Rule2025-15493
Foreign Trade Regulations (FTR): Clarification of Filing Requirements Regarding In-Transit Shipments and Other FTR Provisions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 14, 2025
Effective
September 15, 2025
Issuing agencies
Commerce Department
Abstract
The Bureau of the Census (Census Bureau) issues this final rule to clarify its regulations governing in-transit shipments from foreign countries through the United States that are subsequently exported to a foreign destination. Specifically, the final rule addresses the identification of the U.S. Principal Party in Interest (USPPI) in scenarios where goods are entered into the United States for consumption or warehousing and subsequently stored in a warehouse or storage facility, admitted into a Foreign Trade Zone (FTZ), or entered into a bonded warehouse before being exported. The rule establishes clear guidelines for different parties involved in export transactions. For customs brokers serving as the USPPI, the regulation notes obtaining client consent to provide customs entry information for Electronic Export Information (EEI) filing is required per customs regulations. Similarly, when a warehouse, storage facility, FTZ, or bonded warehouse operator acts as the USPPI, they are responsible for the EEI based on information they possess or have received from other parties to the export transaction. Additionally, this final rule revises several regulatory sections, including definitions, mandatory filing requirements, responsibilities of parties to the export transaction, confidentiality protocols, penalty provisions, and voluntary self-disclosure processes to ensure greater clarity, accuracy, and consistency throughout the FTR.
Full Text
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<title>Federal Register, Volume 90 Issue 155 (Thursday, August 14, 2025)</title>
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[Federal Register Volume 90, Number 155 (Thursday, August 14, 2025)]
[Rules and Regulations]
[Pages 39112-39124]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15493]
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DEPARTMENT OF COMMERCE
Census Bureau
15 CFR Part 30
[Docket No: 250808-0135]
RIN 0607-AA62
Foreign Trade Regulations (FTR): Clarification of Filing
Requirements Regarding In-Transit Shipments and Other FTR Provisions
AGENCY: Census Bureau, Department of Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of the Census (Census Bureau) issues this final
rule to clarify its regulations governing in-transit shipments from
foreign countries through the United States that are subsequently
exported to a foreign destination. Specifically, the final rule
addresses the identification of the U.S. Principal Party in Interest
(USPPI) in scenarios where goods are entered into the United States for
consumption or warehousing and subsequently stored in a warehouse or
storage facility, admitted into a Foreign Trade Zone (FTZ), or entered
into a bonded warehouse before being exported. The rule establishes
clear guidelines for different parties involved in export transactions.
For customs brokers serving as the USPPI, the regulation notes
obtaining client consent to provide customs entry information for
Electronic Export Information (EEI) filing is required per customs
regulations. Similarly, when a warehouse, storage facility, FTZ, or
bonded warehouse operator acts as the USPPI, they are responsible for
the EEI based on information they possess or have received from other
parties to the export transaction. Additionally, this final rule
revises several regulatory sections, including definitions, mandatory
filing requirements, responsibilities of parties to the export
transaction, confidentiality protocols, penalty provisions, and
voluntary self-disclosure processes to ensure greater clarity,
accuracy, and consistency throughout the FTR.
DATES: This final rule is effective September 15, 2025.
FOR FURTHER INFORMATION CONTACT: Epa Uwimana, Chief, Economic
Management Division, Census Bureau, 4600 Silver Hill Road, Washington,
DC 20233-6010 by email at <a href="/cdn-cgi/l/email-protection#e780938a83c98193958988938e848294a7848289949294c9808891"><span class="__cf_email__" data-cfemail="7017041d145e1604021e1f04191315033013151e0305035e171f06">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The Census Bureau, as delegated by the Secretary of Commerce, is
responsible for collecting, compiling, and publishing import and export
trade statistics for the United States under the provisions of Title
13, United States Code (U.S.C.), Chapter 9, Section 301(a). Under 13
U.S.C. 302, the Secretary of Commerce is authorized to promulgate
regulations necessary or proper to carry out the purposes of and
prevent the circumvention of the requirements of Chapter 9 of Title 13.
The Secretary also may promulgate regulations covering the
confidentiality, publication, and disclosure of information collected
under Chapter 9. The Secretary developed the Automated Export System
(AES), consistent with Public Law 106-113 and considering the
confidentiality requirements of Chapter 9 of Title 13, to collect EEI
in concert with the export control and enforcement functions of U.S.
Customs and Border Protection (CBP) of the Department of Homeland
Security, the Bureau of Industry and Security (BIS) of the Department
of Commerce, and the Directorate of Defense Trade Controls (DDTC) of
the Department of State.
Public Law 107-228 directed the Secretary to publish regulations
requiring exporters to file Shippers' Export Declarations, now
referenced as EEI, in the AES. As a result, the Census Bureau is
responsible for publishing the FTR that set the export reporting
requirements for preparing and filing the EEI in the AES. The EEI is
made up of mandatory, conditional, and optional data elements.
Under the aforementioned authorities, the Census Bureau is
publishing this final rule.
The Census Bureau has experienced an increase in the number of
inquiries regarding in-transit movements and as a result, the USPPI
scenarios defined in the FTR have been amended. Specifically, one
scenario was added, and two existing scenarios were revised to add
clarity.
One of the objectives of this final rule is to revise the FTR to
define which party is the USPPI when goods are entered into the United
States for consumption or warehousing then stored in a warehouse or
storage facility, admitted into an FTZ, or entered into a bonded
warehouse before exportation. When these movements occur prior to
exportation, the USPPI may be one of the following: a customs broker,
or an operator of the warehouse, storage facility, FTZ, or bonded
warehouse. When the customs broker is the USPPI and supports the
preparation or filing of the EEI with information from the import
entry, the customs broker must have consent from the importer of record
to disclose confidential information to third parties. When a
warehouse, storage facility, FTZ or bonded warehouse operator is the
USPPI, they are responsible for the EEI based on information they have
or have received from other parties to the export transaction.
The Census Bureau is clarifying the language of the existing
mandatory EEI filing requirements for exports subject to the Drug
Enforcement Administration regulations. The Census Bureau also is
revising the list of information that a USPPI and an authorized agent
provide in a routed export transaction. The Census Bureau is also
clarifying the filing requirements related to specific data elements
and the language regarding AES downtime, confidentiality, penalties,
and Voluntary Self-Disclosures. Additionally, the Census Bureau is
adding one definition, removing one definition, and revising nineteen
other definitions in order to ensure the continued collection of
complete, accurate and timely trade statistics. Finally, the Census
Bureau is making grammatical and style changes in the FTR. Further
background discussing need for this regulation is contained in the
proposed rule, 89 FR 86762 (Oct. 31, 2024), and is not repeated here.
The U.S. Department of Homeland Security and the U.S. Department of
State concur with the revisions to the FTR as required by Title 13,
U.S.C., Section 303, and Public Law 107-228, div. B, title XIV, Section
1404.
Response to Comments
The Census Bureau received 11 letters and emails commenting on the
proposed rule. A summary of the comments and the Census Bureau's
responses are provided below.
1. Provide resources and training materials to assist with
compliance with the FTR. One commenter suggested adding clarity and
reducing confusion by providing a consent form template for customs
brokers to use to obtain client authorization, examples of U.S.
Principal Party in Interest (USPPI) scenarios, a glossary of
definitions,
[[Page 39113]]
guidance on the methods for EEI filing and how a user transitions
between those methods, and a detailed user guide or tutorial video to
assist with the complex details of the data elements in Sec. 30.6. The
Census Bureau currently has resources and training materials available
to assist with educating the trade community of the requirements
including a glossary of terms in Sec. 30.1(c), a Frequently Asked
Questions (FAQ) document that can be amended to add USPPI scenarios,
and user guide and video tutorials to address filing in the AES.
Additionally, the Census Bureau maintains an International Trade Call
Center at 1-800-549-0595 to assist with more complex scenarios.
However, the Census Bureau cannot provide a consent form template
because the requirement to obtain consent is set by CBP, per 19 CFR
111.24.
2. Amend Sec. 30.1(c) Definitions to ensure clarity. Several
commenters suggested the following revisions to the definitions.
(a) Cross reference the definition of ``USPPI'' with the scenarios
for a USPPI listed at Sec. 30.3(b)(2). The Census Bureau agrees and
made this change.
(b) Amend the ``Ultimate Consignee'' definition to: include that it
is the party who ultimately receives the goods, as known at the time of
export; amend the reference to the forwarding agent to foreign
forwarding agent; and amend the term intermediary. The Census Bureau
agrees and made this change.
(c) Amend the definition of ``Buyer (purchaser)'' to state that the
goods are purchased from the U.S. Seller. The Census Bureau agrees and
made this change.
(d) Amend the definition of ``Order Party'' to be consistent with
Sec. 30.2(b)(2)(iii) where the USPPI scenario of an order party is
described. The Census Bureau agrees and changed the definition to
reference Sec. 30.2(b)(2)(iii) to ensure consistency with the USPPI
scenario for an order party.
(e) Amend the definition of ``Filer'' to state that the authorized
agent or USPPI is authorized to submit the EEI. This will help clarify
that a USPPI must be authorized in a routed export transaction to file.
The Census Bureau agrees with amending the definition of Filer;
however, we expect to address this in a future routed rule, which will
involve additional coordination between the Bureau of Industry and
Security and the Census Bureau to ensure consistency between the Export
Administration Regulations and FTR.
(f) Define the terms ``Warehouse'' and ``Storage Facility'' and the
distinction between the two terms. The terms ``Warehouse'' and
``Storage Facility'' are commonly understood terms. While adding
definitions could help distinguish between them, the Census Bureau has
concluded that such definitions are unnecessary since these terms are
used in their ordinary, plain meaning within this context.
Amend Sec. 30.2(d)(1) to clarify that admissions into bonded
warehouse/facilities and in-bond movements are not impacted by the
proposal. One commenter was concerned that the proposed change to Sec.
30.2(d)(1) may impact their use of the exclusion in that subsection.
The Census Bureau's revised language to Sec. 30.2(d)(1) does not
impact the use of this exclusion, which remains solely for goods
originating from a foreign country that move in-transit through the
United States and are subsequently exported and are not entered into
the commerce of the United States for consumption or warehousing. An
existing FAQ addresses such shipments to provide additional clarity.
Amend Sec. 30.3(b)(2) Parties to the Export Transaction, USPPI to
ensure clarity. One commenter suggested removing the new proposed
scenarios. Several commenters suggested revising the language in this
section to be more precise as follows.
(a) Amend Sec. 30.3(b)(2) to add that a USPPI must be aware that
its Employer Identification Number (EIN) is being reported by an
authorized agent prior to the filing of an EEI. In response to this
concern the Census Bureau revised a note to Sec. 30.3(e)(2) indicating
that the authorized agent should not report information without first
obtaining it from the USPPI directly and the parties to the export
transaction should have continuous communication.
(b) Amend Sec. 30.3(b)(2) to include a new USPPI scenario of U.S.
Entity with Legal Authority to be consistent with the EAR's definition
of exporter. Based on outreach and communication with stakeholders and
our needs as a statistical agency, the Census Bureau has determined
that the proposed language remains appropriate, the new and existing
USPPI scenarios are sufficient, and the addition of a U.S. Entity with
Legal Authority is not necessary.
(c) Amend Sec. 30.3(b)(2)(i), (ii), or (iii) to include the term
``or other foreign party'' following ``FPPI'' and replace FPPI with
``foreign person.'' The Census Bureau determined that the proposed
language remains appropriate. When the USPPI sells goods directly to a
foreign person, that person is the FPPI by definition. The Census
Bureau will not replace ``FPPI'' with ``foreign person'' because the
actions and roles of a ``foreign person'' would have to be consistently
defined in the context of the subsection, which is unnecessary when
FPPI is a specific term defined in the FTR to be used throughout the
regulations in scenarios like this.
(d) Amend the note to Sec. 30.3(b)(2)(iv) by simplifying the
language pertaining to the responsibility of a customs broker to obtain
consent from its client. The Census Bureau agrees and made this change.
(e) Amend Sec. 30.3(b)(2)(v) by expanding the text to include a
bonded warehouse in addition to an FTZ. The Census Bureau determined
that the proposed language remains appropriate. This scenario was added
to be specific to FTZs. Bonded warehouses are separately covered by
Sec. 30.3(b)(2)(iv).
(f) Amend Sec. 30.3(b)(2)(v) to ensure the definition of an FTZ
operator is consistent with CBP's regulations. Additionally, clarify
that the USPPI may not always be the exporter as defined in the Export
Administration Regulations (EAR). The Census Bureau has made the change
to ensure the definition of an FTZ operator is consistent with CBP's
regulations. However, the Census Bureau did not incorporate the
reference to the EAR as recommended because the reference is already
incorporated into the Note to Sec. 30.3.
(g) Amend Sec. 30.3(b)(2)(v) by changing ``shall'' to ``may'' so
the operator may opt out of being the USPPI. The Census Bureau
disagrees with changing ``shall'' to ``may'' because operators do not
have the flexibility to decline to be the USPPI. Instead, the Census
Bureau edited Sec. 30.2(b)(iv) to allow the customs broker to retain
the role and responsibilities of the USPPI if they choose to do so.
(h) Remove the additional USPPI scenarios added to Sec. 30.3(b)(2)
because the proposal will make arranging routed export transactions
more difficult, protracted, tedious, and frustrating. The Census Bureau
has determined that the proposed language remains appropriate, in part
because the proposed revisions were broadly supported by other public
comments.
(i) Amend the Automated Commercial Environment (ACE) authorization
check when the customs broker acts as the USPPI. The Census Bureau has
determined this comment is outside the scope of this rule.
Amend Sec. 30.3(b) to include a statement that the USPPI will
reasonably rely on information provided by other parties who have
actual knowledge of the goods. Five commenters stated the USPPIs in the
new scenarios may not have complete knowledge of the goods, including
the
[[Page 39114]]
export control requirements. Two commenters also requested that the
Census Bureau amend its civil penalty provisions in Subpart H by
acknowledging that the USPPI relies on other parties who have the
actual knowledge of the merchandise being exported. The Census Bureau
agrees that the new parties listed in the USPPI scenarios under Sec.
30.3(b)(2) may not always have all the information available to comply
with the FTR. Therefore, the Census Bureau amended Sec. 30.3(c)(1)(i)
to clarify that the USPPI may receive the information from other
parties to the export transaction. The Census Bureau will continue to
work with the CBP on their EEI penalty mitigation guidelines.
6. Amend the FTR by making changes to the routed export transaction
provisions in Sec. 30.3(e). Several commenters stated that the Census
Bureau was missing an opportunity to make changes to the routed export
transaction definition and requirements. The Census Bureau agrees that
changes to the FTR related to routed export transactions are needed.
The Census Bureau and the BIS are working in partnership to update the
FTR and EAR and will address the routed and standard export transaction
requirements in their respective rules. Both the Census Bureau and the
BIS must publish their respective rules concurrently because the FTR
addresses the filing requirements related to routed export transactions
while the EAR addresses the export control and licensing requirements.
7. Amend Sec. 30.3(e)(2) by removing the term ``exactly.'' Two
commenters suggested the removal of this term because the USPPI may not
``exactly'' provide terms in the reporting instructions, such as codes
in the AES appendices and the value, which may not include insurance
and freight. The Census Bureau disagrees. The term ``exactly'' was
added to prevent an authorized agent from reporting different
information on the EEI than the information on the reporting
instructions. To address the concern that the USPPIs may not have
complete information, the Census Bureau included a note to Sec.
30.3(e)(2) that states the authorized agent and parties to the export
transaction should have continuous communication to ensure the
reporting of accurate, complete, and timely information.
8. Amend Sec. 30.6(a)(3) and (b)(2) by removing the proposed
changes to the ultimate consignee and intermediate consignee data
elements, respectively. One commenter suggested that if the Census
Bureau is attempting to capture the end user, it should create an end
user field. The Census Bureau disagrees, and notes the changes better
clarify that an ultimate consignee may be an end user if the
information is known at the time of exportation. Statistically, the
Census Bureau receives what it needs in the ultimate consignee field
and does not need to contemplate the addition of a new data element.
Another commenter suggested leaving in the language referring to
consistency with the export licenses in the ultimate and intermediate
consignee descriptions in Sec. 30.6(a)(3) and (b)(2), respectively.
The Census Bureau disagrees. The rule removes references to the export
license because there are certain scenarios where the end user on the
license is known at the time of export and the ultimate consignee and
intermediate consignee reported on the EEI may be the end user and
ultimate consignee on the license, respectively.
9. Amend the FTR by eliminating the state of origin data element in
Sec. 30.6(a)(4). Two commenters suggested the removal of the state of
origin as a data element because it is duplicative of the state code in
the USPPI address under Sec. 30.6(a)(1)(ii). The Census Bureau agrees
that the data element is duplicative but has taken steps to first
research the impact of the removal of state of origin and ensure data
is being reported accurately rather than removing it at this time.
Similar comments were first provided in the 2019 Office of Management
and Budget (OMB) clearance package and as a result, the Census Bureau
implemented a series of AES response messages. We continue to research
how the elimination of the state of origin, if implemented, will impact
statistical releases and our data users.
10. Amend the Automated Export System Trade Interface Requirements
(AESTIR) to expand the commodity description (referenced in Sec.
30.6(a)(13)) from its current limitation of 45 characters. One
commenter suggested that the length of the commodity description field
is too short. The Census Bureau held previous discussions with the
trade community and CBP where it was determined that major
reprogramming of the AES Commodity Record Format in the AESTIR would be
required to provide more space in this field. We will keep a record of
this comment for potential future research.
11. Amend Sec. 30.6(b)(13) by removing the requirement to use the
entry number and Foreign Trade Zone Admission Number to link the export
to the import for the purpose of collecting the country of origin. One
commenter noted that if the entry number is collected, the information
should be used to support automatic drawback claims, which would be a
tangible benefit to exporters. However, several commenters stated that
there are costs and operational challenges, such as software system
limitations, to identifying a one-to-one relationship between the
admission of goods to an FTZ and the entire shipment of goods exported.
Additionally, commentors stated that the trade community involved in
FTZ warehousing lack the information technology systems to comply with
the proposal. These commenters added that obtaining the country of
origin from an entry number at the shipment level of the export may
result in inaccurate data. Some commenters suggested the Census Bureau
instead require a country of origin data element and allow the trade
ample time to absorb this change, which the Census Bureau initially
presented in a proposed rule published December 2021 (86 FR 71187 (Dec.
15, 2021)). At that time, commenters suggested that the Census Bureau
research how to make linkages with the data it already collects for
import rather than add a country of origin data element, which the
agency did. That examination led to the proposal to use entry number to
obtain the country of origin from the import data. However, the Census
Bureau agrees with commenters on this proposed rule that filers would
face challenges to reporting the entry number as proposed and critical
data could be missed. Additionally, the Census Bureau changed the
requirements for entry number to clarify what must be reported for each
in-bond type code.
Furthermore, the Census Bureau agrees with commentors who
recommended the collection of the country of origin data element in
place of the entry number. Based on the comments received, the Census
Bureau has determined it will collect country of origin, but will issue
a future rule related to the implementation of it.
12. Amend Sec. 30.10(a) by revising the note to include examples
of ``official purposes.'' One commenter suggested that since the phrase
``non-official purposes'' is used in the note to Sec. 30.10(a), the
Census Bureau should also provide examples of ``official purposes.''
The Census Bureau has changed the proposed language to remove ``non-
official purpose'' in the note to Sec. 30.10(a) because a foreign
person may never have the EEI for any purpose.
13. Amend the FTR by implementing a new Export Information Code
(EIC) for exports originating from in-transit
[[Page 39115]]
movements. One commenter suggested developing a new process where the
filer reports a new EIC for in-transit movements originating from a
foreign country where certain data elements are not required, such as
the USPPI name. The Census Bureau disagrees. The USPPI name is a
mandatory data element required for statistical purposes by the Census
Bureau and export enforcement purposes by other federal agencies to
fulfill their respective statutory requirements.
14. Amend Appendix C table to clarify the responsible party for
reporting the EEI data elements for routed export transactions. Several
commenters suggested amendments to the title and content of Appendix C
to provide references to the AESTIR. Additionally, commenters requested
that (1) the responsibility for providing the ultimate consignee type
be assigned to the USPPI and (2) the Kimberley Process Certificate
(KPC) and filing option indicator be removed from the required EEI data
elements for routed export trade. The Census Bureau agrees and changed
the table in Appendix C to remove KPC. However, for the ultimate
consignee type, filing option indicator, and references to the AESTIR,
the Census Bureau did not make the requested changes. Regarding the
ultimate consignee type and filing option indicator, the authorized
agent is in the best position to provide the primary business function
of the ultimate consignee and whether it is filing predeparture or
postdeparture. References to the AESTIR were not added because CBP
maintains the AESTIR, which would require the Census Bureau to make
regulatory updates anytime the AESTIR is changed.
15. Clarify that the proposed changes could increase compliance
burden and cost. One commenter stated that businesses handling specific
types of goods including perishable goods, pharmaceuticals, high-value
electronics, and hazardous materials would be burdened by these
proposed requirements because of the delay in export clearance. The
Census Bureau believes that the proposed changes add more clarity and
practical solutions to existing provisions, which reduces ambiguity
and, therefore, filing time and errors that delay export clearance.
16. Other Comments in Support of the Proposed Rule.
(a) One commenter supported the proposed designation of a customs
broker or storage facility as the USPPI when goods are previously
imported and stored in a warehouse, asserting that doing so would
streamline the export process and ensure clarity in determining the
responsible party.
(b) One commenter supported adding additional data elements
accessible by the USPPI in routed export transactions and listed in
Appendix C. Adding more data elements visible to the USPPI enables
identification and monitoring of orders effectively, ensures oversight
of shipments, and leads to improved compliance and operational
efficiency.
(c) One commenter supported ACE account deactivation for AES filers
who remain unresponsive to requests for updating or correcting EEI or
responding to inquiries from the federal government. The commenter
added that it is essential to give filers ample opportunity to rectify
the situation before deactivation occurs.
Changes From the Proposed Rule
After consideration of the comments received, the Census Bureau
revised, removed, or added certain provisions in the Final Rule to
address the concerns of commenters and to clarify the requirements of
the rule as discussed in the section ``Response to Comments'' above.
Additional changes made in this Final Rule are as follows:
<bullet> Section 30.1(c) is amended to revise the definitions for
``Buyer (purchaser)'', ``Country of ultimate destination'', ``Export
statistics'', ``Foreign goods'', ``Foreign port of unlading'',
``Forwarding agent'', ``Intermediate consignee'', ``Order party'',
``Ultimate consignee'', and ``U.S. Principal Party in Interest
(USPPI)''.
<bullet> Section 30.2(a)(2) is amended by removing a space between
AES and Direct and closing the parentheses after <a href="http://cbp.gov">cbp.gov</a>.
<bullet> Section 30.2(d)(5) is amended to revise the exclusion for
exports where the country of destination is the United States and
exports to international waters where the goods are controlled by a
United States entity.
<bullet> Section 30.3 is amended to remove the description of a
standard export transaction because this term is expected to be added
in a future proposed rule including standard and routed export
transactions.
<bullet> Section 30.3(a) is amended to separate the first
requirement from the title.
<bullet> Section 30.3(a)(3) is amended by adding a comma after
``accurate'' in the first sentence.
<bullet> Section 30.3(b)(2)(iv) is amended to clarify that a
customs broker may be the USPPI after thirty (30) calendar days of
import if they choose to be.
<bullet> The Note to Section 30.3(b)(2)(iv) is amended to simplify
the language that a customs broker must have consent from the importer
of record to disclose confidential information to third parties.
<bullet> Section 30.3(b)(2)(v) is amended to refer to CBP's
definition of an ``operator'' as defined in 19 CFR 146.1 for the
purposes of identifying an FTZ operator.
<bullet> Section 30.3(c)(1)(i) is amended to clarify that the
information that a USPPI is responsible for is based on information
that the USPPI has or has received from other parties to the export
transaction.
<bullet> Section 30.3(e)(1) is amended to clarify that the USPPI
provides the agent with information based on information the USPPI has
or has received from other parties to the export transaction.
<bullet> The Note to Section 30.3(e)(1) is revised to reference 15
CFR 758.3 of the Export Administration Regulations to determine the
responsibility of export control data elements in Appendix C when the
FPPI has assumed export control responsibilities.
<bullet> Section 30.3(e)(2) is amended by adding a comma after
``accurate.''
<bullet> The Note to Section 30.3(e)(2) was revised to clarify that
an authorized agent should not report information that is the
responsibility of the USPPI without obtaining it from the USPPI
directly, and to clarify that continuous communication between the
authorized agent and other parties to the export transaction is
necessary to ensure accurate, complete and timely reporting.
<bullet> Section 30.4(f)(1) is amended to add a reference to
publicly available information on the AES filing methods, and to
reference Sec. 30.5(f) for support during downtime.
<bullet> Section 30.5(d)(2) is amended to change ``Title 13'' to
``EEI'' to specify that the integrity and confidentiality requirements
relate to the EEI rather than Title 13 more broadly.
<bullet> Section 30.5(f) is amended to update contact information.
<bullet> Section 30.6(a)(11) is amended to add a section symbol
before Sec. 30.1(c).
<bullet> Section 30.6(b)(2) is amended to add ``foreign'' to
clarify that the intermediate consignee is a foreign forwarding agent
or other person and to clarify the intermediate consignee takes
physical possession.
<bullet> Section 30.6(b)(4) is amended to add ``ultimate'' to be
consistent with the term ``country of ultimate destination'' as defined
in Sec. 30.1(c).
<bullet> Section 30.6(b)(5) is amended to provide a reference to
the Kimberley Process Certificate requirements.
<bullet> Section 30.6(b)(13) is amended to clarify that the entry
number is required when goods of foreign origin enter into the U.S. for
warehousing (entered into a
[[Page 39116]]
bonded warehouse) or are admitted into a FTZ.
<bullet> Section 30.6(b)(17) is removed because the Kimberley
Process Certificate is already included in Sec. 30.6(b)(5), Export
license number/CFR citation/KPC number.
<bullet> Section 30.8 is amended to better clarify that proof of
filing, postdeparture, and downtime require presentation of citations
and an exclusion or exemption involves legends.
<bullet> The Note to Section 30.10(a) is amended to remove ``for
nonofficial purposes'' and replace with the specific nonofficial
purpose ``to a foreign person or foreign government''.
<bullet> Section 30.26(b) is amended to add ``ultimate'' to be
consistent with the term ``country of ultimate destination'' as defined
in Sec. 30.1(c).
<bullet> Section 30.29(a)(1) and (2) is amended to clarify what the
value reported must include.
<bullet> Section 30.36(b) is amended to remove redundant references
to the mandatory filing requirements, which were already identified in
Sec. 30.36(a).
<bullet> FTR Appendix C to Part 30 is amended to revise the title
to Party Responsibilities for Data Elements in Routed Export
Transactions and remove the Kimberley Process Certificate from the
responsibility of the USPPI because this data element is already
included in Sec. 30.6(b)(5), Export license number/CFR citation/KPC
number.
Revisions Unchanged From the Proposed Rule
In addition to the above changes, this final rule amends relevant
sections of the FTR to comply with the requirements of the Foreign
Relations Act, Public Law 107-228 consistent with the changes set forth
in the proposed rule:
<bullet> Revise Sec. 30.1(c) by amending the definitions for
``Commerce Control List (CCL)'', ``End user'', ``Filer'', ``Foreign
Principal Party in Interest (FPPI)'', ``Person'', ``Seller'',
``Shipment'', ``Shipping documents'', and ``Voluntary Self-Disclosure
(VSD)''. Additionally, add the definition for ``Conveyance'' and remove
the definition for ``Consignee''.
<bullet> Revise Sec. 30.2(a)(1)(iv)(D) by amending the Drug
Enforcement Administration's authorization to require EEI filing in the
AES for all licenses and permits under 21 CFR 1300 through 1399.
<bullet> Revise Sec. 30.2(d)(1) by amending the language to
clarify that EEI filing is excluded when goods are moving in-transit
through the United States, Puerto Rico, or the U.S. Virgin Islands from
one country or area to another where such goods do not enter the United
States for consumption or warehousing.
<bullet> Revise Sec. 30.2(d)(4) by removing the reference to the
exemption in Sec. 30.39 as the exclusion overrides the exemption.
<bullet> Revise Sec. 30.3 by adding introductory text that states
international commercial terms, terms of sale, and industry or other
agreements do not determine the type of or parties to the export
transaction.
<bullet> Revise Sec. 30.3(a) by replacing ``General requirements''
with ``General filer requirements'' and to include specific
subparagraphs designated as (a)(1) that the filer is a USPPI or
authorized agent, (a)(2) that the filer must be located physically in
the United States when filing the EEI, and (a)(3) that the EEI must be
filed completely, accurately, and timely.
<bullet> Revise Sec. 30.3(b)(2) by removing the foreign entity as
the USPPI because it has been added as a scenario in this section.
<bullet> Revise Sec. 30.3(b)(iv) by amending to combine the
existing language in Sec. 30.3(b)(2)(iv) and (v), add a time frame
from when the customs broker clears goods into the United States for
consumption or warehousing, and clarify who the USPPI is in the
scenario.
<bullet> Revise Sec. 30.3(b)(iv) by adding a Note that reminds the
customs broker to obtain consent from its client when the information
from the customs entry is used to prepare and file the EEI as required
under CBP regulations, 19 CFR 111.24.
<bullet> Revise Sec. 30.3(b)(2)(v) to identify the USPPI as a
person who admits goods into an FTZ or the FTZ operator.
<bullet> Revise Sec. 30.3(b)(2)(vi) to add a USPPI scenario when
the foreign entity is in the United States when the goods are purchased
or obtained for export.
<bullet> Revise Sec. 30.3(d)(4) by adding postdeparture, downtime,
and exclusion to the list of citations.
<bullet> Revise Sec. 30.3(e)(1) and Sec. 30.3(e)(2) by removing
the subparagraphs that list the data elements the USPPI provides to the
authorized agent to assist in the preparation and filing of the EEI and
the list of data elements the authorized agent must provide to the
USPPI upon request, and replace the references to those lists with
Appendix C.
<bullet> Revise Sec. 30.4(b)(1) to remove references to the
downtime procedures.
<bullet> Revise Sec. 30.4(b)(4) by amending to replace with the
existing language in Sec. 30.4(b)(5) regarding EEI filing time frames
for the export of used self-propelled vehicles.
<bullet> Remove Sec. 30.4(b)(5).
<bullet> Revise Sec. 30.4(c)(2) to replace the term ``consignee''
with ``ultimate consignee''.
<bullet> Revise Sec. 30.4(f) by adding the downtime procedures.
<bullet> Revise Sec. 30.6(a)(1) to remove examples of the USPPI
from the USPPI data element description, rename the ``Address of the
USPPI'' to ``Address of origin'', and revise the USPPI Address of
origin example.
<bullet> Revise Sec. 30.6(a)(3) to provide examples of the
ultimate consignee based on knowledge at the time of export.
<bullet> Revise Sec. 30.6(a)(4) by amending the U.S. state of
origin example.
<bullet> Revise Sec. 30.6(a)(11) to refer to Sec. 30.1(c) for
detailed definitions of foreign and domestic goods.
<bullet> Revise Sec. 30.6(b)(2) to clarify that the intermediate
consignee must physically take possession of the goods.
<bullet> Revise Sec. 30.6(b)(4) to clarify that the foreign port
of unlading is the location where the goods are removed from the
exporting conveyance.
<bullet> Revise Sec. 30.6(b)(6) to provide a reference to Sec.
758.1(g) of the EAR to clarify the ECCN reporting requirements.
<bullet> Revise Sec. 30.6(b)(13) to clarify that the customs
broker shall provide the entry number, when required, to assist in the
preparation of the EEI.
<bullet> Revise Sec. 30.10 by amending paragraph (a) and adding a
Note to paragraph (a).
<bullet> Revise the introductory text to Sec. 30.17 remove the
reference to the U.S. Government Printing Office website.
<bullet> Revise Sec. 30.18(c) to remove the reference to the
Department of State website.
<bullet> Revise Sec. 30.26(b) by replacing ``sold foreign'' with
``exported for sale'' to be clear that the goods were exported as a
result of a sale.
<bullet> Revise Sec. 30.29(a)(1) and (a)(2) to add a reference to
Sec. 30.53 to clarify the import reporting requirements for repairs.
<bullet> Revise Sec. 30.37(a) by amending the first sentence to be
consistent with the revised ``Shipment'' definition in Sec. 30.1(c),
specifically that the goods are shipped to an ultimate consignee.
<bullet> Revise the introductory text of Sec. 30.51 to update the
reference to the CBP website.
<bullet> Revise the introductory text of Sec. 30.52 to update the
reference to the CBP website.
<bullet> Revise Sec. 30.60(c)(1) to amend by combining the
existing language in (c)(1) and (c)(2) to clarify that the EEI may not
be used for tax purposes unless otherwise noted.
<bullet> Revise Sec. 30.60(c)(2) to add language to prohibit the
use of EEI for export
[[Page 39117]]
marketing and promotion unless otherwise noted.
<bullet> Revise Sec. 30.60(c)(4) to amend ``foreign entities'' to
``foreign persons'' as ``person'' is a broader term.
<bullet> Revise Sec. 30.71(a)(2) by amending the language to add
that deactivation of a filer's account may be a penalty if the filer
furthers illegal activity.
<bullet> Revise Sec. 30.74(b)(4) and (d) to clarify that foreign
persons may not submit a Voluntary Self-Disclosure and to amend the
Census Bureau's actions when responding to a Voluntary Self-Disclosure.
<bullet> Revise Sec. 30.74(d) by removing paragraphs (1) through
(3) as the content is now contained in Sec. 30.74(d).
<bullet> Revise FTR Appendix B to Part 30--AES Filing Citation,
Exemption and Exclusion Legends to replace X. with Miscellaneous
Exclusion Statements and move Split Shipments to XI.
<bullet> Add FTR Appendix C to Part 30--Required Data Elements--
Routed Export Transactions to include the data elements that the USPPI
and authorized agent are responsible for in a routed export
transaction.
Classification
Regulatory Flexibility Act
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this rule will not have a significant impact
on a substantial number of small entities. The factual basis for this
determination was published in the proposed rule and is not repeated
here. No comments were received regarding this certification. As a
result, a regulatory flexibility analysis was not required, and none
was prepared.
Executive Orders
This rule has been determined to be not significant for purposes of
Executive Order 12866. This final rule is not an Executive Order 14192
regulatory action because this action is not significant under
Executive Order 12866. This rule does not contain policies with
federalism implications as that term is defined under Executive Order
13132.
Paperwork Reduction Act
Notwithstanding any other provision of law, no person is required
to respond to, nor shall a person be subject to a penalty for failure
to comply with, a collection of information subject to the requirements
of the Paperwork Reduction Act (PRA), unless that collection of
information displays a current and valid OMB control number. This rule
contains a collection-of-information subject to the requirements of the
PRA (44 U.S.C. 3501 et seq.) and has been approved under OMB control
number 0607-0152.
List of Subjects in 15 CFR Part 30
Economic statistics, Exports, Foreign trade, Reporting and
recordkeeping requirements.
For the reasons set out in the preamble, the Census Bureau is
amending 15 CFR part 30 as follows:
PART 30--FOREIGN TRADE REGULATIONS
0
1. The authority citation for part 30 continues to read as follows:
Authority: 5 U.S.C. 301; 13 U.S.C. 301-307; Reorganization plan
No. 5 of 1990 (3 CFR 1949-1953 Comp., p. 1004); Department of
Commerce Organization Order No. 35-2A, July 22, 1987, as amended,
and No. 35-2B, December 20, 1996, as amended; Pub. L. 107-228, 116
Stat. 1350.
0
2. Amend Sec. 30.1(c) by:
0
a. Revising the definitions for ``Buyer (purchaser)'' and ``Commerce
Control List (CCL)'';
0
b. Removing the definition for ``Consignee'';
0
c. Adding, in alphabetical order, the definition for ``Conveyance'';
and
0
d. Revising the definitions for ``Country of ultimate destination'',
``End user'', ``Export statistics'', ``Filer'', ``Foreign goods'',
``Foreign port of unlading``, ``Foreign Principal Party in Interest
(FPPI)'', ``Forwarding agent'', ``Intermediate consignee'', ``Order
party'', ``Person'', ``Seller'', ``Shipment'', ``Shipping documents'',
``Ultimate consignee'', ``U.S. Principal Party in Interest (USPPI)'',
and ``Voluntary Self-Disclosure (VSD)''.
The revisions and additions read as follows:
Sec. 30.1 Purpose and definitions.
* * * * *
(c) * * *
Buyer (purchaser). The person located abroad in the export
transaction that purchases the goods from the U.S. seller for delivery
to the ultimate consignee. The buyer (purchaser) and ultimate consignee
may be the same.
* * * * *
Commerce Control List (CCL). A list of items found in Supplement
No. 1 to Part 774 of the Export Administration Regulations (EAR).
Supplement No. 2 to Part 774 of the EAR contains the General Technology
and Software Notes relevant to entries contained in the CCL.
* * * * *
Conveyance. The actual aircraft, vessel, railcar, truck, and other
means of transport used to transport goods from one place to another.
See Sec. 30.6(a)(7).
* * * * *
Country of ultimate destination. The country where the goods are to
be consumed, further processed, stored, or manufactured, as known to
the USPPI at the time of export. See Sec. 30.6(a)(5).
* * * * *
End user. The person located abroad who receives and ultimately
uses the exported, reexported or transferred (in-country) items. The
end user is not an authorized agent or intermediary but may be the FPPI
or ultimate consignee.
* * * * *
Export statistics. The measure of quantity and value of goods
(except for shipments to U.S. military forces overseas) moving out of
the United States to foreign countries, whether such goods are exported
from within the Customs territory of the United States, a bonded
warehouse, or a U.S. Foreign Trade Zone (FTZ).
* * * * *
Filer. The USPPI or an authorized agent who is responsible for
submitting the Electronic Export Information (EEI) in the Automated
Export System (AES).
* * * * *
Foreign goods. Goods that were originally grown, produced, or
manufactured in a foreign country, then subsequently entered into the
United States, admitted to a U.S. FTZ, or entered into a bonded
warehouse, but not substantially transformed in form or condition by
further processing or manufacturing in the United States, U.S. FTZs,
Puerto Rico, or the U.S. Virgin Islands.
* * * * *
Foreign port of unlading. The port in a foreign country where the
goods are removed from the exporting conveyance. The foreign port does
not have to be located in the country of ultimate destination. The
foreign port of unlading shall be reported in terms of Schedule K,
``Classification of CBP Foreign Ports by Geographic Trade Area and
Country.''
* * * * *
Foreign Principal Party in Interest (FPPI). The person located
abroad who purchases the goods for export or to whom final delivery of
the goods will be made. This party may be the ultimate consignee, buyer
(purchaser), or end user.
* * * * *
Forwarding agent. The person who is selected by the principal party
in interest to facilitate the movement of the
[[Page 39118]]
cargo from the United States to the foreign destination.
* * * * *
Intermediate consignee. The person located abroad who acts as an
agent for the principal party in interest and takes physical possession
of the goods for the purpose of effecting delivery of goods to the
ultimate consignee. The intermediate consignee may be a foreign
forwarding agent or other person who acts as an agent for a principal
party in interest.
* * * * *
Order party. The person in the United States who conducts the
direct negotiations or correspondence with the buyer (purchaser) or
ultimate consignee and who, as a result of these negotiations, receives
the order from the FPPI. See Sec. 30.3(b)(2)(iii) of the FTR.
* * * * *
Person. Any natural person, corporation, partnership, or other
legal entity of any kind, domestic or foreign.
* * * * *
Seller. A person in the transaction, usually the manufacturer,
producer, wholesaler, or distributor of the goods, that receives the
monetary benefit or other consideration for the exported goods.
* * * * *
Shipment. All goods being sent from one USPPI to one ultimate
consignee located in a single country of destination on a single
conveyance and departing from the United States on the same day. Except
as noted in Sec. 30.2(a)(1)(iv), the EEI shall be filed when the value
of the goods is over $2,500 per Schedule B or HTSUSA commodity
classification code.
* * * * *
Shipping documents. Documents that include but are not limited to
commercial invoices, export shipping instructions, packing lists, bills
of lading and air waybills.
* * * * *
Ultimate consignee. The person located abroad who ultimately
receives the export shipment, as known at the time of export. The
ultimate consignee is not a foreign forwarding agent or intermediate
consignee, but may be the FPPI, buyer (purchaser), or end user.
* * * * *
U.S. Principal Party in Interest (USPPI). The person in the United
States that receives the primary benefit, monetary or otherwise, from
the export transaction. See Sec. 30.3(b)(2).
* * * * *
Voluntary Self-Disclosure (VSD). A narrative account with
supporting documentation that sufficiently describes suspected
violations of the FTR. A VSD reflects due diligence in detecting and
correcting potential violations when required information was not
reported or when incorrect information was provided that violates the
FTR.
* * * * *
0
3. Amend Sec. 30.2 by revising (a)(1)(iv)(D), (a)(2), (d)(1), (d)(4),
and (d)(5).
The revisions read as follows:
Sec. 30.2 General requirements for filing Electronic Export
Information (EEI).
(a) * * *
(1) * * *
(iv) * * *
(D) Requiring a Department of Justice, Drug Enforcement
Administration (DEA) export permit or declaration (21 CFR 1300 through
1399).
* * * * *
(2) Filing methods. The USPPI has four means for filing EEI: use
AESDirect; develop AES software using the AESTIR (see AESTIR
Introduction and Guidelines [verbar] U.S. Customs and Border Protection
(<a href="http://cbp.gov">cbp.gov</a>)); purchase software developed by certified vendors using the
AESTIR; or use an authorized agent. An FPPI can only use an authorized
agent in a routed transaction.
* * * * *
(d) * * *
(1) Goods moving in-transit through the United States, Puerto Rico,
or the U.S. Virgin Islands from one foreign country or area to another
where such goods do not enter into the United States for consumption or
warehousing.
* * * * *
(4) Goods shipped to Guantanamo Bay Naval Base in Cuba from the
United States, Puerto Rico, or the U.S. Virgin Islands and from
Guantanamo Bay Naval Base to the United States, Puerto Rico, or the
U.S. Virgin Islands.
(5) Goods licensed by a U.S. federal government agency where the
country of ultimate destination is the United States, or goods destined
to international waters where the person(s) or entity assuming control
of the item(s) is a citizen or permanent resident alien of the United
States or a juridical entity organized under the laws of the United
States or a jurisdiction within the United States.
* * * * *
0
4. Amend Sec. 30.3 by:
0
a. Adding introductory text to Sec. 30.3;
0
b. Revising the section heading for paragraph (a);
0
c. Adding paragraphs (a)(1) through (3);
0
d. Revising paragraphs (b)(1), (b)(2), (b)(2)(i), (b)(2)(ii), and
(b)(2)(iv);
0
e. Adding a Note to (b)(2)(iv);
0
f. Revising (b)(2)(v);
0
g. Adding (b)(2)(vi);
0
h. Revising (d)(4) and (e)(1);
0
i. Removing paragraphs (e)(1)(i) through (xii);
0
j. Revising the Note to paragraph (e)(1);
0
k. Removing paragraphs (e)(2)(i) through (xv); and
0
l. Revising the Note to paragraph (e)(2).
The revisions and additions read as follows:
Sec. 30.3 Electronic Export Information filer requirements, parties
to export transactions, and responsibilities of parties to export
transactions
All parties that participate in an export transaction subject to
the FTR must comply with the FTR. There are two types of export
transactions: standard and routed. International commercial terms,
terms of sale, and industry or other agreements do not determine the
type of or parties to the export transaction, as they have no
regulatory basis.
(a) General filer requirements.
(1) The filer of EEI for export transactions is either the USPPI or
the authorized agent. If a foreign entity is the USPPI, they are
prohibited from filing the EEI and must authorize an agent to file on
their behalf.
(2) The filer shall maintain a physical office or residence in the
United States, be physically located in the United States at the time
of preparing and filing the EEI, and have an EIN or DUNS and be
certified to report in the AES. If the filer does not have an EIN or
DUNS, the filer must obtain an EIN from the Internal Revenue Service.
(3) All EEI submitted to the AES shall be complete, accurate, and
timely. The filer is responsible for ensuring that the EEI is complete,
accurate, and timely, except insofar as that party can demonstrate that
it reasonably relied on information based on personal knowledge of the
facts and information furnished by other responsible persons
participating in the transaction. All parties involved in export
transactions, including authorized agents, should be aware that
invoices and other commercial documents may not necessarily contain all
the information needed to prepare and file the EEI.
(b) * * *
(1) Principal parties in interest. Those persons in a transaction
that receive the primary benefit, monetary or otherwise, are considered
principal parties to the transaction. Generally, the principal parties
in interest in a transaction are the seller and buyer. In most cases,
the
[[Page 39119]]
U.S. forwarding or other agent is not a principal party in interest.
(2) USPPI. For purposes of filing EEI, the USPPI is the person in
the United States that receives the primary benefit, monetary or
otherwise, from the transaction. Below are scenarios where the USPPI is
identified:
(i) If a U.S. manufacturer sells the goods for export directly to a
FPPI, the U.S. manufacturer shall be listed as the USPPI in the EEI.
(ii) If a U.S. manufacturer sells goods, as a domestic sale, to a
U.S. buyer (wholesaler/distributor) and that U.S. buyer sells the goods
for export to a FPPI, the U.S. buyer shall be listed as the USPPI in
the EEI.
* * * * *
(iv) If a customs broker or foreign person is listed as the
importer of record when entering goods into the United States, the
customs broker shall be listed as the USPPI in the EEI if the goods are
being exported without change or enhancement in thirty (30) calendar
days or less of import. After thirty (30) calendar days, if the customs
broker decides to retain the USPPI responsibilities, then they shall
continue to be listed as the USPPI in the EEI; otherwise, the warehouse
or storage facility in possession and with knowledge and control of the
goods when the goods begin their journey to the port of export shall be
listed as the USPPI in the EEI.
Note to paragraph Sec. 30.3(b)(2)(iv) of this section: The U.S.
Customs and Border Protection regulations (19 CFR 111.24) state that
the import entry records pertaining to the business of the clients
serviced by the customs broker are to be considered confidential. If
applicable, when the customs broker supports the preparation or
filing of the EEI with information from the import entry, the
customs broker must have consent from the foreign importer of record
to disclose confidential information to third parties.
(v) If a U.S. person admits goods into a Foreign Trade Zone (FTZ),
then the U.S. person shall be listed as the USPPI in the EEI if the
goods are subsequently exported without change or enhancement. If a
foreign person admits goods into an FTZ, then the FTZ operator as
defined in 19 CFR 146.1 shall be listed as the USPPI in the EEI if the
goods are subsequently exported without change or enhancement.
(vi) If the foreign entity is in the United States at the time the
goods are purchased or obtained for export, the foreign entity shall be
listed as the USPPI in the EEI. The foreign entity is prohibited from
filing the EEI; therefore, they must authorize an agent to comply with
the provisions of the FTR.
* * * * *
(c) * * *
(1) * * *
(i) The USPPI can prepare and file the EEI itself, or it can
authorize an agent to prepare and file the EEI on its behalf. If the
USPPI prepares the EEI itself, the USPPI is responsible for the
accurate and timely transmission of all the export information reported
to the AES based on information it has or has received from other
parties to the transaction to support the preparing or filing of the
EEI, such as export control requirements.
* * * * *
(d) * * *
(4) Providing the exporting carrier with the proof of filing,
postdeparture, downtime, exclusion, or exemption citations in
accordance with provisions and requirements contained in this part.
* * * * *
(e) * * *
(1) USPPI responsibilities. In a routed export transaction, the
FPPI may authorize or agree to allow the USPPI to prepare and file the
EEI. If the FPPI agrees to allow the USPPI to file the EEI, the FPPI
must provide a written authorization to the USPPI assuming the
responsibility for filing. If the FPPI agrees to allow the USPPI to
file EEI, the filing of the export transaction shall be treated as a
routed export transaction. The USPPI shall retain documentation to
support the EEI filed. The USPPI may authorize an agent to file the EEI
on its behalf, and both the USPPI and its authorized agent shall retain
documentation to support the EEI filed. If the FPPI authorizes an agent
to prepare and file the EEI, the USPPI shall retain documentation to
support the information provided to the agent for preparing the EEI as
specified in Sec. 30.10 and provide the agent with complete, accurate,
and timely export information it has or has received from other parties
to the transaction necessary to prepare and file the EEI as set forth
in Appendix C.
Note to paragraph (e)(1) of this section: For items in Appendix
C, where the FPPI has assumed responsibility for determining and
obtaining license authority, see requirements set forth in 15 CFR
758.3 of the EAR.
(2) Authorized agent responsibilities. In a routed export
transaction, if an authorized agent is preparing and filing the EEI on
behalf of the FPPI, the authorized agent must obtain a power of
attorney or written authorization from the FPPI and shall be
responsible for preparing and filing complete, accurate, and timely EEI
based on information obtained from the USPPI or other parties involved
in the transaction. The authorized agent must file the EEI based on
export information exactly as provided by the USPPI as set forth in
Appendix C. The authorized agent shall retain documentation to support
the export information reported to the AES as specified in Sec. 30.10
and, upon request, provide the USPPI with a copy of the power of
attorney or written authorization from the FPPI and the data elements
filed that the USPPI provided as listed in Appendix C, along with the
authorized agent name, authorized agent contact information, date of
export, and ITN.
Note to paragraph (e)(2) of this section: The authorized agent
should not report the information above without obtaining it from
the USPPI directly. The authorized agent and parties to the
transaction should have continuous communication to ensure accurate,
complete, and timely information is reported.
* * * * *
0
5. Amend Sec. 30.4 by
0
a. Revising paragraphs (b)(1) and (4);
0
b. Removing paragraph (b)(5);
0
c. Revising (c)(2); and
0
d. Adding paragraph (f).
The revisions and additions read as follows:
Sec. 30.4 Electronic Export Information filing procedures,
deadlines, and certification statements.
* * * * *
(b) * * *
(1) For USML shipments, refer to the ITAR (22 CFR 123.22(b)(1)) for
specific requirements concerning predeparture filing time frames.
* * * * *
(4) For used self-propelled vehicles as defined in 19 CFR 192.1 of
U.S. Customs and Border Protection regulations, the USPPI or the
authorized agent shall file the EEI as required by Sec. 30.6 and
provide the filing citation to the CBP at least 72 hours prior to
export. The filer must also provide the carrier with the filing
citation as required by paragraph (b) of this section.
(c) * * *
(2) Pipeline filing procedures. USPPIs or authorized agents may
file data elements required by Sec. 30.6 no later than four (4)
calendar days following the end of the month. The operator of a
pipeline may transport goods to a foreign country without the prior
filing of the proof of filing citation, exemption, or exclusion legend,
on the condition that within four (4) calendar days following the end
of each calendar month the operator will deliver to the CBP Port
Director the proof of filing
[[Page 39120]]
citation, exemption, or exclusion legend covering all exports through
the pipeline to each ultimate consignee during the month.
* * * * *
(f) Downtime procedures. The Downtime policy becomes effective when
the Census Bureau has officially notified filers electronically that
the AES and/or AESDirect are not operating and cannot generate ITNs.
(1) If the filer's transmission method to the AES (e.g., certified
software) is unavailable, the filer must delay the export of the goods
or find an available alternative filing method (e.g., AESDirect,
authorized agent). The various AES filing methods include but are not
limited to EDI Bulk Upload, AES WebLink, direct connection to AES via
third party software or self-developed software. See Sec. 30.5(f) for
support.
(2) Except as noted in Sec. 30.4(f)(3), if AES and/or AESDirect is
unavailable, the goods may be exported, and the filer must: (A) Provide
the appropriate downtime citation as described in Sec. 30.7(b) and
appendix B; and (B) Report the EEI at the first opportunity AES or
AESDirect is available.
(3) For export shipments noted in Sec. 30.2(a)(1)(iv), if a filer
is unable to acquire an ITN because the AES and/or AESDirect is not
operating, the filer shall not export until the AES is operating and an
ITN is acquired, and the downtime filing citation shall not be used.
0
6. Amend Sec. 30.5 by revising paragraphs (c)(3)(i)(E) and (F), (d)(1)
and (2), and (f). The revisions read as follows:
Sec. 30.5 Electronic Export Information filing processes and
standards.
* * * * *
(c) * * *
(3) * * *
(i) * * *
(E) The USPPI has failed to comply with existing export regulations
or has failed to pay any outstanding penalties assessed in connection
with such noncompliance;
(F) The USPPI would pose a significant threat to national security
interests such that its continued participation in postdeparture filing
should be terminated; or
* * * * *
(d) * * *
(1) AESDirect usernames and passwords are to be kept secure by the
account administrator and not disclosed to any unauthorized user or any
persons outside the registered company.
(2) Registered companies are responsible for those persons having a
username and password. If an employee with a username and password
leaves the company or otherwise is no longer an authorized user, the
company shall immediately deactivate that username in the system to
ensure the integrity and confidentiality of EEI.
* * * * *
(f) Support. The Census Bureau provides online services that allow
the USPPI and the authorized agent to seek assistance pertaining to the
AES and this part. For AES assistance, filers may send an email to
<a href="/cdn-cgi/l/email-protection#127361797377615271777c6167613c757d64"><span class="__cf_email__" data-cfemail="7f1e0c141e1a0c3f1c1a110c0a0c51181009">[email protected]</span></a>. For FTR assistance, filers may send an email to
<a href="/cdn-cgi/l/email-protection#7d181019531c0e160f181a0e3d1e18130e080e531a120b"><span class="__cf_email__" data-cfemail="0b6e666f256a7860796e6c784b686e65787e78256c647d">[email protected]</span></a>.
0
7. Amend Sec. 30.6 by
0
a. Revising (a)(1), (a)(1)(ii) and (iii), (a)(3), (a)(4), (a)(11),
(a)(13), (b)(2), (b)(4) through (6), and (b)(13); and
0
b. Removing (b)(17).
The revisions read as follows:
Sec. 30.6 Electronic Export Information data elements.
* * * * *
(a) * * *
(1) USPPI. The person in the United States that receives the
primary benefit, monetary or otherwise, from the export transaction.
See Sec. 30.3(b)(2) for scenarios identifying the USPPI. The name,
address of origin, identification number, and contact information of
the USPPI shall be reported to the AES as follows:
* * * * *
(ii) Address of origin. In all EEI filings, the USPPI shall report
the address of origin (no post office box number) from which the goods
actually begin the journey to the port of export even if the USPPI does
not own/lease the facility. For example, the EEI covering goods stored
in inventory at a warehouse in Georgia for transport to Florida for
loading onto a vessel for export to a foreign country shall show the
address of origin of the warehouse in Georgia. For shipments of multi-
addresses of origin, reported as a single shipment, report the address
of origin of the commodity with the greatest value. If such information
is not known, report the address of origin where the commodities are
consolidated for export.
(iii) USPPI identification number. Report the Employer
Identification Number (EIN) of the USPPI. If the USPPI has only one
EIN, report that EIN. If the USPPI has more than one EIN, report the
EIN that the USPPI uses to report employee wages and withholdings, and
not the EIN used to report only company earnings or receipts. Use of
another company's EIN is prohibited. If a USPPI reports a DUNS, the EIN
is also required to be reported. If a foreign entity is in the United
States at the time goods are purchased or obtained for export, the
foreign entity is the USPPI. In such situations, when the foreign
entity does not have an EIN, the authorized agent shall report a border
crossing number, passport number, or any number assigned by U.S.
Customs and Border Protection (CBP) on behalf of the foreign entity.
The appropriate Party ID Type code shall be reported to the AES.
* * * * *
(3) Ultimate consignee. The ultimate consignee is the person
located abroad as known at the time of export who receives the export
shipment. The name and address of the ultimate consignee, whether by
sale in the United States or abroad or by consignment, shall be
reported in the EEI. For example, when there is knowledge of an end
user's name, address and when the end user will receive the goods, the
end user is the ultimate consignee. When the foreign buyer is a
reseller/distributor and the end user's name and address is unknown or
there is no knowledge when the end user will receive the goods from the
foreign buyer, e.g., the goods are stored in inventory, the foreign
buyer is the ultimate consignee. For goods sold en route, report the
appropriate ``To be Sold En Route'' indicator in the EEI, and report
corrected information as soon as it is known (see Sec. 30.9 for
procedures on correcting AES information).
(4) U.S. state of origin. The U.S. state of origin is the 2-
character postal code for the state in which the goods begin their
journey to the port of export. For example, the EEI covering goods
stored in inventory at a warehouse in Georgia for transport to Florida
for loading onto a vessel for export to a foreign country shall show GA
as the state of origin. For shipments of multi-state origin, reported
as a single shipment, report the U.S. state of the commodity with the
greatest value. If such information is not known, report the state in
which the commodities are consolidated for export.
* * * * *
(11) Domestic or foreign indicator. Indicates if the goods exported
are of domestic or foreign origin. Report foreign goods as a separate
line item from domestic goods even if the commodity classification
number is the same. See Sec. 30.1(c) for definitions of domestic and
foreign goods.
* * * * *
(13) Commodity description. Report the description of the goods
shipped in English in sufficient detail to permit
[[Page 39121]]
verification of the Schedule B or HTSUSA number. Clearly and fully
state the name of the commodity in terms that can be identified or
associated with the language used in Schedule B or HTSUSA (usually the
commercial name of the commodity), and any characteristics of the
commodity that distinguish it from commodities of the same name covered
by other Schedule B or HTSUSA classifications. If the shipment requires
a license, the description reported in the EEI shall conform with that
shown on the license. If the shipment is eligible for a license
exception or exemption, the description shall be sufficient to ensure
compliance with that license exception or exemption. However, where the
description on the license does not state all of the characteristics of
the commodity that are needed to completely verify the commodity
classification number, as described in this paragraph, report the
missing characteristics, as well as the description shown on the
license, in the commodity description field of the EEI.
* * * * *
(b) * * *
(2) Intermediate consignee. The name and address of the
intermediate consignee (if any) shall be reported. The intermediate
consignee is the person located abroad and acts as an agent for the
principal party in interest or the ultimate consignee and takes
physical possession of the goods for the purpose of effecting delivery
of goods to the ultimate consignee. The intermediate consignee may be a
foreign forwarding agent or other person abroad who acts as an agent
for a principal party in interest.
* * * * *
(4) Foreign port of unlading. The foreign port of unlading is the
foreign port in the country where the goods are removed from the
exporting conveyance. The foreign port does not have to be located in
the country of ultimate destination. For exports by sea to foreign
countries, not including Puerto Rico, the foreign port of unlading is
the code contained in Schedule K, Classification of Foreign Ports by
Geographic Trade Area and Country. For exports by sea or air between
the United States and Puerto Rico, the foreign port of unlading is the
code provided in Schedule D, Classification of CBP Districts and Ports.
The foreign port of unlading is not required for exports by other modes
of transportation, including rail, truck, mail, fixed (pipeline), or
air (unless between the U.S. and Puerto Rico).
(5) Export license number/CFR citation/Kimberley Process
Certificate (KPC) number. License number, permit number, citation,
certificate number, or authorization number assigned by the Department
of Commerce, BIS; Department of State, DDTC; Department of the
Treasury, OFAC; Department of Justice, DEA; Nuclear Regulatory
Commission; or any other federal government agency. For KPC, rough
diamonds are classified under 6-digit HS subheadings 7102.10, 7102.21,
and 7102.31. Enter the KPC number in the license number field excluding
the 2-digit ISO country code for the United States.
(6) Export Control Classification Number (ECCN). The number used to
identify items on the CCL, Supplement No. 1 to Part 774 of the EAR. The
ECCN consists of a set of digits and a letter. Items that are not
classified under an ECCN are designated ``EAR99''. See Sec. 758.1(g)
of the EAR for ECCN reporting requirements.
* * * * *
(13) Entry number. The entry number must be reported when goods of
foreign origin enter the United States for warehousing (entered into a
bonded warehouse) or are admitted into a FTZ before being exported. For
goods that are exported after entering the United States for
consumption or warehousing, the 11-position entry number as identified
on the CBP-7501 shall be reported. For goods that are exported from a
FTZ, the 9-digit inbond serial number associated with the removal shall
be reported. For all other scenarios where goods are exported after
entering the United States for consumption, the 11-position entry
number as identified on the CBP-7501 may be reported. When the importer
of record on the import entry is the customs broker or foreign person,
the customs broker shall provide the entry number to assist in the
preparation of the EEI (See 15 CFR 30.3(b)(2) and the Note to paragraph
Sec. 30.3(b)(2)(iv)).
* * * * *
0
8. Amend Sec. 30.8 by revising the introductory text. The revision
reads as follows:
Sec. 30.8 Time and place for presenting proof of filing citations and
exemption legends.
The following conditions govern the time and place to present the
proof of filing, postdeparture, or downtime citations or exclusion or
exemption legends. The USPPI or the authorized agent is required to
deliver the proof of filing, postdeparture, or downtime citations or
exclusion or exemption legends required in Sec. 30.7 to the exporting
carrier. See Appendix B of this part for the properly formatted proof
of filing, postdeparture, or downtime citations and exclusion or
exemption legends. Failure of the USPPI or authorized agent to comply
with these requirements constitutes a violation of the regulations in
this part and renders such principal party or the authorized agent
subject to the penalties provided for in Subpart H of this part.
* * * * *
0
9. Amend Sec. 30.10 by revising paragraph (a) and adding a Note to
paragraph (a). The revision and addition read as follows:
Sec. 30.10 Retention of export information and the authority to
require production of documents.
(a) Retention of export information. All parties to the export
transaction (USPPIs, FPPIs, authorized agents, and/or owners and
operators of export carriers) shall retain documents pertaining to the
export shipment for five years from the date of export. If the
Department of State or other regulatory agency has recordkeeping
requirements for exports that exceed the retention period specified in
this part, then those requirements prevail. The USPPI or the authorized
agent may request a copy of the electronic record or submission from
the Census Bureau as provided for in Subpart G of this part. The Census
Bureau's retention and maintenance of AES records does not relieve
filers from requirements in Sec. 30.10.
Note to paragraph (a) of this section: As set forth in Sec.
30.60(c)(4), the USPPI, the authorized agent, or a representative of
the USPPI shall not disclose the EEI to a foreign person or foreign
government, including the foreign entity as the USPPI or the FPPI.
For items in this section, a foreign entity as the USPPI and the
FPPI shall retain documents pertaining to the export shipment as a
party to the export transaction; however, the EEI shall not be
disclosed to a foreign person or foreign government either in whole
or in part.
* * * * *
0
10. Amend Sec. 30.17 by revising the introductory text. The revision
reads as follows:
Sec. 30.17 Customs and Border Protection regulations.
Refer to the DHS's CBP regulations, 19 CFR part 192, for
information referencing the advanced electronic submission of cargo
information on exports for screening and targeting purposes pursuant to
the Trade Act of 2002. The regulations also prohibit postdeparture
filing of export information for certain shipments and
[[Page 39122]]
contain other regulatory provisions affecting the reporting of EEI.
Sec. 30.18 [Amended]
0
11. Amend Sec. 30.18 by removing paragraph (c).
0
12. Amend Sec. 30.26 by revising paragraph (b).
The revision reads as follows:
Sec. 30.26 Reporting of vessels, aircraft, cargo vans, and other
carriers and containers.
* * * * *
(b) The country of ultimate destination to be shown in the EEI for
vessels exported for sale is the country of new ownership. The country
for which the vessel clears, or the country of registry of the vessel,
should not be reported as the country of ultimate destination in the
EEI unless such country is the country of new ownership.
0
13. Amend Sec. 30.29 by revising paragraphs (a)(1) and (2). The
revisions read as follows:
Sec. 30.29 Reporting of repairs and replacements.
* * * * *
(a) * * *
(1) The return of goods not licensed by a U.S. Government agency
and not subject to the ITAR, temporarily imported for repair and
alteration, and declared as such on importation as described in Sec.
30.53 shall have Schedule B number 9801.10.0000. The value reported
shall be parts and labor, plus inland or domestic freight, insurance,
and other charges to the U.S. seaport, airport, or land border port of
export. The value of the original product shall not be included. If the
value is over $2,500, then EEI must be filed.
(2) The return of goods licensed by a U.S. Government agency or
subject to the ITAR, temporarily imported for repair or alteration, and
declared as such on importation as described in Sec. 30.53 shall have
Schedule B number 9801.10.0000. In the value field, report the value of
the parts and labor, plus inland or domestic freight, insurance, and
other charges to the U.S. seaport, airport, or land border port of
export. In the license value field, report the value designated on the
export license that corresponds to the commodity being exported if
required by the licensing agency. EEI must be filed regardless of
value.
* * * * *
Sec. 30.36 [Amended]
0
14. Amend Sec. 30.36 by removing paragraphs (b)(3) through (7).
0
15. Amend Sec. 30.37 by revising paragraph (a).
The revision reads as follows:
Sec. 30.37 Miscellaneous exemptions.
* * * * *
(a) Exports of commodities where the value of the commodities
shipped from one USPPI to one ultimate consignee on a single exporting
conveyance classified under an individual Schedule B number or HTSUSA
commodity classification code is $2,500 or less. This exemption applies
to individual Schedule B numbers or HTSUSA commodity classification
codes regardless of the total shipment value. In instances where a
shipment contains a mixture of individual Schedule B numbers or HTSUSA
commodity classification codes valued at $2,500 or less and individual
Schedule B numbers or HTSUSA commodity classification codes valued over
$2,500, only those Schedule B numbers or HTSUSA commodity
classification codes valued over $2,500 are required to be reported. If
the filer reports multiple items of the same Schedule B number or
HTSUSA commodity classification code, this exemption only applies if
the total value of exports for the Schedule B number or HTSUSA
commodity classification code is $2,500 or less. Items of domestic and
foreign origin under the same commodity classification number must be
reported separately and EEI filing is required when either is over
$2,500. For the reporting of household goods see Sec. 30.38.
* * * * *
0
16. Amend Sec. 30.39 by revising the introductory text. The revision
reads as follows:
Sec. 30.39 Special exemptions for shipments to the U.S. Armed
Services.
Except as noted in Sec. 30.2(a)(1)(iv), filing of EEI is not
required for any commodities, whether shipped commercially or through
government channels, consigned to the U.S. Armed Services for their
exclusive use, including shipments to armed services exchange systems.
This exemption does not apply to articles that are on the USML and thus
controlled by the ITAR and/or shipments that are not consigned to the
U.S. Armed Services, regardless of whether they may be for their
ultimate and exclusive use.
0
17. Amend Sec. 30.51 by revising the introductory text. The revision
reads as follows:
Sec. 30.51 Statistical information required for import entries.
The information required for statistical purposes is, in most
cases, also required by CBP regulations for other purposes. Refer to
the CBP website at <a href="http://cbp.gov">cbp.gov</a> to download ``Instructions for Preparation
of CBP-7501'' for completing the entry summary documentation (CBP Form-
7501). Refer to the Customs and Trade Automated Interface Requirements
for instructions on submitting an Automated Commercial Environment
(ACE) Automated Broker Interface (ABI) electronic record or
instructions for completing CBP-226 for declaring any equipment, repair
parts, materials purchased, or expense for repairs incurred outside of
the United States.
0
18. Amend Sec. 30.52 by revising the introductory text.
The revision reads as follows:
Sec. 30.52 Foreign Trade Zones (FTZ).
When goods are withdrawn from a FTZ for export to a foreign
country, the export shall be reported in accordance with Sec. 30.2.
Foreign goods admitted into FTZs shall be reported as a general import.
Statistical requirements for zone admissions are provided to the Census
Bureau via CBP's ABI electronic 214 (e214) program or the CBP Form 214A
Application for Foreign Trade Zone Admission and/or Status Designation.
Refer to the CBP website at <a href="http://cbp.gov">cbp.gov</a> to download the ``Foreign Trade
Zone Manual'' that includes the CBP Form 214--Application for FTZ
Admission (Appendix A) and Instructions for filling out the 214
(Appendix B). When goods are withdrawn from a FTZ to be entered for
consumption or entered into a bonded warehouse, the withdrawal from the
FTZ shall be reported on CBP Form 7501 or through the appropriate entry
documents, or their electronic equivalents, in accordance with CBP
regulations. The instructions and definitions for completing the e214
are provided in 19 CFR 146. The following data items are required to be
filed on Form 214A for statistical purposes:
* * * * *
0
19. Amend Sec. 30.60 by revising paragraphs (b)(1)(vii), and (c)(1),
(2), and (4).
The revisions read as follows:
Sec. 30.60 Confidentiality of Electronic Export Information.
* * * * *
(b) * * *
(1) * * *
(vii) Analyzing the impact of proposed and implemented trade
agreements and fulfilling U.S. obligations under such agreements; and
* * * * *
(c) * * *
(1) Any purpose related to the collection of domestic or foreign
taxes,
[[Page 39123]]
or other fees, except as related to paragraph (b)(1)(vi) of this
section.
(2) For export promotion or similar types of marketing operations.
This limitation does not preclude the use of the information to monitor
compliance with agricultural marketing orders and export quality
compliance programs.
* * * * *
(4) To foreign persons or foreign governments for any purpose,
including the foreign entity as the USPPI or the FPPI.
* * * * *
0
20. Amend Sec. 30.61 by revising the introductory text and paragraphs
(a) and (b).
The revisions read as follows:
Sec. 30.61 Statistical classification schedules.
The following statistical classification schedules are referenced
in this part. These schedules may be accessed through the Census
Bureau's website at <a href="http://www.census.gov/trade">http://www.census.gov/trade</a>.
(a) Schedule B--Statistical Classification for Domestic and Foreign
Commodities Exported from the United States shows the detailed
commodity classification requirements and 10-digit statistical
reporting numbers to be used in preparing EEI as required by these
regulations.
(b) Harmonized Tariff Schedule of the United States shows the 10-
digit statistical reporting number to be used in preparing import
entries and withdrawal forms.
* * * * *
0
21. Amend Sec. 30.71 by revising paragraph (a)(2).
The revision reads as follows:
Sec. 30.71 False or fraudulent reporting on or misuse of the
Automated Export System.
(a) * * *
(2) Furtherance of illegal activities. Any person, including
USPPIs, authorized agents, or carriers, who knowingly reports, directly
or indirectly, to the U.S. Government any information through or
otherwise uses the AES to further any illegal activity shall be subject
to account deactivation, a fine not to exceed $10,000, imprisonment for
not more than five years, or any or all of these penalties for each
violation.
* * * * *
0
22. Amend Sec. 30.74 by revising paragraphs (b)(4) and (d).
The revisions read as follows:
Sec. 30.74 Voluntary self-disclosure.
* * * * *
(b) * * *
(4) Any person, including USPPIs, authorized agents, or carriers,
will not be deemed to have made a voluntary self-disclosure under this
section unless the individual making the disclosure did so with the
full knowledge and authorization of senior management. The Census
Bureau will not accept a voluntary self-disclosure from a FPPI or legal
counsel or other party representing a FPPI.
* * * * *
(d) Action by the Census Bureau. After the Census Bureau has been
provided with the required narrative, it may promptly notify CBP, ICE,
and BIS's Office of Export Enforcement (OEE) of the voluntary
disclosure, acknowledge the disclosure by letter, provide the person
making the disclosure with a point of contact, and take whatever
additional action, including further investigation, it deems
appropriate. As quickly as the facts and circumstances of a given case
permit, the Census Bureau may take any of the following actions:
(1) Inform the person or company making the voluntary self-
disclosure of the action to be taken.
(2) Issue a letter in response to the voluntary self-disclosure.
(3) Refer the matter, if necessary, to the OEE for the appropriate
action.
0
23. Amend Appendix B to part 30 by revising the entries for ``X.
Miscellaneous Exclusion Statements'' and ``XI. Split Shipments''.
The revisions read as follows:
Appendix B to Part 30--AES Filing Citation, Exemption and Exclusion
Legends
* * * * *
------------------------------------------------------------------------
------------------------------------------------------------------------
X. Miscellaneous Exclusion Statements are NOEEI Sec. 30.2(d) (site
found in 15 CFR part 30 subpart A Sec. corresponding number).
30.2(d).
XI. Split Shipments Split Shipments should AES ITN SS Example: AES
be referenced as such on the manifest in X20170101987654 SS.
accordance with provisions contained in
Sec. 30.28, Split Shipments. The
notation should be easily identifiable on
the manifest. It is preferable to include
a reference to a split shipment in the
exemption statements cited in the example,
the notation ``SS'' should be included at
the end of the appropriate exemption
statement.
------------------------------------------------------------------------
0
24. Add Appendix C to part 30.
Appendix C to Part 30--Party Responsibilities for Data Elements in
Routed Export Transactions
------------------------------------------------------------------------
Responsibility of the
Responsibility of the USPPI 30.3(e)(1) authorized agent 30.3(e)(2)
------------------------------------------------------------------------
(A) Name, address of origin, contact (A) Date of export
name and contact phone of the USPPI [30.6(a)(2)].
[30.6(a)(1)].
(B) USPPI identification number (B) Ultimate consignee
[30.6(a)(1)]. [30.6(a)(3)].
(C) U.S. State of origin [30.6(a)(4)].. (C) Ultimate consignee type
[30.6(a)(28)].
(D) Domestic or foreign indicator (D) Country of ultimate
[30.6(a)(11)]. destination [30.6(a)(5)].
(E) Commodity classification number (E) Method of transportation
[30.6(a)(12)]. [30.6(a)(6)].
(F) Commodity description [30.6(a)(13)] (F) Conveyance name/carrier
name [30.6(a)(7)].
(G) Primary unit of measure (G) Carrier identification
[30.6(a)(14)]. [30.6(a)(8)].
(H) Primary quantity [30.6(a)(15)]..... (H) Port of export
[30.6(a)(9)].
(I) Value [30.6(a)(17)]................ (I) Related party indicator
[30.6(a)(10)].
(J) Export information code (J) Shipping weight
[30.6(a)(18)]. [30.6(a)(16)].
(K) Hazardous material indicator (K) Shipment Reference Number
[30.6(a)(21)]. [30.6(a)(19)].
(L) Inbond code [30.6(a)(22)].......... (L) License code/license
exemption code [30.6(a)(23)].
(M) License code/license exemption code (M) Routed export transaction
[30.6(a)(23)]. indicator [30.6(a)(24)].
(N) FTZ identifier, if applicable. (N) Filing option indicator
[30.6(b)(3)]. [30.6(a)(27)].
(O) Export license number/CFR citation/ (O) Authorized agent and
KPC number, if applicable. authorized agent
[30.6(b)(5)]. identification [30.6(b)(1)].
[[Page 39124]]
(P) Export Control Classification (P) Intermediate consignee, if
Number (ECCN), if applicable. applicable. [30.6(b)(2)].
[30.6(b)(6)].
(Q) Secondary units of measure, if (Q) Foreign port of unlading,
applicable. [30.6(b)(7)]. if applicable. [30.6(b)(4)].
(R) Secondary quantity, if applicable. (R) Export license number/CFR
[30.6(b)(8)]. citation/KPC number, if
applicable. [30.6(b)(5)].
(S) Vehicle Identification Number (VIN)/ (S) Transportation Reference
Product ID, if applicable. Number, if applicable.
[30.6(b)(9)]. [30.6(b)(14)].
(T) Vehicle ID qualifier, if (T) License value, if
applicable. [30.6(b)(10)]. applicable. [30.6(b)(15)].
(U) Vehicle title number, if ...............................
applicable. [30.6(b)(11)].
(V) Vehicle title state code, if ...............................
applicable. [30.6(b)(12)].
(W) Entry number, if applicable. ...............................
[30.6(b)(13)].
(X) License value, if applicable. ...............................
[30.6(b)(15)].
------------------------------------------------------------------------
Note to Appendix C: For the License code/license exemption code,
Export license number/CFR citation/KPC number, Export Control
Classification Number (ECCN), and License value where the FPPI has
assumed responsibility for determining and obtaining license
authority, see requirements set forth in 15 CFR 758.3 of the EAR.
When accessing routed export transactions reported on the EEI in
AES, the USPPI will be limited to viewing in an AES report in ACE
only the data elements in Appendix C, Date of export, Filer ID, the
ITN, and any approved system generated data elements.
Ron Jarmin, Acting Director, Census Bureau, approved the
publication of this notice in the Federal Register.
Dated: August 11, 2025.
Shannon Wink,
Program Analyst, Policy Coordination Office, U.S. Census Bureau.
[FR Doc. 2025-15493 Filed 8-13-25; 8:45 am]
BILLING CODE 3510-07-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.