Notice2022-25316
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Automated Export System Program
Primary source
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Published
November 21, 2022
Issuing agencies
Commerce DepartmentCensus Bureau
Abstract
The Department of Commerce, in accordance with the Paperwork Reduction Act (PRA) of 1995, invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment on the proposed revision to the Automated Export System Program prior to the submission of the information collection request (ICR) to OMB for approval.
Full Text
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<title>Federal Register, Volume 87 Issue 223 (Monday, November 21, 2022)</title>
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[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Notices]
[Pages 70777-70779]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25316]
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DEPARTMENT OF COMMERCE
Census Bureau
Agency Information Collection Activities; Submission to the
Office of Management and Budget (OMB) for Review and Approval; Comment
Request; Automated Export System Program
AGENCY: Census Bureau, Commerce.
ACTION: Notice of information collection, request for comment.
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SUMMARY: The Department of Commerce, in accordance with the Paperwork
Reduction Act (PRA) of 1995, invites the general public and other
Federal agencies to comment on proposed, and continuing information
collections, which helps us assess the impact of our information
collection requirements and minimize the public's reporting burden. The
purpose of this notice is to allow for 60 days of public comment on the
proposed revision to the Automated Export System Program prior to the
submission of the information collection request (ICR) to OMB for
approval.
DATES: To ensure consideration, comments regarding this proposed
information collection must be received on or before January 20, 2023.
ADDRESSES: Interested persons are invited to submit written comments by
email to <a href="/cdn-cgi/l/email-protection#75211d1a1814065b3f5b26181c011d3516101b0600065b121a03"><span class="__cf_email__" data-cfemail="5d093532303c2e7317730e303429351d3e38332e282e733a322b">[email protected]</span></a>. Please reference Automated Export
System Program in the subject line of your comments. You may also
submit comments, identified by Docket Number USBC-2022-0023, to the
Federal e-Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. All comments
received are part of the public record. No comments will be posted to
<a href="https://www.regulations.gov">https://www.regulations.gov</a> for public viewing until after the comment
period has closed. Comments will generally be posted without change.
All Personally Identifiable Information (for example, name and address)
voluntarily submitted by the commenter may be publicly accessible. Do
not submit Confidential Business Information or otherwise sensitive or
protected information. You may submit attachments to electronic
comments in Microsoft Word, Excel, or Adobe PDF file formats.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
specific questions related to collection activities should be directed
to Kiesha Downs, Chief, Trade Regulations Branch, U.S. Census Bureau,
4600 Silver Hill Road, Washington, DC 20233-6700, (301) 763-7079, or by
email <a href="/cdn-cgi/l/email-protection#91faf8f4e2f9f0bff5fee6ffe2d1f2f4ffe2e4e2bff6fee7"><span class="__cf_email__" data-cfemail="cea5a7abbda6afe0aaa1b9a0bd8eadaba0bdbbbde0a9a1b8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Abstract
Title 13, United States Code (U.S.C.), Chapter 9, Section 301
authorizes the U.S. Census Bureau (Census Bureau) to collect, compile
and publish trade data. Title 15, Code of Federal Regulations (CFR),
Part 30, known as the Foreign Trade Regulations (FTR), contains the
regulatory provisions for preparing and filing Electronic Export
Information (EEI) in the Automated Export System (AES). The Census
Bureau uses the AES or successor system as the instrument for
collecting export trade data from parties exporting commodities from
the United States. In addition to the collection of data, the Census
Bureau compiles these export data from the AES. These data, along with
import data function as the basis for the official U.S. trade
statistics. The Census Bureau publishes import and export statistics
that are used to determine the balance of international trade and are
designated for use as a principal economic indicator. The Census Bureau
releases these statistics monthly according to the U.S. International
Trade in Goods and Services Press Release Schedule.
These data are used in the development of U.S. government economic
and foreign trade policies, including export control purposes under
Title 50, U.S.C. The Bureau of Industry and Security, U.S. Customs and
Border
[[Page 70778]]
Protection (CBP), and other enforcement agencies use these data to
detect and prevent the export of certain items by unauthorized parties
to unauthorized destinations or end users. The published export data
enables U.S. businesses to develop practical marketing strategies as
well as provide a means to assess the impact of exports on the domestic
economy.
Recently, the Census Bureau published a Notice of Proposed
Rulemaking (NPRM) on December 15, 2021. The NPRM proposed to add a
conditional data element, country of origin, in the AES. In addition to
the new reporting requirement, the Census Bureau is making remedial
changes to the FTR to improve clarity of the reporting requirements and
to correct errors. It is critical for the Census Bureau to ensure that
any revisions made to the FTR will allow for the continued collection
and compilation of complete, accurate and timely trade statistics. This
proposed rule would require an exporter to report the country of origin
only when foreign origin goods are exported.
II. Method of Collection
Automated Export System
Except as noted in Title 15 CFR, Part 30, Section 30.2(a)(1)(iv),
EEI is required for all export shipments of goods valued over $2,500
per Schedule B or Harmonized Tariff Schedule of the United States
commodity classification number from the United States, including
Foreign Trade Zones located therein, Puerto Rico, and the U.S. Virgin
Islands to foreign countries; for exports between the United States and
Puerto Rico; and for exports to the U.S. Virgin Islands from the United
States or Puerto Rico. The AES program is unique among Census Bureau
statistical collections since it is not sent to respondents to solicit
responses, as is the case with surveys. Filing EEI via the AES is a
mandatory process under the statutory authority of Title 13 U.S.C.,
Chapter 9, Section 301. The statutory requirement is implemented by
Title 15, CFR, Part 30, also referred to as the FTR. The export trade
community can access the AES via a free internet-based system, called
AESDirect, or they can use software that connects directly with the
Automated Commercial Environment (ACE). In most instances, the United
States Principal Party in Interest or authorized agent must file EEI
via the AES and annotate the commercial loading documents with the
proof of filing citation prior to the export of a shipment. For
scenarios where the EEI filing is not required, the proper exemption or
exclusion legend must be noted on the commercial loading documents per
Section 30.7 of the FTR.
For exports to Canada, a Memorandum of Understanding (MOU) signed
by CBP, Canada Border Services Agency, Statistics Canada, and the
Census Bureau enables the United States to substitute Canadian import
statistics for U.S. export statistics. Similarly, in accordance with
the MOU, Canada substitutes U.S. import statistics for Canadian exports
to the United States. This exchange of data eliminates the requirement
for the export trade community to file the EEI with the U.S. Government
for the majority of export shipments to Canada, thus resulting in the
elimination of over eight million EEI records filed in the AES
annually. EEI must be filed through the AES for export shipments to
Canada that require mandatory EEI filing under Title 15 CFR, Part 30,
Section 30.2(a)(1)(iv). In addition, export shipments from the United
States through Canada destined to a country other than Canada require
EEI filing in the AES.
The AES enables the U.S. Government to significantly improve the
quality, timeliness, and coverage of export statistics. Since July
1995, the Census Bureau and the CBP have utilized the AES to improve
the reporting of export trade information, customer service, increase
compliance with and enforcement of export laws, and to provide
paperless reports of export information. The AES also enables the U.S.
Government to increase its ability to prevent the export of certain
items by unauthorized parties to unauthorized destinations and end
users through electronic filing.
In addition to the AES, CBP continues to explore the ability to
receive advance export manifest data, which may improve the accuracy of
transportation data elements in the EEI filing and reduce updates to
shipment information. CBP has extended and renewed its tests of the ACE
Export Manifest for air, rail, and ocean cargo. These tests assess the
electronic export manifest message specifications from the pilot
participants to the ACE. These pilots are focused on CBP receiving
electronic data and returning specific status messages back to the
pilot participants. Since August 2021, the Census Bureau has been
evaluating the collection of data from the electronic export rail
manifest for goods moving from Port Huron, MI and departing on one rail
carrier. The evaluation has proven that transportation data provided by
the carrier is more accurate than transportation data estimated by the
U.S. Principal Party in Interest and authorized agent. The Census
Bureau's evaluation of the data quality from the electronic export rail
manifest included the data elements: method of transportation, date of
export, port of export, carrier identification and carrier name and
foreign port of unlading.
Steel Mill Statistics
Since 1999, the Department of Commerce (DOC) has been approved to
release data on imports of steel mill products in advance of the
regular monthly trade statistics release. The International Trade
Administration relies heavily on the preliminary import statistics of
steel mill products provided by the Census Bureau in an effort to
monitor steel imports so that industry can identify trends and
potential shifts in trade patterns so that appropriate action can be
taken. With the revision to the AES Program in 2019, the Census Bureau
eliminated the need for a separate annual approval from OMB for the
early release of preliminary steel mill import statistics since it is
included in this clearance.
The FTR, subpart F addresses the general requirements for filing
import entries with CBP in the ACE in accordance with 19 CFR, which is
the source of the import data on steel mill products.
III. Data
OMB Control Number: 0607-0152.
Form Number(s): Automated Export System.
Type of Review: Regular submission, Request for a Revision of a
Currently Approved Collection.
Affected Public: Exporters, Forwarding agents, Export Carriers.
Estimated Number of Respondents: 277,489.
Estimated Time Per Response: 3 minutes per AES submission.
Estimated Total Annual Burden Hours: 851,261.
Estimated Total Annual Cost to Public: $18,727,742.
Respondent's Obligation: Mandatory.
Legal Authority: Title 13 United States Code, Chapter 9, Section
301.
IV. Request for Comments
We are soliciting public comments to permit the Department/Bureau
to: (a) Evaluate whether the proposed information collection is
necessary for the proper functions of the Department, including whether
the information will have practical utility; (b) Evaluate the accuracy
of our estimate of the time and cost burden for this proposed
collection, including the validity of the methodology and assumptions
used; (c) Evaluate ways to enhance the quality,
[[Page 70779]]
utility, and clarity of the information to be collected; and (d)
Minimize the reporting burden on those who are to respond, including
the use of automated collection techniques or other forms of
information technology.
Comments that you submit in response to this notice are a matter of
public record. We will include, or summarize, each comment in our
request to OMB to approve this ICR. Before including your address,
phone number, email address, or other personal identifying information
in your comment, you should be aware that your entire comment--
including your personal identifying information--may be made publicly
available at any time. While you may ask us in your comment to withhold
your personal identifying information from public review, we cannot
guarantee that we will be able to do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of the Chief Information
Officer, Commerce Department.
[FR Doc. 2022-25316 Filed 11-18-22; 8:45 am]
BILLING CODE 3510-07-P
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