Proposed Information Collection; Comment Request; Automated Export System Program, 67255-67257 [2019-26452]

Agencies

• Census Bureau
• DEPARTMENT OF COMMERCE

[Federal Register Volume 84, Number 236 (Monday, December 9, 2019)]
[Notices]
[Pages 67255-67257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26452]


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DEPARTMENT OF COMMERCE

Census Bureau


Proposed Information Collection; Comment Request; Automated 
Export System Program

AGENCY: U.S. Census Bureau, Commerce.

ACTION: Notice.

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SUMMARY: The Department of Commerce (DOC), as part of its continuing 
effort to reduce paperwork and respondent burden, invites the general 
public and other Federal agencies to take this opportunity to comment 
on proposed revisions to the Automated Export System Program, as 
required by the Paperwork Reduction Act of 1995.

DATES: To ensure consideration, written comments must be submitted on 
or before February 7, 2020.

ADDRESSES: Direct all written comments to Thomas Smith, PRA Liaison, 
U.S. Census Bureau, 4600 Silver Hill Road, Room 7K250A, Washington, DC 
20233-6700 (or via the internet at [email protected]). You may also 
submit comments, identified by Docket Number USBC-2019-0017, to the 
Federal e-Rulemaking Portal: https://www.regulations.gov. All comments 
received are part of the public record. No comments will be posted to 
https://www.regulations.gov 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

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attachments to electronic comments in Microsoft Word, Excel, or Adobe 
PDF file formats.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument(s) and instructions 
should be directed to Kiesha Downs, Chief, Trade Regulations Branch, 
U.S. Census Bureau, 4600 Silver Hill Road, Washington, DC 20233-6700, 
(301) 763-7079, by fax (301) 763-8835 or by email 
[email protected].

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. These data, along with 
import data function as the basis for the official U.S. merchandise 
trade statistics. The Census Bureau publishes import and export 
statistics that are used to determine the balance of international 
trade in goods and are designated for use as a principal economic 
indicator. The Census Bureau together with the Bureau of Economic 
Analysis releases these statistics monthly according to the U.S. 
International Trade in Goods and Services Press Release Schedule.

Preliminary Steel Mill Import Statistics

    Since 1999, the DOC has released data on imports of steel mill 
products in advance of the regular monthly trade statistics release. 
This exception to the normal procedure was initially approved by Office 
of Management and Budget (OMB) in January 1999 and has been 
subsequently extended annually through means of a separately submitted 
memo. This exception has permitted the public release of preliminary 
monthly data on imports of steel under the provisions of the OMB's 
Statistical Policy Directive No. 3 on the Compilation, Release and 
Evaluation of Principal Federal Economic Indicators.
    With this planned revision to the AES Program, the Census Bureau 
will request that provisions for the early release of preliminary steel 
mill import statistics be included in the clearance, thereby 
eliminating the need for a separate annual re-approval from OMB for the 
early release.
    The International Trade Administration (ITA) relies heavily on the 
preliminary import statistics of steel mill products provided by the 
Census Bureau. In 1999, as a part of the Government's steel initiative, 
the DOC was instructed by the administration to monitor steel imports 
so that industry could monitor trends and take appropriate action. 
Currently, the steel industry faces a similar situation further 
necessitating the preliminary publication of these statistics. The 
early release of preliminary statistics on steel mill imports provides 
the public with an early warning of any potential shifts in trade 
patterns in this important industry. A variety of parties, including 
government officials and the public with an interest in imports of 
steel products continue to use this monitoring system heavily.

Automated Export System

    The published export data enable U.S. businesses to develop 
practical marketing strategies as well as provide a means to assess the 
impact of exports on the domestic economy. 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., Export 
Administration Act. The Bureau of Industry and Security (BIS), 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.
    Currently, the Census Bureau is drafting a Notice of Proposed 
Rulemaking (NPRM) to clarify the responsibilities of parties 
participating in routed and standard export transactions. The draft 
rule has received concurrence from the U.S. Department of State (State 
Department) and the Department of Homeland Security (DHS). Though 
concurrence was received from State Department and DHS, it is important 
to note that the BIS administers the Export Administration Regulations 
(EAR) that also govern routed export transactions. BIS has also drafted 
a NPRM to revise the EAR as it pertains to routed export transactions. 
Both rules have required extensive review and coordination with each 
agency to ensure that there are no discrepancies or contradictory 
language in either NPRM. The Census Bureau is working with BIS to 
receive concurrence in order to publish the NPRM. The goal is to 
publish both NPRMs around the same time in order to allow the trade 
community an opportunity to review the proposed requirements as they 
relate to both filing and licensing responsibilities in a routed export 
transaction.
    In addition to providing clarity to the FTR on the standard and 
routed export transactions, the Census Bureau's NPRM proposes to revise 
and add several key terms including authorized agent, forwarding agent, 
standard export transaction and written release. While revisions to the 
FTR are necessary to improve clarity to the filing requirements for the 
routed export transaction, it is critical for the Census Bureau to 
ensure that any revisions made to the FTR will allow for the continued 
collection of complete, timely, and accurate trade statistics. To 
achieve this, it is critical that the responsibilities of the U.S. 
Principal Party in Interest (USPPI) and the U.S. authorized agent are 
clearly defined to ensure that the EEI is filed by the appropriate 
party to prevent receiving duplicate filings or in some cases, no 
filings. The changes proposed in the NPRM will not have an impact on 
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 
Annotated 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. 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 ACE.
    For exports to Canada, a Memorandum of Understanding (MOU) signed 
by CBP, Canada Border Services Agency, Statistics Canada, and the

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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 eight 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.
    In most instances, the USPPI 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. In instances where 
the AES 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.
    CBP is currently conducting pilots to test the functionality 
regarding the filing of export manifests for air, rail, and ocean cargo 
to the ACE. These pilots will further the CBP initiatives set forth in 
the SAFE Port Act of 2006 and Executive Order 13659 to move export 
manifesting from the current paper-based system to an electronic system 
over the next several years. FTR Sections 30.7 and 30.45, require 
evidence of the proof of filing, post departure filing citation, AES 
downtime citation, exemption or exclusion legend on the bill of lading, 
air waybill, or other commercial loading documents. These annotations 
will also appear in the electronic manifest submitted to CBP. Since 
filers use many variations to annotate commercial loading documents, 
the Census Bureau, CBP, and the trade community developed guidance to 
ensure that a standard format is reported in the electronic manifest. 
This information was published in FTR Letter #10 titled Annotating the 
Electronic Manifest for U.S. Customs and Border Protection.
    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, 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.

Steel Mill Statistics

    The importer of record or its licensed customs broker file 
electronic entry summaries through the Automated Commercial Environment 
(ACE), and file paper import entry summaries (CBP-7501) or paper 
records of vessel foreign repair or equipment purchase (CBP-226) 
directly with CBP in accordance with 19 CFR parts 1-199. The FTR, 
subpart F addresses the general requirements for filing import entries 
with CBP in the ACE in accordance with 19 CFR, which is the source of 
the import data on steel mill products.

III. Data

    OMB Control Number: 0607-0152.
    Form Number(s): Automated Export System (AES).
    Type of Review: Regular submission.
    Affected Public: Exporters, Forwarding agents, Export Carriers.
    Estimated Number of Respondents: 287,314.
    Estimated Time per Response: 3 minutes per AES submission.
    Estimated Total Annual Burden Hours: 865,798.
    Estimated Total Annual Cost to Public: $15,688,260.
    Respondent's Obligation: Mandatory.
    Legal Authority: Title 13 United States Code, Chapter 9, Section 
301.

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

Sheleen Dumas,
Department PRA Clearance Officer, Office of the Chief Information 
Officer, Commerce Department.
[FR Doc. 2019-26452 Filed 12-6-19; 8:45 am]
 BILLING CODE 3510-07-P