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Census Finalizes Rule Reinstating Export Filing Exemptions for Temporary Exports and TIBs

Friday, May 15, 2015
Sandler, Travis & Rosenberg Trade Report

The Census Bureau has finalized without change a September 2014 rule amending the Foreign Trade Regulations to reinstate export filing exemptions for temporary exports, which includes carnets, and goods previously imported under a temporary import bond and exported in the same condition. Under this rule, electronic export information for such shipments no longer needs to be filed in the Automated Export System. However, Census has said that it and U.S. Customs and Border Protection will review these exemptions in partnership with the trade community and may publish a proposed rule to address temporary exports, carnets and TIBs in the future.

Census states that a March 2013 final rule removed these filing exemptions but that both the Treasury Department and members of the trade community raised concerns that mandatory AES filing for carnets may be contrary to the Customs Convention on ATA Carnets for the Temporary Admission of Goods and could potentially lead other nations to implement additional filing requirements for carnets. The trade community added that for goods moving on a foreign carnet it is unclear who would file the required documentation, making it extremely difficult to comply with the Foreign Trade Regulations.

In light of these concerns, this rule reinstates the filing exemptions for the following.

- temporary exports, except those that require licensing, whether shipped or hand carried (e.g., carnet), that are exported from and returned to the U.S. in less than one year from the date of export

- goods previously imported under a TIB for return in the same condition as when imported, including goods for testing, experimentation or demonstration; goods imported for exhibition; samples and models imported for review or for taking orders; goods imported for participation in races or contests and animals imported for breeding or exhibition; and goods imported for use by representatives of foreign governments or international organizations or by members of the armed forces of a foreign country

Goods that were imported under bond for processing and reexportation are not covered by this exemption.

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