Census' Proposed Rule to Modify AES (Part IX - Manifests, Citations, Etc.)

Census is also proposing to require mandatory filing of export information through the Automated Export System or through AESDirect for temporary exports, all shipments of used self-propelled vehicles, 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 IX, the last part of a multipart series of summaries of the Census proposed rule, and highlights the changes Census is proposing to 15 CFR 30.45-74 and Appendices B through F, on the filing of manifests, citations, etc.

Aircraft Manifests Would be Filed at Port of Exit, Not Where Goods are Laden

The proposed rule would revise paragraph (2) of 15 CFR 30.45(a), on requirements for the filing of aircraft manifests to require that this manifest be filed with the CBP Port Director at the port of exit rather than the port where the goods are laden.

Proof of Filing Citation/Exemption Legends Must be Presented Prior to Departure

The proposed rule would revise 15 CFR 30.45(a)(4), on carriers not required to file complete manifests, to state that proof of filing citation or exemption legends for each shipment must be presented to CBP Port Director prior to departure.

15 CFR 30.45(a)(4) would be revised to state as follows (proposed deletions struck, proposed additions underlined):

"Carriers allowed to file incompleteexempted from filing manifests under applicable CBP regulations are required, upon request, to present to CBP Port Director, the proof of filing citation or exemption and exclusion legends for each shipment, prior to departure of the vessel, aircraft, train, truck, or other means of conveyance."

Split Shipments Would be Divided by the Carrier

The proposed rule would revise 15 CFR 30.45(c), on split shipments, to clarify that the manifest filing requirement would pertain to all modes of transportation and that a split shipment must be divided by the carrier.

(See ITT's Online Archives or 02/03/11 news, 11020339, for BP summary of Part VII of Census' proposed rule on split shipments, etc.)

Manifest Info Would be Required on Commercial Loading Docs, Not Just BoLs

The proposed rule would revise 15 CFR 30.45(d), on the attachment of commercial documents, to indicate that information required by the manifest for cargo covered by that document, is required on the face of each commercial loading document, instead of its current requirement to be "on the face of each bill of lading."

Carriers Under Bond Would Have 4 Calendar Days to File Complete Manifest, Etc.

The proposed rule would revise 15 CFR 30.47(a), on clearance or departure of carriers under bond on incomplete manifests, to indicate that a carrier (other than those transporting goods between the U.S. and Puerto Rico) has up to four calendar days, and not four business days as is currently in place, after clearance or departure of the carrier to file a complete manifest and all required filing citations and/or exemption legends.

Rail Carriers to Canada Under Bond Would Have 4 Calendar Days to File Complete Manifest, Etc.

The proposed rule would revise 15 CFR 30.47(a)(2), on the bond conditions for rail carriers to Canada, to indicate that the complete manifest and all filing citations and/or exemption legends should be filed with CBP no later than the fourth calendar day after departure, rather than the fifteenth business day as is currently in place.

Upon Request, Carriers Under Bond Would Present List of Citations, Etc.

Census states that the proposed rule would revise 15 CFR 30.47(a)(3) to clarify that a list of filing citations and/or exemption legends must be presented, upon request, to a CBP Export Control Officer at the port of exit prior to departure, for carriers under bond on an incomplete manifest.

Statistical Data Items Required for FTZs Would be Modified

Census states that the proposed rule would revise 15 CFR 30.52, (Foreign Trade Zones) to clarify the statistical filing requirements for Foreign Trade Zone shipments via CBP's Automated Broker Interface (ABI) new electronic 214 (e214)¹ program or the paper CBP Form 214A Application for Foreign Trade Zone Admissions and/or Status Designation.

The proposed rule would revise 15 CFR 30.52 to state that the instructions and definitions for completing the e214 are provided in 19 CFR 146 and that the data items required to be filed on 214A, for statistical purposes, are:

(a) Zone Number and Location (Address); (b) Port Code; (c) Importing Vessel and Flag/Other Carrier; (d) Export Date; (e) Import Date; (f) Zone Admission Number; (g) U.S. Port of Unlading; (h) In-bond Carrier; (i) Foreign Port of Lading; (j) Bill of Lading/AWB Number; (k) Number of Packages & Country of Origin; (l) Description of Merchandise; (m) HTSUSA Number; (n) Quantity (HTSUSA); (o) Gross Weight; (p) Separate Value and Aggregate Charges; and (q) Status Designation.

Civil Penalties for Failure to File and Late Files Would be Amended

Census states that the proposed rule would revise 15 CFR 30.71(b) to indicate that the civil penalties imposed for late filings and failures to file AES records are different. The proposed rule would add paragraph (2) to 15 CFR 30.71(b) to state that for late filings, the penalty will not exceed $1,100 per day of delinquency, and no more than $10,000 per violation.

The proposed rule also revises paragraph (1) of 15 CFR 30.71(b) to only pertain to failures to file, as follows:

"(1) Failure to file violations. A failure to file violation occurs if the government discovers that there is no AES record for an export transaction by the applicable period prescribed in 30.4 of this part. Any AES record filed later than ten (10) calendar days after the due date will also be considered a failure to file regardless of whether the violation was or was not discovered by the government. A civil penalty not to exceed $10,000 may be imposed for a failure to file violation."

Corrective Measures Taken, ITNs Would be Submitted in Voluntary Self-Disclosures

The proposed rule would add new (vi) and (vii) to 15 CFR 30.74(c)(3) on narrative accounts, to indicate that when submitting a voluntary self-disclosure, the person must indicate (vi) the corrective measures taken to avoid the violation in the future and (vii) the ITNs of the missed and/or corrected shipments.

Appendices on AES, EEI Exemptions, FTR, FTSR, Etc. Would be Revised

To reflect all proposed changes to the Foreign Trade Relations discussed in this proposed rule, Census proposes to revise Appendix B (AES Codes); Appendix C (Summary of Exemptions and Exclusions from EEI Filing); Appendix D (AES Filing Citation and Exemption Legends); Appendix E (Foreign Trade Relations and Foreign Trade Statistics Regulations); and Appendix F (FTR to FTSR Concordance).

¹The proposed rule would remove the Automated Foreign Trade Zone Reporting Program (AFTZRP) from paragraph (5) of 15 CFR 30.50(b) to be replaced with the Electronic CBP Form 214 Admissions (e214) as part of the general requirements for filing import entries.

(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, 01/26/11, 01/27/11, 02/02/11, 02/03/11, and 02/07/11 news, 11012130, 11012433, 10012524, 11012636, 11012717, 11020209, 11020339, and 11020731, 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), Part IV (EEI parties, routed transactions, Part V (Postdeparture List, Filing Procedures), Part VI (EEI Data Elements), Part VII (Splits, Rejects, Penalties, Etc), and Part VIII (EEI Exemptions, Limited Reporting).

See ITT's Online Archives or 01/24/11 news, 11012423, for BP summary of the Census Bureau's proposed changes to AES Information collection.)

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

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