Foreign Trade Regulations (FTR): Clarification on Filing Requirements; Correction, 43842-43844 [2017-20060]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of the Census

[Federal Register Volume 82, Number 181 (Wednesday, September 20, 2017)]
[Rules and Regulations]
[Pages 43842-43844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20060]


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DEPARTMENT OF COMMERCE

Bureau of the Census

15 CFR Part 30

[Docket Number: 151222999-7734-03]
RIN 0607-AA55


Foreign Trade Regulations (FTR): Clarification on Filing 
Requirements; Correction

AGENCY: Bureau of the Census, Commerce Department.

ACTION: Correcting amendments.

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SUMMARY: On April 19, 2017, the Census Bureau revised the Foreign Trade 
Regulations (FTR). The revisions to the FTR reflected the 
implementation of the International Trade Data System, in accordance 
with the Executive Order 13659, Streamlining the Export/Import Process 
for American Businesses. In the Final Rule, the Census Bureau also 
amended the appendices section. Appendices B, C, E, and F were removed 
and appendix D was revised and redesignated as the new appendix B. With 
the revisions to the appendices section, there are a few sections of 
the FTR that were inadvertently not updated to reflect these changes. 
This document corrects the final regulations.

DATES: Effective on September 20, 2017.

FOR FURTHER INFORMATION CONTACT: Dale C. Kelly, Chief, International 
Trade Management Division, U.S. Census Bureau, Washington, DC 20233-
6010, by phone: (301) 763-6937, by fax: (301) 763-8835, or by email: 
dale.c.kelly@census.gov.

SUPPLEMENTARY INFORMATION:

Background

    The Census Bureau is responsible for collecting, compiling, and 
publishing trade statistics for the United States under the provisions 
of Title 13 of the United States Code (U.S.C.), Chapter 9, Section 301. 
The Census Bureau published a Final Rule in the Federal Register (82 FR 
18383, April 19, 2017) that revised the Foreign Trade Regulations (FTR) 
to reflect new export reporting requirements. In the Final Rule the 
Census Bureau amended the appendices section. Appendices B, C, E, and F 
were removed and appendix D was revised and redesignated as the new 
appendix B. With the revisions to the appendices section, there are a 
few sections of the FTR that were inadvertently not updated to reflect 
the changes to the appendices.

Program Requirements

    To comply with the requirements of the Foreign Relations Act, 
Public Law 107-228, the Census Bureau is amending relevant sections of 
the FTR to revise or clarify export reporting requirements. Therefore, 
the Census Bureau is correcting 15 CFR part 30 by making the following 
correcting amendments:
     Revise Sec.  30.1(c) to replace the reference to appendix 
D with appendix B in the definition of ``Exemption legend'' because 
appendix D is redesignated as appendix B.
     Revise Sec.  30.1(c) to replace the reference to appendix 
D with appendix B in the definition of ``Postdeparture filing 
citation'' because appendix D is redesignated as appendix B.
     Revise Sec.  30.3(e)(2)(xi) to replace ``Foreign port of 
unloading'' with ``Foreign port of unlading.''
     Revise Sec.  30.4(b)(3) to replace ``Foreign port of 
unloading'' with ``Foreign port of unlading.''
     Revise Sec.  30.4(b)(4)(ii)(A) to replace the reference to 
appendix D with appendix B because appendix D is redesignated as 
appendix B.
     Revise Sec.  30.6(a)(18) to remove the reference to 
appendix B because this appendix is removed from the FTR.
     Revise Sec.  30.7(b) to replace the reference to appendix 
D with appendix B because appendix D is redesignated as appendix B.
     Revise Sec.  30.8 introductory text to replace the 
reference to appendix D with appendix B because appendix D is 
redesignated as appendix B.

[[Page 43843]]

     Revise Sec.  30.8(b) to replace the reference to Sec.  
30.46 with Sec.  30.4(c)(2) for requirements for the filing of export 
information by pipeline carriers.
     Revise Sec.  30.35 to replace the reference to appendix D 
with appendix B because appendix D is redesignated as appendix B.
     Revise appendix B, IX to replace the reference to Sec.  
30.40(d) with Sec.  30.40(c).

List of Subjects in 15 CFR Part 30

    Economic statistics, Exports, Foreign trade, Reporting and 
recordkeeping requirements.

    Accordingly, 15 CFR part 30 is corrected by making the following 
correcting amendments:

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 revising the definitions for ``Exemption 
legend'' and ``Postdeparture filing citation'' to read as follows:


Sec.  30.1  Purpose and definitions.

* * * * *
    (c) * * *
    Exemption legend. A notation placed on the bill of lading, air 
waybill, export shipping instructions, or other commercial loading 
document that describes the basis for not filing EEI for an export 
transaction. The exemption legend shall reference the number of the 
section or provision in the FTR where the particular exemption is 
provided (See appendix B to this part).
* * * * *
    Postdeparture filing citation. A notation placed on the bill of 
lading, air waybill, export shipping instructions, or other commercial 
loading documents that states that the EEI will be filed after 
departure of the carrier. (See appendix B of this part.)
* * * * *

0
3. Amend Sec.  30.3 by revising paragraph (e)(2)(xi) to read as 
follows:


Sec.  30.3  Electronic Export Information filer requirements, parties 
to export transactions, and responsibilities of parties to export 
transactions.

* * * * *
    (e) * * *
    (2) * * *
    (xi) Foreign port of unlading.
* * * * *

0
4. Amend Sec.  30.4 by revising paragraphs (b)(3) and (b)(4)(ii)(A) to 
read as follows:


Sec.  30.4  Electronic Export Information filing procedures, deadlines, 
and certification statements.

* * * * *
    (b) * * *
    (3) For shipments between the United States and Puerto Rico, the 
USPPI or authorized agent shall provide the proof of filing citation, 
postdeparture filing citation, AES downtime filing citation, exemption 
or exclusion legend to the exporting carrier by the time the shipment 
arrives at the port of unlading.
    (4) * * *
    (ii) * * *
    (A) Provide the appropriate downtime filing citation as described 
in Sec.  30.7(b) and appendix B of this part; and
* * * * *

0
5. Amend Sec.  30.6 by revising paragraph (a)(18) to read as follows:


Sec.  30.6  Electronic Export Information data elements.

* * * * *
    (a) * * *
    (18) Export information code. A code that identifies the type of 
export shipment or condition of the exported items (e.g., goods donated 
for relief or charity, impelled shipments, shipments under the Foreign 
Military Sales program, household goods, and all other shipments).
* * * * *

0
6. Amend Sec.  30.7 by revising paragraphs (b) to read as follows:


Sec.  30.7  Annotating the bill of lading, air waybill, or other 
commercial loading documents with proof of filing citations, and 
exemption legends.

    (a) * * *
    (b) For shipments other than USML, the USPPI or the authorized 
agent is responsible for annotating the proper proof of filing citation 
or exemption legend on the first page of the bill of lading, air 
waybill, export shipping instructions or other commercial loading 
documents. The USPPI or the authorized agent must provide the proof of 
filing citation or exemption legend to the exporting carrier. The 
carrier must annotate the proof of filing citation, exemption or 
exclusion legends on the carrier's outbound manifest when required. The 
carrier is responsible for presenting the appropriate proof of filing 
citation or exemption legend to CBP Port Director at the port of export 
as stated in subpart E of this part. Such presentation shall be without 
material change or amendment of the proof of filing citation, 
postdeparture filing citation, AES downtime filing citation, or 
exemption legend as provided to the carrier by the USPPI or the 
authorized agent. The proof of filing citation will identify that the 
export information has been accepted as transmitted. The postdeparture 
filing citation, AES downtime filing citation, or exemption legend will 
identify that no filing is required prior to export. The proof of 
filing citations, postdeparture filing citations, or exemption legends 
shall appear on the bill of lading, air waybill or other commercial 
loading documentation and shall be clearly visible. The AES filing 
citation, exemption or exclusion legends are provided for in appendix B 
of this part. The exporting carrier shall annotate the manifest or 
other carrier documentation with the AES filing citations, exemption or 
exclusions legends.
* * * * *

0
7. Amend Sec.  30.8 by revising the introductory text and paragraph (b) 
to read 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 proof 
of filing citations, postdeparture filing citations, AES downtime 
filing citation, exemption, or exclusion legends. The USPPI or the 
authorized agent is required to deliver the proof of filing citations, 
postdeparture filing citations, AES downtime filing citations, 
exemption, or exclusion legends required in Sec.  30.7 to the exporting 
carrier. See appendix B of this part for the properly formatted proof 
of filing citations, exemption, or exclusion legends. Failure of the 
USPPI or the authorized agent of either the USPPI or FPPI 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.
* * * * *
    (b) Pipeline exports. The proof of filing citations or exemption 
and exclusion legends for items being sent by pipeline shall be 
presented to the operator of a pipeline no later than four calendar 
days after the close of the month. See Sec.  30.4(c)(2) for 
requirements for the filing of export information by pipeline carriers.
* * * * *

0
8. Revise Sec.  30.35 to read as follows:


Sec.  30.35  Procedure for shipments exempt from filing requirements.

    Except as noted in Sec.  30.2(a)(1)(iv), where an exemption from 
the filing

[[Page 43844]]

requirement is provided in this subpart, a legend describing the basis 
for the exemption shall be made on the first page of the bill of 
lading, air waybill, or other commercial loading document, and on the 
carrier's outbound manifest. The exemption legend shall reference the 
number of the section or provision in this part where the particular 
exemption is provided (see appendix B of this part).

0
9. Revise appendix B to read as follows:

Appendix B to Part 30--AES Filing Citation, Exemption and Exclusion 
Legends



 
 
 
I. Proof of Filing Citation............  AES ITN
                                         Example: AES X20170101987654
II. Postdeparture Citation--USPPI,       AESPOST USPPI EIN Date of
 USPPI is filing the EEI.                 Export (mm/dd/yyyy)
                                         Example: AESPOST 12345678912 01/
                                          01/2017
III. Postdeparture Citation--Agent,      AESPOST USPPI EIN--Filer ID
 Agent is filing the EEI.                 Date of Export (mm/dd/yyyy)
                                         Example: AESPOST 12345678912--
                                          987654321 01/01/2017
IV. AES downtime Filing Citation--Use    AESDOWN Filer ID Date of Export
 only when AES or AES Direct is           (mm/dd/yyyy)
 unavailable.                            Example: AESDOWN 123456789 01/
                                          01/2017
V. Exemption for Shipments to Canada...  NOEEI Sec.   30.36
VI. Exemption for Low-Value Shipments..  NOEEI Sec.   30.37(a)
VII. Miscellaneous Exemption Statements  NOEEI Sec.   30.37 (site
 are found in 15 CFR part 30, subpart     corresponding alphabet)
 D, Sec.   30.37(b) through (y).
VIII. Special Exemption for Shipments    NOEEI Sec.   30.39
 to the U.S. Armed Forces.
IX. Special Exemptions for Certain       NOEEI Sec.   30.40 (site
 Shipments to U.S. Government Agencies    corresponding alphabet)
 and Employees (Exemption Statements
 are found in 15 CFR part 30, subpart
 D, Sec.   30.40(a) through (c).
X. Split Shipments Split Shipments       AES ITN SS
 should be referenced as such on the     Example: AES X20170101987654 SS
 manifest in 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.
 


    Dated: September 14, 2017.
Ron S. Jarmin,
Associate Director for Economic Programs, performing the non-exclusive 
functions and duties of the Director, Bureau of the Census.
[FR Doc. 2017-20060 Filed 9-19-17; 8:45 am]
 BILLING CODE 3510-07-P