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Foreign Trade Regulations (FTR): Mandatory Automated Export System Filing for All Shipments

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Foreign Trade Regulations (FTR): Mandatory Automated Export System Filing for All Shipments Vol. 76 Friday No. 14 January 21, 2011 Part III Department of Commerce Census Bureau 15 CFR Part 30 Foreign Trade Regulations (FTR): Mandatory Automated Export System Filing for All Shipments Requiring Shipper’s Export Declaration Information: Proposed Substantive Changes and Corrections; Proposed Rule VerDate Mar 15 2010 19:54 Jan 20, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 7217 Sfmt 7217 E:\FR\FM\PARTS3.XXX PARTS3 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS NARA.EPS FR.EPS 4002 Federal Register / Vol. 76, No. 14 / Friday, January 21, 2011 / Proposed Rules DEPARTMENT OF COMMERCE comments (enter N/A in the required • Revise § 30.1(c) to add the terms fields, if you wish to remain and definitions for ‘‘Commercial loading Bureau of the Census anonymous). You may submit document,’’ ‘‘Diplomatic pouch,’’ attachments to electronic comments in ‘‘Electronic CBP Form 214 Admissions 15 CFR Part 30 Microsoft Word, Excel, WordPerfect, or (e214),’’ ‘‘Filer ID,’’ ‘‘Foreign port of [Docket Number 100318153–0154–01] Adobe PDF file formats only. unlading,’’ ‘‘Household goods,’’ FOR FURTHER INFORMATION CONTACT: ‘‘International waters,’’ ‘‘Issued RIN Number 0607–AA50 William G. Bostic, Jr., Assistant Director banknote,’’ ‘‘Mass-market software,’’ ‘‘Non Vessel Operating Common Carrier Foreign Trade Regulations (FTR): for Economic Programs, U.S. Census (NVOCC),’’ ‘‘Shipping documents,’’ Mandatory Automated Export System Bureau, Room 8K108, Washington, DC ‘‘Transshipment,’’ ‘‘Value,’’ and Filing for All Shipments Requiring 20233–6010, by phone (301) 763–8842, ‘‘Voluntary self-disclosure’’ to clarify the Shipper’s Export Declaration by fax (301) 763–4967, or by e-mail [email protected]. use of these terms in the FTR. Information: Proposed Substantive • In § 30.1(c), revise the definition for Changes and Corrections SUPPLEMENTARY INFORMATION: ‘‘AES downtime filing citation’’ to clarify that the downtime citation cannot be AGENCY: Bureau of the Census, Background Commerce Department. used when the filer’s system is down or ACTION: Notice of proposed rulemaking. The Census Bureau is responsible for experiences delays. collecting, compiling, and publishing • In § 30.1(c), revise the definition for SUMMARY: The U.S. Census Bureau export trade statistics for the United ‘‘Annotation’’ by removing the reference (Census Bureau) proposes to amend its States under the provisions of Title 13, to an exclusion legend and to add the regulations to reflect new export United States Code (U.S.C.), Chapter 9, word ‘‘commercial’’ prior to the words reporting requirements. Specifically, the Section 301. The AES is the primary ‘‘loading documents.’’ This revision is Census Bureau is proposing to require instrument used for collecting export necessary to clarify that the exclusion mandatory filing of export information trade data, which is used by the Census legend is no longer required and to note through the Automated Export System Bureau for statistical purposes only. that the FTR only references commercial (AES) or through AESDirect for all Through the AES, the Census Bureau loading documents; therefore, the word shipments of used self-propelled collects Electronic Export Information ‘‘commercial’’ is added before all vehicles, temporary exports and (EEI), the electronic equivalent of the references to the words ‘‘loading household goods. The Census Bureau is export data formerly collected on the documents.’’ also proposing to modify the Shipper’s Export Declaration, reported • In § 30.1(c), revise the definition for postdeparture filing program by pursuant to Title 15 Code of Federal ‘‘Automated Export System Trade changing the filing time frame from ten Regulations (CFR) Part 30. The EEI Interface Requirements (AESTIR)’’ to (10) calendar days to five (5) calendar consists of data elements set forth at 15 clarify that the document also includes days and only allowing postdeparture CFR 30.6 for an export shipment, and technical requirements. • reporting for approved commodities. In includes information such as the In § 30.1(c), remove the definition addition to the new export reporting exporter’s personal identifying for ‘‘Automated Foreign Trade Zone requirements and the modifications to information, which includes name, Reporting Program (AFTZRP)’’ because the postdeparture filing program, the address and identification number, and the program is no longer in existence. proposed rule would make remedial detailed information concerning the The definition for ‘‘Electronic CBP Form changes to the FTR to improve clarity exported product. Other Federal 214 Admissions (e214)’’ is added to government agencies use the EEI for replace the AFTZRP. and to correct errors. These changes are • discussed in detail in the export control purposes to detect and In § 30.1(c), add the term and SUPPLEMENTARY INFORMATION section. prevent the export of certain items by definition ‘‘Commercial loading document’’ because the FTR only DATES: Submit written comments on or unauthorized parties or to unauthorized references commercial loading before March 22, 2011. destinations or end users. The EEI is documents. Therefore, the term and ADDRESSES: Please direct all written exempt from public disclosure unless the Secretary of Commerce determines definition for ‘‘Loading document’’ is comments on this proposed rule to the removed from this section Associate Director for Economic under the provisions of Title 13, U.S.C., • Chapter 9, Section 301(g), that such In § 30.1(c), revise the definition for Programs, U.S. Census Bureau, Room ‘‘Country of ultimate destination’’ to 8H132, Washington, DC 20233. You exemption would be contrary to the national interest. reference § 30.6(a)(5). may also submit comments, identified • In § 30.1(c), revise the definition for by RIN number 0607–AA50, to the Program Requirements ‘‘End user’’ to clarify that the end user Federal e-Rulemaking Portal: http:// is the entity abroad, known at the time To comply with the requirements of www.regulations.gov. All comments of export by the USPPI, who ultimately the Foreign Relations Authorization Act, received are a part of the public record. uses the exported or reexported items. No comments will be posted to http:// Public Law 107–228, the Census Bureau • In § 30.1(c), remove the term and www.regulations.gov for public viewing is amending relevant sections of the definition ‘‘Export value’’ because this until after the comment period has FTR to reflect new export reporting term is not used in the FTR and cite the closed. Comment will generally be requirements. term and definition ‘‘Value’’. posted without change. All Personal The Census Bureau is proposing to • In § 30.1(c), revise the definition for Identifying Information (for example, amend the following sections of the ‘‘Filers’’ to remove the word ‘‘system’’ name, address) voluntarily submitted by FTR: after the acronym ‘‘AES.’’ the commenter may be publicly • Revise the table of contents in • In § 30.1(c), revise the definition for accessible. Do not submit Confidential § 30.28 by removing the quotations and ‘‘Foreign principal party in interest Business Information or otherwise the words by air because split (FPPI)’’ to clarify that the FPPI is the sensitive or protected information. The shipments applies to all modes of party that purchases the goods for Census Bureau will accept anonymous transportation. export. VerDate Mar<15>2010 13:33 Jan 20, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\21JAP2.SGM 21JAP2 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS Federal Register / Vol. 76, No. 14 / Friday, January 21, 2011 / Proposed Rules 4003 • In § 30.1(c), revise the term and shipments to Country Group E:1 based • Revise § 30.3(e)(2) to include the definition for ‘‘Harmonized Tariff on 15 CFR 734 and 740. requirement that an authorized agent Schedule of the United States (HTSUS)’’ • In § 30.2(a), revise paragraph (2) to must provide the USPPI with the to include the correct title and reflect the correct Web site for the Internal Transaction Number and Date abbreviation and remove references to Automated Export System Trade of export when the agent files the EEI in CBP since it is not the only agency that Interface Requirements document. a routed transaction. In addition, if uses the HTSUSA. • Revise § 30.2(b)(3) to reflect that the known, the agent shall provide the • In § 30.1(c), revise the definition for AES downtime procedures cannot be ultimate consignee type in the AES. ‘‘Manifest’’ by removing the reference to used when the computer system of an • Revise § 30.4(a)(6) to clarify that an exclusion legend. The USPPIs and AES participant is unavailable for shipments where complete outbound authorized agents are no longer required transmission. manifests are required prior to clearing to place an exclusion legend on the bill • In § 30.2(d), revise the introductory vessels going directly to the countries of lading, air waybill, export shipping text to clarify that an exclusion legend identified in U.S. Customs and Border instructions, or other commercial is not required on the bill of lading, air Protection regulations 19 CFR 4.75(c) loading documents. waybill, export shipping instructions, or and aircraft going directly or indirectly • In § 30.1(c), revise the definition for other commercial loading documents. to those countries must be filed ‘‘Port of export’’ to clarify the port for • Revise § 30.2(d)(2) to clarify that predeparture. transshipments through Canada or Puerto Rico and the U.S. Virgin Islands • Revise § 30.4(b)(1) to provide the Mexico. are not excluded from filing the EEI. correct citation in the International • In § 30.1(c), revise the definition for • Revise the parenthetical phrase in Traffic in Arms Regulations for filing ‘‘Postdeparture filing’’ to clarify that § 30.2(d)(4), by removing the word ‘‘by’’ timeframes for United States Munitions only approved commodities exported by and adding in its place the word ‘‘to.’’ List shipments. • approved USPPIs can be filed • In § 30.2(d), add a new paragraph In § 30.4(b), add paragraph (3) and postdeparture.
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