U.S. Census Bureau Electronic Export Information Requirements When Sending Shipments Between or to U.S. Territories, Possessions, and Freely Associated States, 45763-45765 [E9-21306]
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Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations
Sponsors of Terrorism countries
identified in 520.41(c). In addition, the
item must be endorsed with the marking
‘‘GIFT—Export License Not Required’’
on the addressee side of the package,
and the symbol ‘‘GFT’’ must be written
in the same block as the Exemption and
Exclusion Legend on the applicable
required customs declaration, as
described in 527.
POSTAL SERVICE
Note: For more information and a complete
listing of these and other exemption and
exclusion legends, see Appendix C of the
Foreign Trade Regulations, 15 CFR Part 30.
ACTION:
527 Placement of PFC, AES Downtime
Citation, or Exemption and Exclusion
Legend
pwalker on DSK8KYBLC1PROD with RULES
When shipments require a PFC, AES
Downtime Citation, or Exemption and
Exclusion Legend, it is the customer’s
responsibility to legibly write the PFC,
AES Downtime Citation, or Exemption
and Exclusion Legend on the applicable
customs declaration form as follows:
a. On PS Form 2976–A, Customs
Declaration and Dispatch Note—CP72
(large white form), customers should
write one PFC, AES Downtime Citation,
or Exemption and Exclusion Legend in
Block 11.
b. On older versions of PS Form
2976–A printed prior to January 2009,
customers should write one PFC, AES
Downtime Citation, or Exemption and
Exclusion Legend at the top of the form
or in any clear space. Avoid writing
over the barcode on the form.
c. On PS Form 2976, Customs
Declaration—CN22 (September 2009
version), customers should check
‘‘30.37(a)’’ or ‘‘30.37(h)’’ in Block 7 of
the form, depending on the applicable
Exemption and Exclusion Legend.
d. On older versions of PS Form 2976,
Customs Declaration—CN22 (small
green form), customers should write one
applicable Exemption and Exclusion
Legend (‘‘30.37(a)’’ or ‘‘30.37(h)’’) in the
margin on the green portion of the form.
e. On Label 11FGG1, Global Express
Guaranteed (GXG), International Air
Waybill (Mailing Label) printed prior to
August 2008, customers should write
‘‘NOEEI 30.37(a)’’ next to the sender’s
signature. Current versions have this
exemption legend included on the GXG
mailing label.
Note: These standards also apply to mailers
who produce privately printed customs
declaration forms under 123.3.
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Neva R. Watson,
Attorney, Legislative.
[FR Doc. E9–21307 Filed 9–3–09; 8:45 am]
BILLING CODE 7710–12–P
VerDate Nov<24>2008
16:06 Sep 03, 2009
Jkt 217001
39 CFR Part 111
U.S. Census Bureau Electronic Export
Information Requirements When
Sending Shipments Between or to U.S.
Territories, Possessions, and Freely
Associated States
Postal ServiceTM.
Final rule.
AGENCY:
SUMMARY: New Foreign Trade
Regulations (FTR) issued by the U.S.
Census Bureau require the Postal
Service to revise its standards and
customs label requirements for
customers mailing items between the
United States, Puerto Rico, and the U.S.
Virgin Islands, and from the United
States to the Freely Associated States
(Federated States of Micronesia,
Republic of the Marshall Islands, and
Republic of Palau).
DATES: Effective November 2, 2009.
FOR FURTHER INFORMATION CONTACT: Rick
Klutts, 813–877–0372.
SUPPLEMENTARY INFORMATION: On
September 30, 2008, the U.S. Census
Bureau implemented statutory
requirements for the electronic filing of
export information through the Census
Bureau’s Automated Export System
(AES) or its AESDirect Web site for
various international shipments where a
Shipper’s Export Declaration (SED) was
previously required. The new Foreign
Trade Regulations mandate that
Electronic Export Information (EEI) be
filed when any type of goods contained
in a shipment (per Schedule B Export
Codes at https://www.census.gov/foreigntrade/schedules/b) is valued at more
than $2,500 or requires an export
license under U.S. law, subject to
certain exceptions.
The Postal Service standards are
consistent with the Foreign Trade
Regulations (15 CFR part 30) and 13
U.S.C. Chapter 9, as amended by the
Foreign Relations Authorization Act of
2002, Public L. 107–228.
Requirements for Sending Shipments
Between or to U.S. Territories,
Possessions, and Freely Associated
States
Effective November 2, 2009,
customers mailing certain shipments
containing goods between the United
States, Puerto Rico, and the U.S. Virgin
Islands, or from the United States to the
Freely Associated States (Republic of
the Marshall Islands, Federated States of
Micronesia, and Republic of Palau), are
responsible for filing electronic export
information with the Census Bureau,
and for providing a Proof of Filing
PO 00000
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45763
Citation (PFC) or AES Downtime
Citation. In addition, in circumstances
where a customs declaration form is
used today on certain parcels, an
Exemption or Exclusion Legend should
appear, provided a PFC or AES
Downtime Citation is not applicable.
Goods mailed to APO/FPO/DPO
addresses are not subject to these
standards. Section 30.71 of the Federal
Trade Regulations establishes civil and
criminal penalties for customers who
fail to electronically file their export
information when required, or to
comply with their regulations in any
other way.
Electronic Export Information Filing;
Proof of Filing Citation
The Census Bureau’s requirements for
electronic filing of export information
apply to certain shipments:
1. From the United States to Puerto
Rico or the U.S. Virgin Islands.
2. From Puerto Rico to the United
States or U.S. Virgin Islands.
3. From any U.S. location to the
Freely Associated States. Subject to
exemptions and exclusions, as set forth
below, electronic filing of export
information and a Proof of Filing
Citations (PFC) are required when:
1. Any type of goods in the package
(per Schedule B Export Codes at https://
www.census.gov/foreign-trade/
schedules/b) is valued at more than
$2,500.
2. The package requires an export
license, if sent to one of the Freely
Associated States. To determine if an
export license is required, go to https://
www.export.gov/regulation/index.asp or
call: 1–800–USA–TRAD(E).
In these circumstances, it is the
mailer’s responsibility to electronically
file export information before mailing; a
paper Shipper’s Export Declaration
(SED) is no longer accepted. Electronic
export information is filed through the
U.S. Census Bureau’s Automated Export
System (AES) or AESDirect Web site
utilizing the following steps:
› Log on to https://www.aesdirect.gov
and follow the instructions for
registering and completing the AES
Certification Quiz.
› The ‘‘Port of Export’’ code for
shipping through the Postal Service is
‘‘8000’’.
› The ‘‘Mode of Transport’’ is
‘‘Mail’’.
› The carrier should be left as
‘‘SCAC/IATA,’’ and the conveyance
name fields should remain blank.
› After the mailer has successfully
filed the electronic export information,
the mailer will be provided with an
alphanumeric Internal Transaction
Number (ITN) as confirmation. When
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45764
Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations
mailing, the Proof of Filing Citation will
consist of the letters ‘‘AES’’ followed by
the ITN: for example, ‘‘AES
X20080930987654’’.
Note: If the AES system is down, call 1–
800–549–0595, option 1.
AES Downtime Citation
If export information filing is required
but AES or AESDirect is unavailable,
the goods may be shipped but the mailer
is responsible for providing the
appropriate AES Downtime Citation.
This citation includes the word
‘‘AESDOWN,’’ the mailer’s AES filer
identification number, and the date: for
example, ‘‘AESDOWN 123456789 09/
30/2009’’.
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Exemption and Exclusion Legends
For items that bear a customs
declaration form as defined in Domestic
Mail Manual 608.2.4 and when a PFC or
an export license is not required,
customers should enter one of following
exemption codes on the customs
declaration form:
• Regardless of value, for all goods
shipped to, from, or between the
following U.S. Territories, use ‘‘NOEEI
30.2(d)(2)’’:
Æ American Samoa.
Æ Guam Island.
Æ Northern Mariana Islands.
• For items destined to the Freely
Associated States, customers may apply
‘‘NOEEI 30.37(a)’’ if the value of each
class of goods is $2,500 or less.
Exemption or Exclusion Legends cannot
be applied to packages that require an
export license. In such cases, customers
mailing goods are responsible for filing
or attempting to file, electronic export
information through the AES Web site
and apply a PFC or AES Downtime
Citation to the customs declaration
form. For more information on these
and other exemptions and exclusions,
customers should consult Appendix C
of the Foreign Trade Regulations, 15
CFR part 30.
Entering Required PFC, AES Downtime
Citation Placement, or Exemption and
Exclusion Legend
When required, customers should
legibly write the PFC, AES Downtime
Citation, or Exemption and Exclusion
Legend as follows when a customs
declaration form is used on a package
under DMM 608.2.4:
• On PS Form 2976–A, Customs
Declaration and Dispatch Note—CP72
(large white form), customers should
write one Exemption or Exclusion
Legend, PFC, or AES Downtime Citation
in Block 11.
• On older versions of PS Form 2976–
A printed prior to January 2009,
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16:06 Sep 03, 2009
Jkt 217001
customers should write one Exemption
or Exclusion Legend, PFC, or AES
Downtime Citation at the top of the form
or in any clear space. Avoid writing
over the barcode on the form.
• If no customs declaration form is
required (e.g., items sent between the
United States, Puerto Rico, and the U.S.
Virgin Islands), no other action for
recording the Exemption or Exclusion
Legend, PFC or AES Downtime Citation
on the package is required.
Responding to Customer Questions
Customers needing further assistance
with AES filing requirements should
contact the U.S. Census Bureau on its
toll-free hotline at 1–800–549–0595:
Option 1—AES Assistance;
Option 2—Commodity Classification
Assistance;
Option 3—Regulatory Assistance.
Customers may also obtain a copy of
Publication 613, New U.S. Census
Bureau Regulations: What Mailers Need
to Know When Shipping an
International Package, from any U.S.
Postal Service retail unit.
The Postal Service adopts the
following changes to Mailing Standards
of the United States Postal Service,
Domestic Mail Manual (DMM®),
incorporated by reference in the Code of
Federal Regulations. See 39 CFR 111.1.
List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
Accordingly, 39 CFR part 111 is
amended as follows:
■
PART 111—[AMENDED]
1. The authority citation for 39 CFR
part 111 is revised to read as follows:
■
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301–
307; 39 U.S.C. 101, 401, 403, 404, 407, 414,
416, 3001–3011, 3201–3219, 3403–3406,
3621, 3622, 3626, 3632, 3633, and 5001.
2. Revise the following sections of
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM) as follows:
■
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM)
*
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*
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600 Basic Standards For All Mailing
Services
*
*
*
*
*
608
Postal Information and Resources
*
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608.2
*
PO 00000
*
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Domestic Mail
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Frm 00034
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608.2.4 Customs Declaration Form
Required
[Redesignate the text in existing 2.4 as
2.4.1 and title as ‘‘Priority Mail
Weighing 16 Ounces or More’’ and
insert new 2.4.2 as follows:]
2.4.2 Freely Associated States—Items
Requiring an Export License
Items sent to the Freely Associated
States listed in DMM 608.2.2 that
require an export license under
608.2.5.8, regardless of weight or class
of mail, always require a PS Form 2976–
A.
[Insert new DMM 608.2.5 to read as
follows:]
608.2.5 Foreign Trade Regulations—
U.S. Department of Commerce, U.S.
Bureau of the Census
This section describes the various
U.S. Department of Commerce, U.S.
Bureau of the Census requirements
when shipping goods to, from, and
between U.S. territories, possessions,
and Freely Associated States. Shipments
to APO/FPO/DPO addresses are not
subject to these requirements.
Customers may be subject to civil and
criminal penalties if they fail to
electronically file their export
information when required, or if they
fail to comply with the Foreign Trade
Regulations in any other way. Refer to
IMM 520 for additional standards about
the Census Bureau’s requirements.
608.2.5.1 Mandatory Electronic
Filing—U.S. Territories, Possessions,
and Freely Associated States
Under the authority of 13 U.S.C.
Chapter 9, as amended by the Foreign
Relations Authorization Act of 2002,
Public Law 107–228, U.S. Census
Bureau regulations require electronic
filing of export information through the
U.S. Census Bureau’s Automated Export
System (AES) or AESDirect Web site for
certain shipments of goods. Electronic
filing of export information is required
when any of the following applies,
subject to certain exemptions and
exclusions (see DMM 608.2.5.4):
a. The item requires an export license
under U.S. law when sent to the Freely
Associated States. See DMM 608.2.5.5
and DMM 608.2.5.6.
b. One or more classes of goods (per
Schedule B Export Codes at https://
www.census.gov/foreign-trade/
schedules/b) within the item is valued
at more than $2,500 and the item is
mailed as follows:
1. From Puerto Rico to the United
States or U.S. Virgin Islands.
2. From the United States to Puerto
Rico or the U.S. Virgin Islands.
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Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations
letters ‘‘AES’’ followed by the ITN: for
example, ‘‘AES X20080930987654’’.
3. From the United States, Puerto
Rico, or the U.S. Virgin Islands to the
Freely Associated States.
608.2.5.2
Value Criterion
Following are three examples to
illustrate the value criterion defined in
2.5.1:
a. A package contains one
mechanically operated watch (Schedule
B item # 9101.11.0000) valued at $2600.
The total value of goods to be mailed is
$2600, and the value of all items within
the same Schedule B number is over
$2500. Consequently, electronic filing
and a PFC would be required (unless an
exemption or exclusion applies).
b. A package contains one
mechanically operated watch (Schedule
B item # 9101.11.0000) valued at $2400,
and one electronically operated watch
(Schedule B item# 9101.91.0000) valued
at $2400. The total value of goods to be
mailed is $4800, but no group of items
within the same Schedule B number is
valued over $2500. Consequently,
electronic filing and a PFC would not be
required, because the mechanical watch
and electronic watch are in different
Schedule B groups,
c. A package contains two
mechanically operated watches
(Schedule B item # 9101.11.0000) one
valued at $1400 and one valued at
$1500. The total value of goods to be
mailed is $2900 and the value of all
items within the same Schedule B
number is over $2500. Consequently,
electronic filing and a PFC would be
required, unless an exemption or
exclusion applies.
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608.2.5.3 How to File Electronic
Export Information and Obtain a Proof
of Filing Citation
For additional information on
electronic filing, call the U.S. Census
Bureau’s toll-free information hotline at
800–549–0595, option #3. To file
electronic export information through
AESDirect and obtain a PFC, customers
should use the following steps:
a. Go to https://www.aesdirect.gov.
b. Register for an AESDirect account
or log into your existing account.
c. Follow the instructions for the AES
Certification Quiz.
d. The ‘‘Port of Export’’ code for
shipping through the Postal Service is
‘‘8000’’.
e. The ’’Mode of Transport’’ is ‘‘Mail’’.
f. Leave the carrier as ‘SCAC/IATA’
and the conveyance name fields blank.
g. After successfully filing electronic
export information, AESDirect will
provide an alphanumeric Internal
Transaction Number (ITN) as
confirmation. The PFC consists of the
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Jkt 217001
608.2.5.4 AES Downtime Citation
If electronic information filing is
required but AES or AESDirect is
unavailable, the goods may be shipped
but the customer is responsible for
providing the appropriate AES
Downtime Citation instead of a PFC.
This citation includes the word
‘‘AESDOWN,’’ the customer’s AES filer
identification number, and the date: for
example, ‘‘AESDOWN 123456789 09/
30/2009.’’
608.2.5.5 Exclusion and Exemption
Legends
In many circumstances, electronic
export information filing and a Proof of
Filing Citation (PFC) may not be
required. In these circumstances, and
only when a customs declaration form
is required under 608.2.4, customers are
responsible for presenting an applicable
Exemption or Exclusion Legend on the
customs declaration form upon mailing.
Customers may forgo this requirement if
no customs declaration form is required.
When a customs declaration form is
used, customers should enter the
applicable Exemption or Exclusion
Legend on the customs declaration
form. Customers must only enter one
Exemption or Exclusion Legend per
addressed mailpiece. When multiple
Exemption or Exclusion Legends may
apply, the mailer may select any one
that applies. For more information on
these and other exemptions and
exclusions, customers should consult
Appendix C of the Foreign Trade
Regulations, 15 CFR Part 30. The
following is a list of the most commonly
applicable Exemption or Exclusion
Legends for items mailed to from or
between destinations under 608.2.
a. Regardless of value, for all goods
shipped to, from, or between the
following U.S. Territories, use ‘‘NOEEI
30.2(d)(2)’’:
1. American Samoa.
2. Guam Island.
3. Northern Mariana Islands.
b. For items destined to the Freely
Associated States listed in DMM
608.2.2, customers may apply ‘‘NOEEI
30.37(a)’’ if the value of each class of
goods is $2,500 or less, provided an
export license is not required (see
608.2.5.7 and 608.2.5.8).
608.2.5.6 Placement of PFC, AES
Downtime Citation Placement, or
Exemption and Exclusion Legend
If no customs declaration form is
required (e.g., items sent between the
United States, Puerto Rico, and the U.S.
Virgin Islands), no other action for
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45765
recording the PFC or AES Downtime
Citation on the package is required.
However, when a shipment requires a
PFC, or AES Downtime Citation, or
Exemption and Exclusion Legend, and a
PS Form 2976–A is used under DMM
608.2.4; it is the customer’s
responsibility to legibly write the PFC,
AES Downtime Citation, or Exemption
or Exclusion Legend as follows:
a. On PS Form 2976–A, Customs
Declaration and Dispatch Note—CP72
(large white form) customers should
write one PFC, AES Downtime Citation,
or Exemption or Exclusion Legend in
Block 11.
b. On older versions of PS Form
2976–A printed prior to January 2009
customers should write one PFC, AES
Downtime Citation, or Exemption or
Exclusion Legend at the top of the form
or in any clear space. Avoid writing
over the barcode on the form.
608.2.5.7 Additional Standards for the
Freely Associated States
The Freely Associated States listed in
DMM 608.2.2 are foreign destinations
for the purposes of the Foreign Trade
Regulations and other laws and
regulations governing imports and
exports. As such, certain goods shipped
to these destinations from the United
States, Puerto Rico, the U.S. Virgin
Islands, or other U.S. territories may
require an export license. To determine
if an export license is required, go to
https://www.export.gov/regulation/
index.asp or call: 1–800–USA–TRAD(E)
(1–800–872–8723).
608.2.5.8 When an Export License Is
Required
When an export license is required
under 608.2.5.7, a PS Form 2976–A is
always required. The electronically
generated License Number must appear
in Block 13, and a PFC or AES
Downtime Citation must appear in
Block 11 of the customs declaration
form. See IMM 520 and 530 for
complete requirements. In addition, it is
the mailer’s responsibility to comply
with the U.S. Census Bureau’s
requirements for filing electronic export
information, as described in DMM
608.2.5.1 and 608.2.5.2. A PFC or AES
Downtime Citation should appear on
the customs declaration form as
described in DMM 608.2.5.6.
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Neva R. Watson,
Attorney, Legislative.
[FR Doc. E9–21306 Filed 9–3–09; 8:45 am]
BILLING CODE 7710–12–P
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Agencies
[Federal Register Volume 74, Number 171 (Friday, September 4, 2009)]
[Rules and Regulations]
[Pages 45763-45765]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21306]
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 111
U.S. Census Bureau Electronic Export Information Requirements
When Sending Shipments Between or to U.S. Territories, Possessions, and
Freely Associated States
AGENCY: Postal ServiceTM.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: New Foreign Trade Regulations (FTR) issued by the U.S. Census
Bureau require the Postal Service to revise its standards and customs
label requirements for customers mailing items between the United
States, Puerto Rico, and the U.S. Virgin Islands, and from the United
States to the Freely Associated States (Federated States of Micronesia,
Republic of the Marshall Islands, and Republic of Palau).
DATES: Effective November 2, 2009.
FOR FURTHER INFORMATION CONTACT: Rick Klutts, 813-877-0372.
SUPPLEMENTARY INFORMATION: On September 30, 2008, the U.S. Census
Bureau implemented statutory requirements for the electronic filing of
export information through the Census Bureau's Automated Export System
(AES) or its AESDirect Web site for various international shipments
where a Shipper's Export Declaration (SED) was previously required. The
new Foreign Trade Regulations mandate that Electronic Export
Information (EEI) be filed when any type of goods contained in a
shipment (per Schedule B Export Codes at http:[sol][sol]www.census.gov/
foreign-trade/schedules/b) is valued at more than $2,500 or requires an
export license under U.S. law, subject to certain exceptions.
The Postal Service standards are consistent with the Foreign Trade
Regulations (15 CFR part 30) and 13 U.S.C. Chapter 9, as amended by the
Foreign Relations Authorization Act of 2002, Public L. 107-228.
Requirements for Sending Shipments Between or to U.S. Territories,
Possessions, and Freely Associated States
Effective November 2, 2009, customers mailing certain shipments
containing goods between the United States, Puerto Rico, and the U.S.
Virgin Islands, or from the United States to the Freely Associated
States (Republic of the Marshall Islands, Federated States of
Micronesia, and Republic of Palau), are responsible for filing
electronic export information with the Census Bureau, and for providing
a Proof of Filing Citation (PFC) or AES Downtime Citation. In addition,
in circumstances where a customs declaration form is used today on
certain parcels, an Exemption or Exclusion Legend should appear,
provided a PFC or AES Downtime Citation is not applicable. Goods mailed
to APO/FPO/DPO addresses are not subject to these standards. Section
30.71 of the Federal Trade Regulations establishes civil and criminal
penalties for customers who fail to electronically file their export
information when required, or to comply with their regulations in any
other way.
Electronic Export Information Filing; Proof of Filing Citation
The Census Bureau's requirements for electronic filing of export
information apply to certain shipments:
1. From the United States to Puerto Rico or the U.S. Virgin
Islands.
2. From Puerto Rico to the United States or U.S. Virgin Islands.
3. From any U.S. location to the Freely Associated States. Subject
to exemptions and exclusions, as set forth below, electronic filing of
export information and a Proof of Filing Citations (PFC) are required
when:
1. Any type of goods in the package (per Schedule B Export Codes at
http:[sol][sol]www.census.gov/foreign-trade/schedules/b) is valued at
more than $2,500.
2. The package requires an export license, if sent to one of the
Freely Associated States. To determine if an export license is
required, go to https://www.export.gov/regulation/index.asp or call: 1-
800-USA-TRAD(E).
In these circumstances, it is the mailer's responsibility to
electronically file export information before mailing; a paper
Shipper's Export Declaration (SED) is no longer accepted. Electronic
export information is filed through the U.S. Census Bureau's Automated
Export System (AES) or AESDirect Web site utilizing the following
steps:
[dec221] Log on to https://www.aesdirect.gov and follow the
instructions for registering and completing the AES Certification Quiz.
[dec221] The ``Port of Export'' code for shipping through the
Postal Service is ``8000''.
[dec221] The ``Mode of Transport'' is ``Mail''.
[dec221] The carrier should be left as ``SCAC/IATA,'' and the
conveyance name fields should remain blank.
[dec221] After the mailer has successfully filed the electronic
export information, the mailer will be provided with an alphanumeric
Internal Transaction Number (ITN) as confirmation. When
[[Page 45764]]
mailing, the Proof of Filing Citation will consist of the letters
``AES'' followed by the ITN: for example, ``AES X20080930987654''.
Note: If the AES system is down, call 1-800-549-0595, option 1.
AES Downtime Citation
If export information filing is required but AES or AESDirect is
unavailable, the goods may be shipped but the mailer is responsible for
providing the appropriate AES Downtime Citation. This citation includes
the word ``AESDOWN,'' the mailer's AES filer identification number, and
the date: for example, ``AESDOWN 123456789 09/30/2009''.
Exemption and Exclusion Legends
For items that bear a customs declaration form as defined in
Domestic Mail Manual 608.2.4 and when a PFC or an export license is not
required, customers should enter one of following exemption codes on
the customs declaration form:
Regardless of value, for all goods shipped to, from, or
between the following U.S. Territories, use ``NOEEI 30.2(d)(2)'':
[cir] American Samoa.
[cir] Guam Island.
[cir] Northern Mariana Islands.
For items destined to the Freely Associated States,
customers may apply ``NOEEI 30.37(a)'' if the value of each class of
goods is $2,500 or less. Exemption or Exclusion Legends cannot be
applied to packages that require an export license. In such cases,
customers mailing goods are responsible for filing or attempting to
file, electronic export information through the AES Web site and apply
a PFC or AES Downtime Citation to the customs declaration form. For
more information on these and other exemptions and exclusions,
customers should consult Appendix C of the Foreign Trade Regulations,
15 CFR part 30.
Entering Required PFC, AES Downtime Citation Placement, or Exemption
and Exclusion Legend
When required, customers should legibly write the PFC, AES Downtime
Citation, or Exemption and Exclusion Legend as follows when a customs
declaration form is used on a package under DMM 608.2.4:
On PS Form 2976-A, Customs Declaration and Dispatch Note--
CP72 (large white form), customers should write one Exemption or
Exclusion Legend, PFC, or AES Downtime Citation in Block 11.
On older versions of PS Form 2976-A printed prior to
January 2009, customers should write one Exemption or Exclusion Legend,
PFC, or AES Downtime Citation at the top of the form or in any clear
space. Avoid writing over the barcode on the form.
If no customs declaration form is required (e.g., items
sent between the United States, Puerto Rico, and the U.S. Virgin
Islands), no other action for recording the Exemption or Exclusion
Legend, PFC or AES Downtime Citation on the package is required.
Responding to Customer Questions
Customers needing further assistance with AES filing requirements
should contact the U.S. Census Bureau on its toll-free hotline at 1-
800-549-0595:
Option 1--AES Assistance;
Option 2--Commodity Classification Assistance;
Option 3--Regulatory Assistance.
Customers may also obtain a copy of Publication 613, New U.S.
Census Bureau Regulations: What Mailers Need to Know When Shipping an
International Package, from any U.S. Postal Service retail unit.
The Postal Service adopts the following changes to Mailing
Standards of the United States Postal Service, Domestic Mail Manual
(DMM[supreg]), incorporated by reference in the Code of Federal
Regulations. See 39 CFR 111.1.
List of Subjects in 39 CFR Part 111
Administrative practice and procedure, Postal Service.
0
Accordingly, 39 CFR part 111 is amended as follows:
PART 111--[AMENDED]
0
1. The authority citation for 39 CFR part 111 is revised to read as
follows:
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301-307; 39 U.S.C. 101,
401, 403, 404, 407, 414, 416, 3001-3011, 3201-3219, 3403-3406, 3621,
3622, 3626, 3632, 3633, and 5001.
0
2. Revise the following sections of Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM) as follows:
Mailing Standards of the United States Postal Service, Domestic Mail
Manual (DMM)
* * * * *
600 Basic Standards For All Mailing Services
* * * * *
608 Postal Information and Resources
* * * * *
608.2 Domestic Mail
* * * * *
608.2.4 Customs Declaration Form Required
[Redesignate the text in existing 2.4 as 2.4.1 and title as ``Priority
Mail Weighing 16 Ounces or More'' and insert new 2.4.2 as follows:]
2.4.2 Freely Associated States--Items Requiring an Export License
Items sent to the Freely Associated States listed in DMM 608.2.2
that require an export license under 608.2.5.8, regardless of weight or
class of mail, always require a PS Form 2976-A.
[Insert new DMM 608.2.5 to read as follows:]
608.2.5 Foreign Trade Regulations--U.S. Department of Commerce, U.S.
Bureau of the Census
This section describes the various U.S. Department of Commerce,
U.S. Bureau of the Census requirements when shipping goods to, from,
and between U.S. territories, possessions, and Freely Associated
States. Shipments to APO/FPO/DPO addresses are not subject to these
requirements. Customers may be subject to civil and criminal penalties
if they fail to electronically file their export information when
required, or if they fail to comply with the Foreign Trade Regulations
in any other way. Refer to IMM 520 for additional standards about the
Census Bureau's requirements.
608.2.5.1 Mandatory Electronic Filing--U.S. Territories, Possessions,
and Freely Associated States
Under the authority of 13 U.S.C. Chapter 9, as amended by the
Foreign Relations Authorization Act of 2002, Public Law 107-228, U.S.
Census Bureau regulations require electronic filing of export
information through the U.S. Census Bureau's Automated Export System
(AES) or AESDirect Web site for certain shipments of goods. Electronic
filing of export information is required when any of the following
applies, subject to certain exemptions and exclusions (see DMM
608.2.5.4):
a. The item requires an export license under U.S. law when sent to
the Freely Associated States. See DMM 608.2.5.5 and DMM 608.2.5.6.
b. One or more classes of goods (per Schedule B Export Codes at
https://www.census.gov/foreign-trade/schedules/b) within the item is
valued at more than $2,500 and the item is mailed as follows:
1. From Puerto Rico to the United States or U.S. Virgin Islands.
2. From the United States to Puerto Rico or the U.S. Virgin
Islands.
[[Page 45765]]
3. From the United States, Puerto Rico, or the U.S. Virgin Islands
to the Freely Associated States.
608.2.5.2 Value Criterion
Following are three examples to illustrate the value criterion
defined in 2.5.1:
a. A package contains one mechanically operated watch (Schedule B
item 9101.11.0000) valued at $2600. The total value of goods
to be mailed is $2600, and the value of all items within the same
Schedule B number is over $2500. Consequently, electronic filing and a
PFC would be required (unless an exemption or exclusion applies).
b. A package contains one mechanically operated watch (Schedule B
item 9101.11.0000) valued at $2400, and one electronically
operated watch (Schedule B item 9101.91.0000) valued at $2400.
The total value of goods to be mailed is $4800, but no group of items
within the same Schedule B number is valued over $2500. Consequently,
electronic filing and a PFC would not be required, because the
mechanical watch and electronic watch are in different Schedule B
groups,
c. A package contains two mechanically operated watches (Schedule B
item 9101.11.0000) one valued at $1400 and one valued at
$1500. The total value of goods to be mailed is $2900 and the value of
all items within the same Schedule B number is over $2500.
Consequently, electronic filing and a PFC would be required, unless an
exemption or exclusion applies.
608.2.5.3 How to File Electronic Export Information and Obtain a Proof
of Filing Citation
For additional information on electronic filing, call the U.S.
Census Bureau's toll-free information hotline at 800-549-0595, option
3. To file electronic export information through AESDirect and
obtain a PFC, customers should use the following steps:
a. Go to https://www.aesdirect.gov.
b. Register for an AESDirect account or log into your existing
account.
c. Follow the instructions for the AES Certification Quiz.
d. The ``Port of Export'' code for shipping through the Postal
Service is ``8000''.
e. The ''Mode of Transport'' is ``Mail''.
f. Leave the carrier as `SCAC/IATA' and the conveyance name fields
blank.
g. After successfully filing electronic export information,
AESDirect will provide an alphanumeric Internal Transaction Number
(ITN) as confirmation. The PFC consists of the letters ``AES'' followed
by the ITN: for example, ``AES X20080930987654''.
608.2.5.4 AES Downtime Citation
If electronic information filing is required but AES or AESDirect
is unavailable, the goods may be shipped but the customer is
responsible for providing the appropriate AES Downtime Citation instead
of a PFC. This citation includes the word ``AESDOWN,'' the customer's
AES filer identification number, and the date: for example, ``AESDOWN
123456789 09/30/2009.''
608.2.5.5 Exclusion and Exemption Legends
In many circumstances, electronic export information filing and a
Proof of Filing Citation (PFC) may not be required. In these
circumstances, and only when a customs declaration form is required
under 608.2.4, customers are responsible for presenting an applicable
Exemption or Exclusion Legend on the customs declaration form upon
mailing. Customers may forgo this requirement if no customs declaration
form is required. When a customs declaration form is used, customers
should enter the applicable Exemption or Exclusion Legend on the
customs declaration form. Customers must only enter one Exemption or
Exclusion Legend per addressed mailpiece. When multiple Exemption or
Exclusion Legends may apply, the mailer may select any one that
applies. For more information on these and other exemptions and
exclusions, customers should consult Appendix C of the Foreign Trade
Regulations, 15 CFR Part 30. The following is a list of the most
commonly applicable Exemption or Exclusion Legends for items mailed to
from or between destinations under 608.2.
a. Regardless of value, for all goods shipped to, from, or between
the following U.S. Territories, use ``NOEEI 30.2(d)(2)'':
1. American Samoa.
2. Guam Island.
3. Northern Mariana Islands.
b. For items destined to the Freely Associated States listed in DMM
608.2.2, customers may apply ``NOEEI 30.37(a)'' if the value of each
class of goods is $2,500 or less, provided an export license is not
required (see 608.2.5.7 and 608.2.5.8).
608.2.5.6 Placement of PFC, AES Downtime Citation Placement, or
Exemption and Exclusion Legend
If no customs declaration form is required (e.g., items sent
between the United States, Puerto Rico, and the U.S. Virgin Islands),
no other action for recording the PFC or AES Downtime Citation on the
package is required. However, when a shipment requires a PFC, or AES
Downtime Citation, or Exemption and Exclusion Legend, and a PS Form
2976-A is used under DMM 608.2.4; it is the customer's responsibility
to legibly write the PFC, AES Downtime Citation, or Exemption or
Exclusion Legend as follows:
a. On PS Form 2976-A, Customs Declaration and Dispatch Note--CP72
(large white form) customers should write one PFC, AES Downtime
Citation, or Exemption or Exclusion Legend in Block 11.
b. On older versions of PS Form 2976-A printed prior to January
2009 customers should write one PFC, AES Downtime Citation, or
Exemption or Exclusion Legend at the top of the form or in any clear
space. Avoid writing over the barcode on the form.
608.2.5.7 Additional Standards for the Freely Associated States
The Freely Associated States listed in DMM 608.2.2 are foreign
destinations for the purposes of the Foreign Trade Regulations and
other laws and regulations governing imports and exports. As such,
certain goods shipped to these destinations from the United States,
Puerto Rico, the U.S. Virgin Islands, or other U.S. territories may
require an export license. To determine if an export license is
required, go to https://www.export.gov/regulation/index.asp or call: 1-
800-USA-TRAD(E) (1-800-872-8723).
608.2.5.8 When an Export License Is Required
When an export license is required under 608.2.5.7, a PS Form 2976-
A is always required. The electronically generated License Number must
appear in Block 13, and a PFC or AES Downtime Citation must appear in
Block 11 of the customs declaration form. See IMM 520 and 530 for
complete requirements. In addition, it is the mailer's responsibility
to comply with the U.S. Census Bureau's requirements for filing
electronic export information, as described in DMM 608.2.5.1 and
608.2.5.2. A PFC or AES Downtime Citation should appear on the customs
declaration form as described in DMM 608.2.5.6.
* * * * *
Neva R. Watson,
Attorney, Legislative.
[FR Doc. E9-21306 Filed 9-3-09; 8:45 am]
BILLING CODE 7710-12-P