NOTICES PUBLISHED IN THE FEDERAL REGISTER DURING 2005
DEPARTMENT OF COMMERCE, BUREAU OF THE CENSUS
FOREIGN TRADE STATISTICS REGULATIONS
(15 CFR Part 30)
NOTE: CHANGES TO THE FOREIGN TRADE STATISTICS REGULATIONS LISTED BELOW ARE NUMBERED CONSECUTIVELY, BEGINNING IN JANUARY OF THE NEW YEAR.
- Foreign Trade Regulations: Mandatory Automated Export System Filing for All Shipments Requiring Shipper’s Export Declaration Information; Proposed Rule (70 FR 8200 on February 17, 2005)
Commentary: The U.S. Census Bureau (Census Bureau) has published a proposed rule with a request for comments amending the Foreign Trade Statistics Regulations (FTSR) to implement provisions in the Foreign Relations Authorization Act. Specifically, the Census Bureau proposed to require mandatory filing of export information through the Automated Export System (AES) or through the AESDirect for all shipments where a Shipper’s Export Declaration (SED) is currently required. In addition to requiring mandatory AES filing, the proposed rule makes other changes to the FTSR.
The Census Bureau proposes amending the FTSR to include the following changes, among others:
Rename the FTSR to “Part 30–Foreign Trade Regulations” (FTR).
Require AES as the only mode for filing information currently required by the SED.
In Section 30.2, list types of export transactions outside the scope of 15 CFR Part 30 and thus the FTR.
In Section 30.2(a)(2), include language specifying the four optional means for filing EEI of which two methods require the development of AES software using the Automated Export System Trade Interface Requirements (AESTIR).
In Section 30.3, include language specifying that in “routed” transactions, the U.S. principal party in interest (USPPI) will compile and transmit export information on behalf of the foreign principal party in interest (FPPI) when authorized by the FPPI.
In Section 30.5, revise the post departure (formerly Option 4) approval procedures.
In Section 30.4(b)(1) and Sec. 30.4(b)(3) specify how to file EEI and acquire an ITN when AES, AESDirect or the participant’s AES is unavailable for filing.
In Section 30.6, add language specifying the specific procedure for reporting the value of goods to the AES when inland freight and insurance charges are not known at the time of exportation.
In Section 30.6, add requirements for transmitting a Routed Transaction Indicator and a Vehicle Identification Qualifier to the list of data elements required to be reported to the AES.
Remove requirements for the Date of Arrival and the Waiver of Prior Notice Indicator from the list of data elements required to be reported to the AES.
In Section 30.29, revise the language that describes the proper manner for reporting cost of repairs and/or alterations to goods, and the reporting of the value of replacement parts exported.
Reference in subpart E carrier and manifest issues pertaining to provisions relevant to 15 CFR Part 30. Carrier and manifest issues are consolidated in subpart E.
Reference in subpart F reporting requirements for import shipments relevant to 15 CFR part 30, including requirements for the electronic filing of statistical data for shipments imported into Foreign Trade Zones (FTZs).
Create a new subpart H to cover FTR penalty provisions formerly addressed in Section 30.95 of the FTSR. New penalty provisions referenced in subpart H of this part describe the increase in penalties imposed for violations from $100 to $1,000 per each day of delinquency, to a maximum from $1,000 to $10,000 per violation. In addition, the penalty provisions provide for situations when the filer knowingly fails to file, files false and/or misleading information and other violations of the FTR where a civil penalty shall not exceed $10,000 per violation and a criminal penalty shall not exceed $10,000 or imprisonment for not more than five (5) years, or both, per violation. Finally, subpart H provides for the enforcement of these penalty provisions by the Bureau of Industry and Security’s Office of Export Enforcement (OEE) and the Department of Homeland Security’s CBP, Immigration and Customs Enforcement (ICE).
