Census' Proposed Rule to Modify AES (Part V - Postdeparture List, Filing Procedures)

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 the addition/modification of conditional data elements in the AES. 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 V of a multipart series of summaries of the Census proposed rule, and highlights the changes Census is proposing to 15 CFR 30.4 regarding EEI filing procedures, deadlines, and certification statements.

Census proposes the following additions, revisions, and clarifications to15 CFR 30.4:

Postdeparture EEI Would Have to Be Filed in 5 Days, Limited to Approved Commodities, Etc.

As detailed in a previous BP summary, 15 CFR 30.4(c) on EEI transmitted postdeparture would be amended to change the time-frame for postdeparture EEI filing for approved USPPIs from ten to five calendar days from the date of exportation. This paragraph would also be revised to state that only approved commodities could be filed postdeparture and that the list of approved commodities would be available at http://www.census.gov/aes. Finally, it would be revised to state that approved commodities may be exported with the appropriate postdeparture filing citation.

Approved Commodities Would Include Certain Agricultural and Bulk Items

The list, which is now available here, contains certain agricultural and bulk items under the following ranges of Schedule B headings:

0601-0604 (bulbs, cut flowers, etc.)

0701-0710 (potatoes, lettuce, carrots, etc.)

0801-0812 (bananas, grapes, apples, etc.)

1001-1008 (rye, oats, corn, rice, etc.)

1101-1109 (wheat, cereal flours, malt, etc.)

1201-1214 (soybeans, sunflower seeds, cereal straw, etc.)

2301-2309 (bran, oil-cake, preparations used in animal feed, etc.)

2501-2530 (salt, quartz, dolomite, etc.)

2601-2621 (iron ores, tin ores, titanium ores, etc.)

2701-2715 (coal briquettes, pitch and pitch coke, etc.)

4401-4407 (fuel wood, chipped wood)

4707 (recovered paper and paperboard)

(See Part I of ITT's series of summaries on the proposed rule for related requirements, including the need for approved USPPIs to re-apply for postdeparture filing privileges, that they may be denied if they don’t meet certain requirements, etc.)

Need for Predeparture Filing for Certain Shipments/Countries Would be Clarified

The proposed rule would expand 15 CFR 30.4(a)(6) (on situations requiring EEI predeparture filing) to state that shipments where complete outbound manifests are required prior to clearing vessels going directly to the countries identified in U.S. Customs and Border Protection (CBP) regulations 19 CFR 4.75(c) and aircraft going directly or indirectly to those countries must be filed predeparture.

(19 CFR 4.75(c) lists 22 countries (including China, Viet Nam, Hungary, Iraq, etc.) and is somewhat dated as included in the list o 22 are also the Soviet Union, East Germany, etc.

15 CFR 30.4(a)(6) currently states that shipments to countries where complete outbound manifests are required prior to clearing vessels or aircraft for export (see U.S. Customs and Border Protection regulations 19 CFR 4.75(c) and 122.74(b)(2) for a listing of these countries).

For U.S.-PR Shipments, Citation Would be Needed Before Arrival at Unloading Port

The proposed rule would revise and add language to 15 CFR 30.4(b) (on filing deadlines for EEI transmitted predeparture) to state that the filing timeframes for shipments between the U.S. and Puerto Rico would not apply. New language would be added to state that for shipments between the U.S. and Puerto Rico, the AES proof of filing citation, postdeparture filing citation, or exemption citation would have to presented to the carrier by the time the shipment arrives at the port of unloading.

EEI for Used Self-Propelled Vehicles Would Be Filed 72 Hours Prior to Export

For used self-propelled vehicles, the proposed rule would add a new paragraph to 15 CFR 30.4(b) on filing deadlines for EEI transmitted predeparture to state that for used, self-propelled vehicles as defined in 19 CFR 192.1, the USPPI or the authorized agent would have to file the EEI as required by 15 CFR 30.6 and provide the filing citation to the exporting carrier at least 72 hours prior to export.

(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.)

Would Remove Reference to Exclusion Legend as No Longer Required

The proposed rule would remove a reference to an exclusion legend under 15 CFR 30.4(d) (on proof of filing citation and exemption and exclusion legends) as USPPIs and authorized agents are no longer required to place an exclusion legend on the bill of lading, air waybill, export shipping instructions, or other commercial loading documents.

(See proposed rule for a minor amendment to 15 CFR 30.4(b)(1) to provide the correct citation in the International Traffic in Arms Regulations (ITAR) for filing timeframes for USML shipments.)

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.

(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, 01/24/11, 01/25/11 and 01/26/11 news, 11012130, 11012433, 10012524 and 11012636, for previous parts of BP’s summary of the proposed rule, including: Part I (post-departure filing), Part II (definitions), Part III (general EEI filing requirements), and Part IV (EEI parties, routed transactions).

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

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