341 Subpart F—General Requirements—Importers
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Census Bureau, Commerce § 30.70 (2) Shipments of USML articles must tors of the exporting carriers and U.S. meet the predeparture reporting re- principal party and/or the authorized quirements in the ITAR (22 CFR parts agents) must retain documents or 120–130). records pertaining to the shipment for (3) For shipments of rough diamonds, five (5) years from the date of export. the proof of filing citation shall in- CBP, the Census Bureau, and other par- clude the statement, ‘‘NO SED RE- ticipating agencies may require that QUIRED—AES,’’ followed by the re- these documents be produced at any turned confirmation number provided time within the 5-year time period for by the AES when the transmission is inspection or copying. These records accepted, referred to as the ITN. The ITN is required to be shown on the may be retained in an elected format, Kimberley Process Certificate for all including electronic or hard copy as exports (reexports) of rough diamonds provided in the applicable agency’s reg- to certify that the diamonds have been ulations. Acceptance of the documents controlled through the Kimberley by CBP or the Census Bureau does not Process Certification Scheme, as de- relieve the USPPI or the authorized fined in section 3 of Public Law 108–19 agent from providing complete and ac- of the Clean Diamond Trade Act and curate information after the fact. The implemented in the Rough Diamonds Department of State or other regu- Control Regulations (31 CFR part 592). latory agencies may have additional (4) For USPPIs who have been ap- recordkeeping requirements for ex- proved to participate in Filing Option ports. 4, the exemption statement, ‘‘NO SED REQUIRED-AES4,’’ followed by the [68 FR 42542, July 17, 2003] USPPI’s EIN followed by the filer’s identification number if other than the Subpart F—General USPPI files the data. Requirements—Importers [68 FR 42542, July 17, 2003, as amended at 68 FR 59879, Oct. 20, 2003] SOURCE: 41 FR 9134, Mar. 3, 1976, unless oth- erwise noted. Redesignated at 64 FR 40977, § 30.66 Support, documentation and July 28, 1999. recordkeeping requirements. (a) Support. [email protected] is an § 30.70 Statistical information re- online service that allows electronic quired on import entries. filers to seek assistance pertaining to Information for statistics on mer- AES. AESDirect is supported by a help chandise entering the United States desk available twelve (12) hours a day, from foreign countries, U.S. Foreign seven (7) days a week. Trade Zones, and from the Virgin Is- (b) Documentation. Filers using the lands of the United States, and other AESDirect are able to print out from nonforeign areas (except Puerto Rico), the AESDirect a validated record of the filer’s submission. Filers using AES are is required to be reported by importers able to print records containing date of on the following CBP entry and with- submission and a unique identification drawal forms respectively required by number for each AES record submitted. U.S. CBP regulations for individual The Census Bureau will maintain an transactions: Custom Forms 7500, 7501, electronic file of data sent through 7502, 7505, 7506, 7519, 7521, and 7535, and AES to ensure that an individual is on CBP Form 7512 when used as an able to receive from the system, a vali- intransit entry to document immediate dated record of the submission. The exportation or transportation and ex- USPPI or the authorized agent of the portation. Upon request, the importer USPPI or the authorized agent of the or import broker must provide the Cen- foreign principal party in interest may sus Bureau with information or docu- request a copy of the electronic record mentation necessary to verify the ac- submitted as provided for in § 30.91 of curacy or resolve problems regarding this part. (c) Recordkeeping. All parties to the export transaction (owners and opera- 341 VerDate Aug<31>2005 03:32 Feb 18, 2007 Jkt 211048 PO 00000 Frm 00351 Fmt 8010 Sfmt 8010 Y:\SGML\211048.XXX 211048 § 30.70 15 CFR Subtitle B, Ch. I (1–1–07 Edition) the reported import transaction re- dise after the initial unlading in the ceived by the Census Bureau. The fol- United States. lowing items of information for statis- (4) For merchandise arriving in the tics shall be reported on the respective United States by means of transpor- forms: 7 tation other than vessel or air, the (a) District and port code. (All forms.) means of transportation from the for- The CBP district code number and the eign country is required, in such terms port code number (as shown in Sched- as ‘‘parcel post,’’ ‘‘registered mail,’’ ule D, Classification of CBP Districts and ‘‘railroad,’’ ‘‘trucks,’’ ‘‘pipeline,’’ etc. Ports) for the CBP port of entry or fil- (c) Foreign port of lading. (1) (CBP ing shall be supplied. (Where CBP does Forms 7501, 7502, 7512 and 7521.) For not require that the District and Port merchandise arriving in the United codes be inserted by importers, the States by vessel or air, the name and codes will be filled in by CBP so that country of the foreign port at which all entries and withdrawals received by the merchandise was actually loaded the Bureau of the Census will bear on the vessel or aircraft that carried these codes.) the merchandise to the United States (b) Importing vessel or carrier. (Not re- is required. This information is not re- quired for merchandise entering U.S. quired for merchandise entering the CBP territory from U.S. Foreign Trade U.S. CBP territory from a U.S. Foreign Zones.) (1) (CBP Forms 7501, 7502, 7512, Trade Zone. For shipments originating and 7521.) Information is required as to in either Canada or Mexico by rail, the carrier or means of transportation truck, pipeline, or other nonvessel/ by which the merchandise was trans- nonair mode of transportation, supply ported from a foreign country to the the name of the province (Canada) or first port of unloading in the United state (Mexico) where the merchandise States. If the merchandise has been was first loaded for exportation to the further transported in bond between United States. ports in the United States after having (2) For merchandise transshipped been unladen from the carrier on which overseas in the course of shipment to it arrived in the United States, the the United States, whether or not cov- name of the domestic carrier shall not ered by a through bill of lading, the in- be substituted, and the information formation furnished shall reflect only furnished shall reflect the name of the the foreign port at which the merchan- carrier or means of transportation by dise was loaded on the vessel, aircraft, which the merchandise arrived in the or other carrier which transported it to first U.S. port of unlading. the first U.S. port of unlading. Neither (2) For merchandise arriving in the the foreign port of original lading nor United States by vessel, the name of any port of lading other than the last the importing vessel is required. The foreign port of lading shall be sub- importing vessel is the vessel which stituted. When a single CBP form cov- transported the merchandise from the ers merchandise loaded at more than foreign port of lading to the first U.S. one foreign port, the foreign port of port of unlading. lading shall be indicated separately in (3) For merchandise arriving in the the ‘‘Marks and numbers and Country United States by air, the name and na- of origin’’ column immediately below tionality of the importing airline is re- the Country of origin designation and quired. The importing airline is the on the same line as the merchandise airline which carried the merchandise laden at each foreign port. from the foreign port of lading to the (3) For merchandise entering the U.S. first U.S. port of unlading, and not a CBP territory from a U.S. Foreign domestic airline carrying the merchan- Trade Zone, the number of the Foreign Trade Zone, preceded by the letters 7 The information required for statistical ‘‘FTZ’’ shall be shown in this space. purposes is in most cases also required by (d) U.S. port of unlading. (Not re- CBP regulations for other purposes. (See § 30.80 for special reporting instructions for quired for merchandise entering U.S. merchandise entering United States CBP CBP territory from U.S. Foreign Trade Territory from United States Foreign Trade Zones.) (1) (CBP Forms 7501, 7502, 7512, Zones.) and 7521.) For merchandise arriving in 342 VerDate Aug<31>2005 03:32 Feb 18, 2007 Jkt 211048 PO 00000 Frm 00352 Fmt 8010 Sfmt 8010 Y:\SGML\211048.XXX 211048 Census Bureau, Commerce § 30.70 the United States by vessel or air, the or material added to an article in an- U.S. port (as listed in Schedule D) at other foreign country or the Virgin Is- which the merchandise was unloaded lands of the United States must effect from the importing vessel or aircraft is a substantial transformation in order required, whether or not such port is a to render such other country the CBP port of entry. (For example, if ‘‘country of origin.’’ Such substantial entry is filed at the Port of Los Ange- transformations include smelting of les for merchandise unloaded from the ores, refining of crude products, and importing vessel at Long Beach, Cali- the like. The country of origin is not fornia, the entry should show Long changed when the merchandise is sub- Beach as the port of unlading.) jected in another country merely to (2) When merchandise is transported minor manipulations, such as sorting, in bond from the U.S.