Notice2025-17568
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
September 11, 2025
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 extension of 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 90 Issue 174 (Thursday, September 11, 2025)</title>
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[Federal Register Volume 90, Number 174 (Thursday, September 11, 2025)]
[Notices]
[Pages 44003-44005]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17568]
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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, Department of 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 extension of 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 November 10, 2025.
ADDRESSES: Interested persons are invited to submit written comments by
email to <a href="/cdn-cgi/l/email-protection#4115292e2c20326f0b6f122c2835290122242f3234326f262e37"><span class="__cf_email__" data-cfemail="e4b08c8b898597caaecab7898d908ca487818a979197ca838b92">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#de8e8c9fbdb1b3b3bbb0aaad9ebab1bdf0b9b1a8"><span class="__cf_email__" data-cfemail="0b5b594a686466666e657f784b6f6468256c647d">[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-2025-0138, to the Federal e-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. All comments received are part of the public
record. No comments will be posted to <a href="http://www.regulations.gov">http://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, Assistant Division Chief, Data User and Respondent
Outreach, 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#204b49455348410e444f574e536043454e5355530e474f56"><span class="__cf_email__" data-cfemail="543f3d31273c357a303b233a271437313a2721277a333b22">[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 and these data are the
basis for the official U.S. trade statistics on exports of commodities.
These statistics 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 (BIS) and Security, U.S.
Customs and Border 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.
Additionally, the data enables U.S. businesses to develop practical
export marketing strategies as well as provide a means for the
assessment of the impact of exports on the domestic economy.
The Census Bureau recognizes that any FTR revisions must maintain
our ability to collect, compile, and deliver complete, accurate, and
timely trade statistics while also supporting export control and
enforcement efforts. To that end, on May 3, 2023, the Census Bureau
issued a Notice of Proposed Rule Making (NPRM) titled ``Foreign Trade
Regulations (FTR): State Department Directorate of Defense Trade
Controls Filing Requirement and Clarifications to Current
Requirements.'' The NPRM proposed to amend its regulations to reflect
new export reporting requirements related to the U.S. Department of
State, Directorate of Defense Trade Controls (DDTC) Category XXI
Determination Number. Specifically, the Census Bureau proposed to add a
conditional data element, DDTC Category XXI Determination Number, when
``21'' is selected in the DDTC United States Munitions List (USML)
Category Code field in the AES to represent USML Category XXI. This
change was proposed to prevent a subset of exporters from using the
incorrect USML category codes. These changes outlined in this NPRM were
subsequently implemented in the final rule issued on August 10, 2023.
This rule also implemented corrective changes to the FTR, including
revised International Traffic in Arms Regulations (ITAR) references for
existing data elements such as the DDTC Significant Military Equipment
Indicator and DDTC Eligible Party Certification Indicator, along with
other remedial modifications originally proposed in the NPRM published
on December 15, 2021, titled ``Foreign Trade Regulations (FTR): New
Filing Requirement and Clarifications to Current Requirements''. Once
implemented, the improper use of DDTC Category XXI significantly
decreased and as a result the number of shipments went from
approximately 77,000 prior to the implementation of this rule (January
2023 to August 2023) to three during the same period in 2025. These
changes did not impact the reporting burden for the export trade
community as only a subset of exporters were impacted; however, the
rule increased the accuracy of the data collected and improved export
compliance with the ITAR.
In the NPRM published on December 15, 2021, the Census Bureau also
proposed adding the country of origin as a conditional data element.
This field would only be required when foreign origin is selected in
the Foreign/Domestic Origin Indicator field in the AES. Currently,
foreign trade statistics lack the detail needed to identify domestic
production gaps, evaluate supply chain vulnerabilities, or effectively
address trade imbalances. The collection of country of origin would
allow the Census Bureau to improve its foreign trade data products used
by both internal and external stakeholders. After publication, the
Census Bureau received multiple comments expressing concerns about the
regulatory burden this new requirement would place on the trade
community. The Census Bureau evaluated the comments and considered a
different regulatory approach to
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address the concerns regarding the addition of the country of origin
field based on suggestions from the trade community. The Census Bureau
published an NPRM titled ``Foreign Trade Regulations (FTR):
Clarification of Filing Requirements Regarding In-transit Shipments and
other FTR Provisions'' on October 31, 2024, in an attempt to do so.
In this rule, the Census Bureau proposed to revise the existing
conditional data element for entry number to require the entry number
when foreign origin goods are entered into the United States for
consumption or warehousing and then stored in a warehouse or storage
facility or admitted into a FTZ before being exported. It was
determined that the entry number field would provide the Census Bureau
with the necessary link to CBP entry data in order to derive the
country of origin from existing data as opposed to collecting it
through a new field. In addition to proposing an alternative means of
collecting country of origin, the NPRM proposed to clarify its
regulations governing in-transit shipments from foreign countries
through the United States that are subsequently exported to a foreign
destination and revise several regulatory sections, including
definitions, 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.
Despite the proposed alternative to use the existing entry number
field, the trade community further disagreed that entry number would
not be a viable solution as there were burdens with this requirement as
well. The concerns identified were related to cost and operational
challenges, software system limitations, and the inability to identify
a one-to-one relationship between the admission of goods to an FTZ and
the entire shipment of goods exported. The comments indicated that the
Census Bureau should add a country of origin data element as was
originally proposed in 2021 in lieu of requiring the entry number
field. The Census Bureau appreciates the trade community's concern that
the proposed entry number requirement could potentially create
reporting challenges and result in inaccurate or missed data. The
Census Bureau also appreciates the trade community's reconsideration of
reporting country of origin and supports the suggestions to collect the
country of origin field instead of utilizing the entry number field.
Additionally, previous OMB Clearance Packages highlighted concerns
about the continued inclusion of the State of Origin field in the AES.
Members of the trade community recommended the State of Origin field be
removed because it is duplicative information that is captured in the
previously named Address of the USPPI section. This concern was also
highlighted in the comments received from the NPRM issued October 31,
2024. Acknowledging the redundancy between the USPPI address and the
state of origin fields, the Census Bureau addressed this in the NPRM by
renaming Address of the USPPI to Address of Origin in both the FTR and
the AES. The revised naming convention provides greater clarity by
making the naming convention more intuitive, which will closer align
with what was already required--the filer must report the address of
origin based on the location where goods begin their journey to the
port of export as opposed to the headquarters address. To enhance
awareness of this requirement, the Census Bureau launched several
outreach initiatives targeting the trade community who received AES
compliance alert 26C, which were triggered when the State of Origin and
formerly named Address of the USPPI did not match.
The changes outlined in this NPRM were subsequently implemented in
the final rule issued on August 14, 2025, with the exception of the
entry number provision as discussed previously. Instead, the Census
Bureau clarified the current definition for entry number and confirmed
its intent to collect country of origin data element. The Census Bureau
will issue a separate rule to address the implementation of a country
of origin data element at a later time. Additionally, the Census Bureau
acknowledges the duplicative nature of the State of Origin data element
and plans to revisit this issue in a future rule as well. Overall,
these changes did not impact the reporting burden of the export trade
community.
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. Additionally, an AES record is required for the
export of rough diamonds, used self-propelled vehicles, exports
requiring an export license from any government agency, exports
controlled by the ITAR, or exports that meet certain mandatory filing
requirements defined by the BIS under the Export Administration
Regulations. 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 12 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,
[[Page 44005]]
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 develop 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 issued an NPRM for Rail Cargo and
continues to work on air, truck, and ocean cargo. Operational guidance
and implementation of each mode is still under development from CBP.
The Census Bureau continues evaluating the collection of data from the
electronic export rail and vessel manifest for filings received in the
pilot program. 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
The Department of Commerce (DOC) has maintained authorization since
1999 to publish steel mill product import data prior to the standard
monthly trade statistics publication. To effectively monitor steel
imports, the International Trade Administration depends extensively on
preliminary steel mill import statistics supplied by the Census Bureau.
This early access enables industry stakeholders to detect emerging
trends and potential trade pattern changes, facilitating timely
responsive measures. Following the 2019 AES Program revisions, the
Census Bureau no longer requires separate annual OMB approval for early
release of preliminary steel mill import statistics, as this
authorization is now incorporated within the current clearance.
The Foreign Trade Regulations (FTR), subpart F, establishes general
requirements for submitting import entries to CBP through the ACE
system under 19 CFR provisions, which serves as the data source for
steel mill product import information.
III. Data
OMB Control Number: 0607-0152.
Form Number(s): Automated Export System.
Type of Review: Regular submission, Request for an Extension,
without Change, of a Currently Approved Collection.
Affected Public: Exporters, Export Carriers, Forwarding and/or
Authorized agents.
Estimated Number of Respondents: 278,207 respondents resulting in
16,768,118 annual responses.
Estimated Time per Response: 3 minutes per AES submission.
Estimated Total Annual Burden Hours: 838,406.
Estimated Total Annual Cost to Public: $ 22,335,136.
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, 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,
Departmental PRA Compliance Officer, Office of the Under Secretary for
Economic Affairs, Commerce Department.
[FR Doc. 2025-17568 Filed 9-10-25; 8:45 am]
BILLING CODE 3510-07-P
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