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Subpart C--Special Provisions Applicable Under Particular
Circumstances
30.30 Values for certain types of transactions.
The following special arrangements govern the values to be reported
for shipments of the following unusual types:
(a) Subsidized exports of agricultural products. Where
provision is made for the payment of an export subsidy to the
exporter for the exportation of agricultural commodities under
a program of the Department of Agriculture, the value required
to be shown on the export declaration is the f.a.s. value as defined
in 30.7 (q), based on the selling price paid by the foreign importer,
excluding the amount of the subsidy.
(b) GSA exports of excess personal property. For exports
of General Services Administration excess personal property, the
value to be shown on the Shipper's Export Declaration will be
the total of the estimated "fair value," if any, at
which the property was transferred to GSA by the holding agency,
plus charges, when applicable, to the port of export, such as
packing, rehabilitation, inland freight or drayage. The estimated
"fair value" may be zero, or it may be a percentage
of the original or estimated acquisition costs. (Export declarations
for such shipments will bear the notation "Excess Personal
Property, GSA Regulations 1111, 303.03.")
30.31 Identification of certain nonstatistical and other unusual
transactions.
In order to enable the Bureau of the Census to make a judgment
as to the statistical or other status of certain export transactions,
Shipper's Export Declarations covering the following types of
transactions should carry a statement beneath the commodity description
clearly identifying the
transactions such as:
(a) Merchandise exported for repair only, and other temporary
exports to be returned to the United States which are not sold
and do not enter the trade of the country to which shipped, e.g.,
merchandise for exhibition (not for exhibition and possible sale),
horses or other animals for breeding or grazing, etc.
(b) The return of merchandise previously imported for repair only
and other returns to the foreign shipper of temporarily imported
merchandise (declared as such on importation) on which no alteration
or processing has been performed; e.g., foreign merchandise being
returned to the country of origin after importation into the United
States for exhibition only.
(c) Shipments of material in connection with construction, maintenance,
and related workbeing done on projects for the U.S. Armed Forces.
Equipment and other material shipped for temporary use on such
projects and intended for return to the United States should be
identified separately from construction material or other goods
which will become a part of or which will be consumed in the construction
or maintenance work.
30.32 [Reserved]
30.33 Vessels, planes, cargo vans, and other carriers and containers
sold foreign.
(a) Vessels, locomotives, rail cars, ferries, trucks, other vehicles,
trailers, pallets, cargo vans, lift vans, or similar shipping
containers are not considered "shipped" in terms
of these regulations
30.33 Vessels, planes, cargo vans, and other carriers and containers
sold foreign.--Cont.
in this part when they are moving, either loaded or empty, without
transfer of ownership or title, in their capacity as carriers
of merchandise or as instruments of such carriers, and Shipper's
Export Declarations are not required therefor when so moving.
(b) However, Shipper's Export Declarations shall be filed for
such items, when moving as merchandise pursuant to sale or other
transfer from ownership in the United States to ownership abroad.
When a new vessel built in the United States for foreign account
clears under a certificate of record (Commerce Form 1316) a Shipper's
Export Declarationmust be furnished by the agents or prepared
by Customs for statistical purposes. If a vessel, car, vehicle,
or container, whether in service or newly built or manufactured,
is sold or transferred to foreign ownership while in the Customs
area of the United States or at a port in such area, Shipper's
Export Declarations shall be filed in accordance with the general
requirements of the regulations in this part, at the port through
or from which the vessel, car, vehicle, or container first leaves
the United States after sale or transfer. If the vessel, car,
vehicle, or shipping container is outside the Customs area of
the United States at the time of sale or transfer to foreign ownership,
Shipper's Export Declarations shall be filed at
the last port of clearance or departure from the United States
prior to sale or transfer. The country of destination to be shown
on the Shipper's Export Declaration for vessels sold foreign is
the country of new ownership. The country for which the vessel
clears, or the country of registry of the vessel, should not be
reported as the country of destination on the Shipper's Export
Declaration unless such country is the country of new ownership.
30.34 Return of exported cargo to the United States prior to
reaching its final destination.
(a) When a vessel carrying cargo which cleared from a port in
the U.S. Customs area returns to the U.S. Customs area before
it reaches itsdestination and discharges any or all of its cargo
in the United States, the Customs Director at the port of unlading
shall notify the Foreign Trade Division, Bureau of the Census,
of this fact. The letter of notification shall contain the following
information: Name of the carrier, dates of clearance, manifest
numbers assigned at the various Customs ports at which cargo was
laden and the final disposition of all cargo. If the vessel returns
to the port at which the cargo was originally laden, the letter
of notification shall also include the bill of lading numbers
shown on each export declaration filed at the time of clearance.
(b) For shipments by air where the Shipper's Export Declarations
are filed at the port of lading, if it becomes necessary because
of an emergency to unload part or all of the cargo at another
port in the U.S. Customs area (other than the port in Puerto Rico
or U.S. Possession which is its final destination), the Shipper's
Export Declarations filed at the port of lading need not be cancelled
if the merchandise is reladen on another plane at the second port
within a reasonable time and proceeds to its country of destination.
If there is unreasonable delay in reloading, the originally filed
declarations should be cancelled and new declarations should be
filed at the second port of lading. If for any reason the merchandise
remains permanently in the United States, the Customs Director
atthe first port of lading must be notified to cancel the Shipper's
Export Declarations which have been filed. This provision is not
intended as an exception from the requirements of 30.12 as to
the place at which Shipper's Export Declarations are required
to be filed; it is intended only for cases where an emergency
requires an unintended unloading after the requirements of 30.12
have been met.
30.35 Shipments between U.S. points in transit through Canada
diverted to Canada.
When commodities being shipped in transit through Canada to other
United States ports without the filing of a Shipper's Export Declaration
(as provided in 30.55) are diverted after leaving the United States,
for import into Canada, Shipper's Export Declarations in accordance
with the requirements of these regulations shall be filed with
the Customs Director at the port of exportation by the exporter
or his agent promptly upon such diversion.
30.36 [Reserved]
30.37 Exceptions from the requirement for reporting complete
commodity detail on the Shipper's Export Declaration.
(a) Where it can be determined that particulartypes of U.S. Government
shipments, or shipments for Government projects, are of such nature
that they should not be included in the export statistics, and
further, where no detriment to the export control program would
be involved, special arrangements can sometimes be made to waive
compliance with specific portions of the requirements of 30.7
with respect to the reporting of detailed information on the Shipper's
Export Declaration. Such exceptions will be made only upon application
by the exporter and specific authorization to the Customs Director
and the exporter for the particular project or shipment, approved
by both the Bureau of the Census and the Office of Export Admini
stration, and will be conditioned upon a prescribed identification
which must appear upon the declarations. The particular types
of shipments for which such exceptions may be possible are as
follows:
(1) Shipments to a contractor under a Department of Defense or
other armed service contract for the construction of facilities
for the use of the U.S. armed services.
(2) Temporary exports, by or to U.S. Government agencies.
(3) Shipments of supplies and material to contractors in the Panama
Canal Zone for the construction and/or maintenance of the Panama
Canal Zone and its facilities.
(b) Special exemptions to specific portions of therequirements
of 30.7 with respect to the reporting of detailed information
on the Shipper's Export Declaration may also be granted by the
Bureau of the Census with the concurrence of the Office of Export
Administration for certain Department of Defense shipments, or
shipments made on behalf of the Department of Defense, to foreign
governments under the cash reimbursable provisions of the Mutual
Defense Assistance Program (military sales), if and when arrangements
have been made for the Bureau of the Census to obtain the desired
statistical information other than through the reporting of complete
commodity detail on the Shipper's Export Declaration.
30.38 [Reserved]
30.39 Authorization for reporting statistical information other
than by means of individual Shipper's Export Declarations filed
for each shipment.
(a) A Customs Director, if he finds that no administrative difficulties
are involved, may authorize the filing of one Shipper's Export
Declaration per month, in lieu of a declaration for each shipment
as required by 30.6, for the
30.39 Authorization for reporting statistical information other
than by means of individual Shipper's Export Declarations filed
for each shipment.--Cont.
following types of frequently recurring shipments by air from
a single consignor from one U.S. airport to one country ofdestination
and one port of unlading via a single airline:
(1) Newspapers and magazines.
(2) Newsreel films, mats, proofs, etc.
(3) Airline timetables being shipped by the airline.
(4) Shipments of registered carrier stores by a United States
or Canadian airline to each of its installations or agents abroad
which are exported under General License RCS of the Export Administration
Regulations set forth in 371.12(d) of Chapter III of this title.
Such authorization will be subject to the requirement that a declaration
covering all such shipments made during the month named on the
declaration will be filed by the consignor with the Customs Director
no later than the fifth working day of the month following the
month covered, and also, except for shipments under subparagraph
(4) of this paragraph, subject to the requirement that a Continuation
Sheet or other attachment filed with the declaration will list
the names of the individual consignees and the number of items
shipped to each.
(b) In addition to the procedures authorized in paragraph (a)
of this section, the Bureau of the Census, with the concurrence
of the Office of Export Administration, may, on an individual
case basis, authorize exemption from therequirement of 30.6 that
an export declaration be filed for each shipment, the exemption
to be conditioned upon the filing, after the close of each month,
of a single export declaration or other statistical report, in
an approved format including punch cards, computer tapes, etc.,
covering shipments made during the month to all destinations except
countries prohibited by the Export Administration Regulations
of the Office of Export Administration (Parts 368399 of this title),7
as follows:
(1) Application for permission to file export information on a
monthly basis may be made directly to the Foreign Trade Division,
Bureau of the Census, Washington, D.C. 20233, with a copy sent
to the Office of Export Administration, International Trade Administration,
Washington, D.C. 20230.
(2) Authorization will be issued only when in the judge ment of
the Bureau of the Census complete and accurate information will
be available on a monthly basis from the records of the applicant,
and where the exemption from the filing of a Shipper's
Export Declaration for individual shipments represents a reduction
of reporting procedure in the individual case. (In general, these
special reporting procedures will be limited to shippers who,
on a continuing basis, make at least twenty (20) shipments per
month out of an individual port by each of any one or more methods
of transportation, and who areable to furnish summary data each
month in all the detail required for statistical processing in
terms of the various classifications and crossclassifications
now required for statistical purposes, such as commodity data
by port, by method of transportation and/or by name of carrier.)
Where export control is a consideration, such authorizations will
be granted when in the judgement of the Office of Export Administration
7Country groups are established and maintained by the Office of
Export Administration. See Export Administration Regulations (15
C.F.R. Parts 368399) for lists of countries included in each country
group.
30.39 Authorization for reporting statistical information other
than by means of individual Shipper's Export Declarations filed
for each shipment.--Cont.
the applicant also has demonstrated that it has
establish adequate internal operating procedures
and has taken other satisfactory safeguards to assure compliance
with Export Administration Regulations without government review
of individual declarations.
(3) (i) Procedures for clearing individual shipments through Customs
without the presentation of a declaration, and the exact type
of monthly or other report to be delivered,
will be discussed and specifications developed inconnection with
each application
(ii) Such authorizations will be subject to the requirement that
declarations or other approved summarizations containing the necessary
statistical information for all such ship ments made during a
given month will be submitted no later than the fifth working
day of the month following the month of export. Moreover, records
must be maintained in such a manner that the Bureau of the Census,
the Office of Export Administration, or the U.S. Customs Service
may, if desired, verify that a given shipment was, in fact, included
in a particular monthly report .
(c) Authorization for the filing of monthly declarations or other
summarizations under paragraphs (a) and (b) of this section may
be terminated at any time.
(d) Part 386 of the Department of Commerce Export Administration
Regulations contains complete information on the requirements
of the Office of Export Administration in connection with the
granting of authorizations for the filing of monthly summaries
of export shipments.
30.40 Single declaration for multiple consignees.
As a further exception to the requirements of 30.6, shippers are
authorized, subject to the approval of theCustoms Director, to
file one Shipper's Export Declaration (in duplicate) for all shipments,
other than those made to U.S. Government agencies, offices, establishments,
or representatives of any of these, which are laden on one vessel
or aircraft and destined to go to one port in Puerto Rico, the
Virgin Islands of the United States, or the Canal Zone. For such
shipments no consignee information needs to be furnished whether
such shipments are made to one or several consignees.
30.41 "Split shipments" by air.
When a shipment by air covered by a single Shipper's Export Declaration
is divided by the exporting transportation company at the port
where the declaration is filed, and part of the shipment is exported
on one aircraft and part on another aircraft of the same transportation
company, the following procedure shall apply:
(a) The carrier will deliver the manifest copy of the declaration
to the District Director of Customs with the manifest covering
the flight on which the first part of the split shipment is exported,
and will make no changes on the declaration. However, the manifest
will show in the "number of packages" column the actual
portion of the declared total quantity being carried and will
carry a notation to indicate "Split Shipment."
(b) On each subsequent manifest covering a flight onwhich any
part of a split shipment is exported, a prominent notation "SPLIT
SHIPMENT" will be made adjacent to the item on the manifest
for ready identification. For the last shipment the notation will
read "SPLIT
SHIPMENT, FINAL."
Each subsequent manifest covering a part of a
split shipment shall also show in the "number of packages"
column only the merchandise carried on that particular flight
and a reference to the total amount originally declared for export,
e.g., 5 of 11, or 5/11; and immediately following the line showing
the portion of the split shipment carried on that flight, a notation
will be made showing the air waybill number shown on the original
Shipper's Export Declaration and the portions of the originally
declared total carried on each previous flight together with the
number and date of each such previous flight, e.g., original Shipper's
Export Declaration AWB 123; 2 of 11 flight 36A, June 6; 4 of 11,
flight 40X, June 10.
(c) Export declarations will not be required for
these subsequent shipments.
30.42 [Reserved]
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