NCBFAA Suggests Census Bureau Eliminate EEI Filing Reference in Routed Export Definition

The Census Bureau should delete the reference to electronic export information (EEI) in its definition of a “routed export transaction,” to make the definition consistent with the Bureau of Industry and Security’s, the National Customs Brokers & Forwarders Association of America said in Dec. 5 comments to Census. Census defines a routed export transaction as a transaction wherein the foreign principal party in interest (FPPI) authorizes a U.S. forwarding or other agent to facilitate export of items from the U.S. on its behalf and to prepare and file the EEI. BIS’s Export Administration Regulations don’t include the reference to EEI.

In addition to changing that definition, Census should stop allowing the U.S. principal party in interest (USPPI) to transfer its obligation to determine export control classification numbers (ECCNs) to the FPPI or its agent, the NCBFAA said, noting that forwarding companies rarely have the technical expertise to make necessary commodity jurisdiction determinations. “Nor do forwarders typically want to take on that responsibility,” the NCBFAA said. USPPIs “clearly” know the products they export and can make any ECCN or license determination without passing the obligation on to other parties, the letter says. USPPIs should also be responsible for providing, in routed export transactions, the U.S. forwarding agent with any hazardous material indicator, Federal Trade Commission identifier, VIN/product ID, vehicle title number, vehicle title state code, filing option indicator, Kimberley process certificate number, related party indicator, and export information code, the NCBFAA said. But filing forwarding agents should be responsible for providing, then filing, the routed export transaction indicator and shipment reference number, the group said.

The NCBFAA also requested that Census write appropriate language to ensure any delegation by a USPPI to an FPPI’s agent of responsibility for licensing authority and determinations must result from a trilateral agreement between the USPPI, FPPI and the FPPI’s U.S.-based forwarding agent. Census should change its regulations to require that an FPPI’s agent agree in writing to assume that responsibility before the USPPI can legally delegate that function, the NCBFAA said. Census on Oct. 6, issued a notice that it was accepting public comments on its routed export regulations (see 1710050004). The comment period closed Dec. 5.