Census Proposing Two New AES Data Fields, Other Regs
The Census Bureau is proposing the addition of two new data elements in the Automated Export System, as well as other changes to the Foreign Trade Regulations to enhance clarity and support the move of AES to the Automated Commercial Environment, it said (here). The agency's proposed rule would add fields for an original Internal Transaction Number (ITN) and a used electronics indicator to improve trade data as well as the handling of used electronics to advance “environmentally sound practices” in the disposal of electronic products, Census said. The purpose of the new “original ITN” field would be to help inform the export community and enforcement bodies that a filer completed the mandatory filing requirements for the original shipment and any other shipments.
Other provisions Census' proposed rule would facilitate the migration of AES into ACE. CBP opened ACE to export filers on Nov. 30 (see 1512010022), and is currently undertaking an effort to move export filers to the new system (see 1601150022). Changes proposed by Census include:
- More detailed provisions for classifying goods imported for repair, and clarification of language requiring that electronic export information be filed if the value of parts and labor is over $2,500. EEI must be filed regardless of value on goods licensed by a U.S. government agency or subject to the International Traffic in Arms Regulations.
- A revised definition of “AES downtime filing citation” to allow for an electronic process and to clarify that the citation cannot be used for shipments subject to the ITAR.
- A clarification that the authorized agent must provide the date of export and ITN to the U.S. Principal Party in Interest (USPPI) upon request.
- Providing that the Data Universal Numbering System (DUNS) number is an appropriate USPPI ID number.
- Clarify that the authorized agent is responsible for reporting ultimate consignee type in a routed export transaction.
- A revised definition for “Bill of Lading” to differentiate between carrier and authorized agent responsibilities.
The rule would also permanently ban the reuse of shipment reference numbers—they’re currently required to undergo only a five-year period before they can be recycled. The proposed rule also includes a more stringent definition for transportation reference numbers (TRNs) and modernizes “split shipment” regulations.
Post-departure filings would be available only for USPPIs under the rule and for all non-pipeline transportation means, USPPIs and authorized agents may file the following data elements no later than five calendar days after export, except for shipments where pre-departure filing is specifically required: USPPI name, USPPI address, USPPI ID number, USPPI contact information, date of export, ultimate consignee, U.S. state of origin, country of ultimate destination, method of transportation, conveyance name/carrier name, carrier identification, port of export, related party indicator, domestic or foreign indicator, commodity classification number, commodity description, primary unit of measure, primary quantity, shipping weight, and value.
Written comments on the proposed rule are due by May 9 via mail or www.regulations.gov, RIN number 0607-AA55.
(Federal Register 03/09/16)