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Census Bureau Issues Final Rule with Mandatory Automated Export System Filing Requirements

Thursday, March 14, 2013

Census Bureau Issues Final Rule with Mandatory Automated Export System Filing Requirements

The U.S. Census Bureau has issued a final rule requiring mandatory filing of export information through the Automated Export System, or through the AESDirect for all shipments of used self-propelled vehicles and temporary exports. In addition to adopting new export reporting requirements and modifying the post-departure filing program, the Census Bureau is making remedial changes to the Foreign Trade Regulations to improve clarity and correct errors. The final rule is effective Jan. 8, 2014, except for certain sections containing information collection requirements that have not yet been approved by the Office of Management and Budget.

The AES is the primary instrument used for collecting export trade data, which is used by the Census Bureau for statistical purposes only. Through the AES the Census Bureau collects Electronic Export Information, the electronic equivalent of the export data formerly collected on the shipper’s export declaration. The EEI consists of data elements set forth at 15 CFR 30.6 for an export shipment and includes such information as the exporter’s personal identifying information (name, address and identification number) and detailed information concerning the exported product. Other U.S. federal agencies use the EEI for export control purposes to detect and prevent the export of certain items by unauthorized parties or to unauthorized destinations or end users.

Among other things, the Census Bureau decided to eliminate from the final rule a provision included in its original Jan. 21, 2011, proposal that would have required exporters to report the country of origin because of the significant cost and burden the trade community would have incurred as a result of that requirement. Census has also agreed to, among other things, keep the equipment number, the seal number and the transportation reference number as optional reporting fields; clarify that the Shipment Reference Number cannot be reused; remove the requirement to report the address of the license applicant; revise the split shipment definition to remove the burden of having to file for multiple shipments that have been split by the carrier and are departing from the same port within 24 hours of each other; include “other/unknown” as reporting options for the ultimate consignee type; clarify the carrier responsibilities in an export transaction; clarify that manifest amendments must be made in accordance with CBP regulations; eliminate the requirement to report the end user; and continue the moratorium on accepting new applications for post-departure filing pending the development of a program to collect advanced export information that will continue to facilitate trade and address national security concerns.

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