a)(1)(iv)(E), one of the types of transactions for which EEI must be filed, regardless of value, and notwithstanding the exemptions in 15 CFR Part 30, Subpart D, to include a limited exemption for shipments to Country Group E:1 based on 15 CFR 734 and 740, as follows (proposed addition is underlined):

(E) Destined for a country listed in Country Group E:1 as set forth in Supplement 1 to 15 CFR 740, unless the shipment is exempt from filing requirements by 15 CFR 734 or 740.

(Country Group E:1 is for terrorist-supporting countries and currently lists Cuba, Iran, North Korea, Sudan, and Syria.

15 CFR 734 and 740 are part of the Export Administration Regulations (EAR). 15 CFR 734 covers the scope of the EAR and 15 CFR 740 covers License Exceptions.)

EEI Filing Exclusion Proposed for Certain U.S. Government Licensed Goods Etc.

Census is proposing to amend the list of transactions that are outside the scope of 15 CFR Part 30 and are excluded from EEI filing in 15 CFR 30.2(d) by adding a new exclusion (paragraph (5)) that would read as follows:

(5) Goods licensed by a U.S. federal government agency where the country of ultimate destination is the U.S. or goods destined to international waters where the person(s) or entity assuming control of the item is a citizen or permanent resident alien of the U.S. or a juridical entity organized under the laws of the U.S. or a jurisdiction within the U.S.

Clarification Proposed that No EEI Filing Exclusion for PR, Virgin Islands

Census is proposing to amend the list of transactions that are outside the scope of 15 CFR Part 30 and are excluded from EEI filing in 15 CFR 30.2(d) by amending the existing exemption (2) for goods shipped from U.S. territories and between the U.S. and those territories to read as follows (proposed addition is underlined):

(2) Except Puerto Rico and the U.S. Virgin Islands, goods shipped from the U.S. territories and goods shipped between the U.S. and these territories do not require EEI filing. However, goods transiting U.S. territories to foreign destinations require EEI filing.

Exclusion Legends Would Not be Required on B/L, AWB, Etc.

Census is proposing to amend the introductory text to the list of transactions that are outside the scope of 15 CFR Part 30 and are excluded from filing EEI in 15 CFR 30.2(d) to read as follows (proposed addition is underlined):

The following types of transactions are outside the scope of this part and shall be excluded from EEI filing. Notation on the bill of lading, air waybill, export shipping instructions or other commercial loading documents is not required.

Clarification that AES Downtime Procedures Only When Government AES, AESDirect are Unavailable

Census is proposing to revise the description of AES downtime procedures in 15 CFR 30.2(b)(3) to reflect that AES downtime procedures are for processing export transactions when the government’s AES or AESDirect are unavailable for transmission.)

(This means that AES downtime procedures would not be able to be used when the computer system of an AES participant is unavailable for transmission.)

Website for AESTIR Corrected

Census is proposing to amend the list of four means for filing EEI in 15 CFR 30.2(a)(2) to correct the Web site for the Automated Export System Trade Interface Requirements (AESTIR) document. The correct AESTIR Web site is http://www.customs.gov/xp/cgov/trade/automated/aes/tech_docs/

See Future Issues of ITT for Additional Aspects of Proposed Rule

See future issues of ITT for summaries on additional aspects of Census’ proposed rule.

¹or AESDirect

²15 CFR Part 30, Subpart D consists of 15 CFR 30.35-30.44. Examples of the types of exemptions contained in Subpart D are an exemption for certain shipments destined to Canada, miscellaneous exemptions, exemptions for shipments to U.S. Armed Services, etc.)

(See ITT’s Online Archives or 01/20/11 news, 11012033, for BP summary announcing availability of Census’ proposed rule.

See ITT’s Online Archives or 01/21/11 news, 11012130, for Part I (Post-departure filing) of BP’s multi-part series of summaries of Census’ proposed rule. See ITT’s Online Archives or 01/24/11 news, 11012433, for Part II (definitions).)

Census contact -- William Bostic (301) 763-8842

(Census proposed rule, FR Pub 01/21/11, D/N 100318153-0154-01)

Census proposed rule available here.