Background

The Census Bureau is amending its regulations to reflect effective from Nov. 8 new export reporting requirements related to the State Department’s Directorate of Defense Trade Controls Category XXI Determination Number.

Specifically, Census is adding a conditional data element – DDTC Category XXI Determination Number – when “21” is selected in the DDTC USML Category Code field in the Automated Export System to represent United States Munitions List Category XXI. This unique number is issued by DDTC to a member of the regulated community (usually the original equipment manufacturer) in conjunction with a notification that a specific commodity is described in Category XXI. It will only be required when citing Category XXI as an export classification and will be used to confirm that an authoritative Category XXI determination is being referenced to do so.

In addition, Census is making remedial changes to the Foreign Trade Regulations to update International Traffic in Arms Regulations references in existing data elements: DDTC Significant Military Equipment Indicator and DDTC Eligible Party Certification Indicator.

U.S. Customs and Border Protection indicates that the Electronic Data Interface was updated Aug. 10 to accept the new data element and return the new response message. The response message will be informational for at least 90 days. After 90 days, when the final rule becomes effective, Census in cooperation with DDTC and CBP will determine a date when the response message will be changed to a fatal error.

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