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Foreign Trade Regulations Revised to Reflect New Export Reporting Requirements

Wednesday, April 19, 2017
Sandler, Travis & Rosenberg Trade Report

The Census Bureau has issued a final rule that, effective July 18, will amend the Foreign Trade Regulations to reflect new export reporting requirements related to the implementation of the International Trade Data System. These changes also include the addition of a new data element in the Automated Export System and amendments to provide clarity on existing reporting requirements.

           

Reporting. This rule requires U.S. principal parties in interest or authorized agents in the U.S. to file export information to AES for all shipments where an electronic export information record is required under the FTR.

New Data Element. The original internal transaction number field is being added in AES. This optional data element may be utilized if a previously filed shipment is replaced or divided and a new EEI record must be filed. Adding this field will assist the export trade community and enforcement agencies in identifying that a filer completed the mandatory filing requirements for the original shipment and any additional shipment(s).

In light of numerous concerns from the trade community, Census has decided not to require reporting of the used electronics indicator. The UEI was intended to improve the availability and quality of information on the trade and handling of used electronics to ensure compliance with Executive Order 13693, which aims to employ environmentally sound practices with respect to federal agency disposal of all excess or surplus electronic products to reduce the likelihood of negative impacts to health and the environment in developing countries.

Split Shipments. Census is incorporating into the FTR the revised timeframes for split shipments that were addressed in FTR Letter #6. Census is also clarifying that succeeding parts of a split shipment that are exported within the specified time frames do not require an additional EEI record.

Other Changes. In response to comments on its proposed rule, Census is making the following changes.

- revising the definition of “carrier” to reference non-vessel-operating common carriers because the AES Trade Interface Requirements allow the standard carrier alpha code of an NVOCC to be reported

- requiring the filer name, in addition to the date of export and ITN, to be provided to the U.S. principal party in interest upon request in a routed transaction (Census will issue a separate proposed rule on possibly requiring the filer address, filer ID, and shipment reference number to be provided as well)

- clarifying that the license value is only required for shipments licensed by a U.S. government agency (not those exported under a license exemption)

- removing appendices B, C, E, and F, which are no longer necessary because they were created to assist with a transition from the Foreign Trade Statistics Regulations to the FTR that took place in 2008

- adding a definition for “U.S. Postal Service customs declaration form” to identify the shipment document used for exports by mail

- revising the definition of “commercial loading document” to include the USPS customs declaration form as an example

- revising the rule to more accurately reflect USPS operations

- changing the phrase “filing citation or exemption legend” to “proof of filing citation, postdeparture filing citation, AES downtime filing citation, exemption or exclusion legend”

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