AES Broadcast  01/15/2009          Broadcast  #  2009005 

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Common Questions - CBP Publishes AES Penalty Guidelines 

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 In regards to AES Broadcast # 2009004 (CBP Publishes AES Penalty Guidelines) 
         disseminated on January 13, 2009, the U.S. Customs and Border Protection 
         has received two common questions from the trade community that we would 
         like to clarify.  In addition, the publication of the U.S. Customs and 
         Border Protection's Mitigation Guidelines does not change the requirements 
         in Title 15, Part 30, Foreign Trade Regulations. 
       

 Question:  Is the U.S. Principal Party in Interest (USPPI) required to 
         file the Electronic Export Information (EEI) in AES or can 
         an authorized agent file on the USPPI's behalf? 

 Answer:    The U.S. Principal Party in Interest (USPPI), the USPPI's 
         authorized agent, or the authorized U.S. agent of the Foreign 
         Principal Party in Interest (FPPI) shall file the EEI through 
         the AES.  For further information regarding the requirements 
         and responsibilities of the parties involved in an export 
         transaction, see the Foreign Trade Regulations, Subpart A, 
   §30.3. 
       

 Question:  Does the low value ($2500 value or less) filing exemption 
         still apply? 
       

 Answer:    The low value exemption still applies.  Export of commodities 
         where the value of the commodities, shipped from one 
         U.S. Principal Party in Interest to one consignee on a single 
         exporting carrier, classified under an individual Schedule B 
         number that is $2500 or less, are exempt from filing in the 
         AES.  This applies to individual Schedule B numbers regardless 
         of total value of the shipment.  Therefore, only report the 
         items that are valued over $2500 per Schedule B number, unless 
         a license is required. 

 
         For further information or questions regarding the CBP Published AES 
         Penalty Guidelines, please contact U.S. Customs and Border Protection, 
         Ms. Susan Terranova on 202-325-0009 or Mr. Christopher Pappas on 
         202-325-0109. 

 For further information or questions regarding the Foreign Trade Regulations, 
         please contact the U.S. Census Bureau's Regulations, Outreach and Education 
         Branch on 1-800-549-0595, menu option 3.