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Census' Regulatory Agenda Mentions Final Rule for New AES Filing Requirement

The Commerce Department’s fall 2022 regulatory agenda for the Census Bureau, released this week, mentions a final rule that would add a new “country of origin” data element in the Automated Export System. Census proposed the new element last year, which could require U.S. exporters of foreign-produced goods to declare the country of origin for their item through the “conditional” data element in AES (see 2112140033). Census said it hopes to publish the new requirement, if it's finalized, in June. The final rule also “would make remedial changes to the [Foreign Trade Regulations] to improve clarity and to correct errors,” Census said.

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A Census spokesperson said the June date referenced in the agenda is an "estimate" and stressed that the agency hasn't yet made a final decision on whether to impose the requirement. "Census is still reviewing the comments received and having internal discussion in order to make a final decision on whether to add the new field," the spokesperson said Jan. 5. "We are weighing the statistical need of the data and the overall impact this change will have on the trade. We will provide an update once a decision is made." The agency received pushback from trade groups last year, which said the rule could be burdensome and lead to costly compliance challenges (see 2201040044 and 2203160026).