Regulations

Site Navigation:

MAIN | Statistics | Information | Services | Feedback | Site Index | Site Search

Subpart D--Exemptions From the Requirements for the Filing of Shipper's Export Declarations 30.50 Procedure for shipments exempt from the requirements for Shipper's Export Declarations. Except as provided below, where an exemption from the requirement for the filing of a Shipper's Export Declaration is provided in this subpart, a notation describing the basis for the exemption shall be made on the bill of lading, air waybill, or other loading document for carrier use, with a reference to the number of the section in this part where the particular exemption is provided so that the carrier at the time of lading, and the Customs Director at the time of exportation, may verify that no declaration is required. If none of the above named documents is used, the person transporting the merchandise must be prepared to identify to the Customs Director at the port of exportation, at the time of exportation but prior to departure, any merchandise which is exempt from the requirement for the filing of a Shipper's Export Declaration and explain to the Customs Director the basis for the exemption. Where shipments are exempt from the requirement for Shipper's Export Declarations on the basis of value and destination, the appearance of the value and destination on the bill of lading, air waybill, or other loading document for carrier use, shall be acceptable as evidence of the exemption, and no reference need be made to the particularsection of these regulations where the exemption is provided. 30.51 Government shipments not generally exempt. Except as provided below in this subpart, Shipper's Export Declarations are required for exports by or to U.S. Government agencies, whether or not shipped on a Government bill of  lading. No general exemption is provided for Government shipments, as such. 30.52 Special exemptions for shipments to the U.S. armed services. Shipper's Export Declarations are not required for the following types of shipments to the U.S. armed services: (a) All commodities, whether shipped commercially or through Government channels, consigned to the U.S. armed services for their exclusive use, including shipments to armed services exchange systems. (This exemption does not apply to shipments which are for the ultimate use of the U.S. armed services but which are not consigned to the U.S. armed services. However, special exceptions to the requirements of these regulations which may in some circumstances apply to shipments for the ultimate use of the U.S. armed services but not so consigned are provided in 30.37). (b) Department of Defense Military Assistance Program GrantAid shipments being transported as Department of Defense cargo under the provisions of Customs Circular Letters VES5MA, March 8, 1954 (MC 133), VES5-MA, June 17, 1954 (MC 133 S.1), VES5-MA, May 24, 1956 (MC 133 S.2) and RES20MC, January 25, 1960 (CC 76). Under arrangements with the Department of Defense, information on these shipments for inclusion in U.S. export statistics will be furnished directly to the Bureau of the Census by the Department of Defense. This exception from the filing of Shipper's Export Declarations does not apply to Military Assistance Program GrantAid shipments to which a foreign government has taken title before exportation or to any GrantAid MilitaryAid Program shipment 30.52 Special exemptions for shipments to the U.S. armed services.--Cont. moving in any manner other than as Department of Defense cargo. (See 30.37 for possible ex ceptions to the full reporting requirements of 30.7 for certain military sales shipments not exempt from the requirement for the Shipper's Export Declaration.) 30.53 Special exemptions for certain shipments to U.S. Government agencies and employees. Shipper's Export Declarations are not required for the following types ofshipments to U.S. Government agencies and employees: (a) Office furniture, office equipment, and office supplies shipped to and for the exclusive use of U.S. Government offices. (b) Household goods and personal property shipped to and for the exclusive and personal use of U.S. Government employees. (c) Food, medicines, and related items and other commissary supplies shipped to U.S. Government offices or employees for the exclusive use of such employees, or to U.S. Government employee cooperatives or other associations for subsequent sale or other distribution to such employees. (d) Books, maps, charts, pamphlets, and similar articles shipped by U.S. Government offices to U.S. or foreign libraries, Government establishments or similar institutions. (e) All commodities shipped to and for the exclusive use of the Panama Canal Zone Government or the Panama Canal Company. 30.54 Special exemptions for mail shipments. Shipper's Export Declarations are not required for the following kinds of shipments by mail: (a) Shipments (exceptshipments requiring a validated export license) where one or more of the following conditions are present: (1) Either the consignor or the consignee is not a business concern. (2) The shipment is valued $500 or under. (3) The goods are not mailed for commercial consid eration. (b) Technical data regardless of value, licensing requirements, and the other criteria set forth in paragraph (a) of this section. 30.55 Miscellaneous exemptions. Shipper's Export Declarations are not required for the following kinds of shipments: (a) Diplomatic pouches and their contents. (b) Human remains and accompanying appropriate receptacles and flowers. (c) Shipments from one point in the United States to another thereof by routes passing through Mexico or Canada. (d) Shipments from one point in Canada or Mexico to another point thereof by routes through the United States. (e) Shipments, other than by vessel, of merchandise for which no validated export licenses are required, transported in bond through the United States, and exported from another U.S. port, or transshipped and exporteddirectly from the port of arrival. 30.55 Miscellaneous exemptions.--Cont. (f) Shipments to foreign libraries, Government establishments, or similar institutions, as provided in 30.53(d). (g) Shipments of single gift parcels as encompassed by Office of Export Administration General License GIFT. (h) Shipments (except shipments requiring a validated export license and excluding shipments through the U.S. Postal Service) between the United States and Puerto Rico, to the Virgin Islands of the United States, and to all countries except countries prohibited by the Export Administration Regulations of the Office of Export Administration (15 CFR Parts 368-399), 8where the value of the commodities classified under a single Schedule B number and shipped on the same exporting carrier from one exporter to one importer is $1,000 or under:  Provided, however, that this exemption shall be conditioned upon the filing of such reports as the Bureau of the Census shall periodically require to compile statistics on $1,000and-under shipments. (i) Shipments of interplant correspondence, executed in voices and other documents, and other shipments of companybusiness records from a U.S. firm to its subsidiary or affiliate. (j) Shipments of pets as baggage, accompanied or unaccompanied, of persons leaving the United States, including members of crews on vessels and aircraft. (k) Shipments for use in connection with NASA tracking systems under Office of Export Administration Project License DL5355S. (l) Shipments of aircraft parts and equipment, and food, saloon, slop chest, and related stores, provisions, and supplies for use on aircraft, by a U.S. airline to its own installations, aircraft, and agents abroad, under Department of Commerce, Office of Export Administration General License RCS. (m) Shipments for use in connection with NOAA operations under the Office of Export Administration General License GNOAA. 30.56 Conditional Exemptions. Shipper's Export Declarations are not required for the following classes of commodities when they are not shipped as cargo under a bill of lading or an air waybill and do not require a validated export license, but the exporter should be prepared to make oral declaration to the Customs Director, if required: (a) Baggage and personal effects, accompanied or un accompanied, of persons leavingthe United States, including members of crews on vessels and aircraft, such as: (1) Usual and reasonable kinds and quantities of wearing apparel, articles of personal adornment, toilet articles, medicinal supplies, food, souvenirs, games, and similar personal effects and their containers. (2) Usual and reasonable kinds and quantities of furni ture, household effects, household furnishings, and their containers. (3) Usual and reasonable kinds and quantities of vehicles, such as passenger cars, station wagons, trucks, trailers, motorcycles, bicycles, 8Country 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. 30.56 Conditional Exemptions.--Cont. tricycles, perambulators, and their containers. Provided, that the aboveindicated baggage and personal effects (i) shall include only such articles as are owned by such person or members of his immediate family; (ii) shall be in his possession at the time of or prior to his departure from the United States for the foreign country; (iii) are necessary and appropriate for the use of such person or hisimmediate family; (iv) are intended for his use or the use of his immediate family; and (v) are not intended for sale. (b) Tools of trade of persons leaving the United States covering usual and reasonable kinds and quantities of imple ments, instruments and tools of trade, occupation, or employ ment and their containers. Provided, that the aboveindicated tools of trade (1) shall include only such articles as are owned by such persons; (2) shall be in his possession at the time of or prior to his departure from the United States for a foreign country; (3) are necessary and appropriate and intended for the personal use of such person; and (4) are not intended for sale. (c) Carriers' stores (including merchandise carried in shops aboard carriers for sale to passengers), supplies, and equipment for departing vessels, planes, or other carriers, including usual and reasonable kinds and quantities of bunker fuel, deck engine and steward department stores, provisions and supplies, medical and surgical supplies, food stores, slop chest articles, and saloon stores or supplies for use or consumption on board and not intended for unlading in a foreign country, and including usual and reasonable kinds and quantities of equipment and spare parts for permanent use on the carrier when necessary for proper operation of such carrier and not intended for unlading in a foreign country. Hay, straw, feed, and otherappurtenances necessary to the care and feeding of livestock while enroute to a foreign destination are considered part of carriers' stores of carrying vessels, trains, planes, etc.  Federal Register / Vol. 55, No. 231 / Friday, November 30, 1990 /Rules and Regulations 49613 DEPARTMENT OF COMMERCE Bureau of the Census 15 CFR Part 30 [Docket No. 900112-0205] RIN 0607-AA13 Foreign Trade Statistics; Amendment to the Foreign Trade Statistics Regulations Agency: Bureau of the Census,  Department of Commerce. Action: Final rule. SUMMARY: Effective with the statistics for January 1990, the United States is substituting Canadian import statistics for U.S. export statistics under the terms of a Memorandum of Understanding signed on July 27, 1987 by the Census Bureau, U.S. Customs Service, Canadian Customs, and Statistics Canada. With this data exchange there is no statistical reason to collect Shipper's Export Declarations (SEDs) for such shipments. This rule amends the Foreign Trade Statistics Regulations (FTSR) to eliminate the requirements for SEDs for most direct exports originating in the United States where the country of ultimate destination is Canada. However, the Harbor Maintenance Fee still applies to shipments by vessel exempt from SED requirements by virtue of being destined to Canada. To allow continued enforcement of the Export Administration Act and the export regulations of other agencies, SED requirements remain in effect for shipments; (1) Requiring aDepartment of Commerce validated export license, (2) requiring a Department of State, Office of Defense Trade Controls export license under the International Traffic in Arms Regulations (ITAR-22 CFR parts 121-130), (3) subject to the ITAR but exempt from license requirements, or (4) requiring a Department of Justice, Drug Enforcement Administration, export declaration (21 CFR part 1313). Furthermore, the Census Bureau reserves the right to reinstate SED requirements in specific instances where statistical accuracy is in question. Also, if merchandise is exported to Canada merely for storage and is ultimately destined for another country, then the statistical information must be reported directly to the Census Bureau on an existing SED form (7525-M, 7525-V, or 7525-V-Alt.) or in an automated format. In any case, the information required will not entail any more information than currently reported on SEDs. Because many exporters do not have information as to the U.S. Customs port of exportation or the method of transportation by which the merchandise departed from the United States, we are adding these items to those that are the exporting carriers responsibility. Additionally, since Canadian importers do not have such information, we are requiring for shipments to Canada, which are exempt from SED requirements, that the carriers enter the port of exportation and method of transportation on the bill of lading, air waybill, or other documents they prepare. As a separate issue, because of the recent changes in the political status of the Trust Territories under U.S. Administration, we are removing any specific reference to them. EFFECTIVE DATE: December 30, 1990. For further information contact: Bruce Walter, Assistant Chief, Foreign Trade Division, Bureau of the Census, (301)457-2210. Supplementary information: The Notice of Proposed Rulemaking published in the Federal Register on July 11, 1990 (55 FR 28404) proposed amending the FTSR to: (1) Eliminate SED requirements for most shipments to Canada, (2) require, for shipments to Canada, that exporting carriers report the U.S. Customs port of exportation and the method of transportation on bills of lading, air waybills, or other documents, and (3) delete any reference to the TrustTerritories under U.S. Administration. Because this amendment affected the reporting requirements, interested persons were given 60 days from the date of publication in the Federal Register (July 11, 1990 to September 10, 1990) to submit their comments regarding the notice. Discussion of Major Comments The Census Bureau received seven written comments all generally supportive of the amendment. Two commenters raised concerns relating to the quality of the statistics resulting from the U.S.-Canada data exchange, particularly with respect to trade in particleboard, medium-density fiberboard, waferboard and oriented strand board. All agencies involved in the data exchange are aware of this problem and are working toward a solution. Also, we are adding to paragraph 30.58(c) a parenthetical note reserving the right to reinstate SED requirements where statistical accuracy is in question. One commenter questioned the inclusion of the Department of Commerce licenses other than Individual Validated Licenses as types of shipments excluded from the general exemption (30.58(b)(1)) from SED requirements for shipments to Canada since such licenses may not apply to Canada. After discussion with the Bureau of Export Administration, we decided to remove all references to the types of licenses and limit the reference to shipments requiring a Department ofCommerce validated export license. The U.S. Customs Service and U.S. Army Corps of Engineers requested that we add a statement to the regulation itself notifying exporters that the Harbor Maintenance Fee (HMF) still applies to shipments by vessel destined to Canada even though the shipment is exempt from SED requirements. Accordingly, we are adding appropriate language as a separate paragraph in 30.58. Questions relating to the HMF should be directed to the User Fee Task Force, U.S. Customs Service, Washington, DC, 20229, (202) 927-0034. At the request of the Drug Enforcement Administration we are correcting 30.58 (b)(4) to read "* * * export declaration (21 CFR part 1313). Although not in written form, some reading the proposal were confused regarding the exporting carriers responsibilities (30.22(b)). To clarify, we are requiring that all exporting carriers be responsible for the accuracy of the U.S. Customs port of exportation and method of transportation from the United States as reported on SEDs. Only in the case of shipments exempt from SED requirements because they are destined to Canada are carriers required to put such information on bills of lading, air waybills, or other documents they prepare. Since this rule becomes effective upon publication, exporters, freight forwarders, and carriers utilizing the automated export reporting program may continue to report exempt shipments until such time as they can make changes to their systems.  Regulatory Impact Analysis and Information Collection This amendment does not meet the criteria of a major of a major rule as set forth in section 1(b) of Executive Order 12291; therefore, no Regulatory Impact Analysis is required. This rule does not contain policies with Federalism implications sufficient to warrant preparation of a Federalism assessment under Executive Order 12612. Pursuant to the Provisions of the Regulatory Flexibility Act of 1980 (Pub. L.96-354), the General Counsel of the Department of Commerce certified to the Small Business Administration that this amendment will not have a significant economic effect on a substantial number of small entities because it contains a new exemption thereby reducing the reporting requirements of smaller entities. This rule imposes no additional burden on the public thus satisfying the requirements of the Paperwork Reduction Act of 1980 (Pub. L. 96-511). This rule contains a collection of information requirements subject to the Paperwork Reduction Act. The collection has current Office of Management and Budget approval under control numbers 0607-0018 and 0607-0152. The public reporting burden for this collection of information is estimated to average 11 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing andreviewing the collections of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Associate Director for Management Services, Bureau of the Census, Washington, DC 20033; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. This Final Rule is being made effective upon publication in the Federal Register. A delayed effective date is unnecessary because the rule contains a new exemption from SED requirements thereby reducing the reporting burden by over 2 million SEDs annually. Therefore, the Census Bureau finds good cause to dispense with the Administrative Procedure Act delayed effective date requirement (5 U.S.C. 553(d)). List of Subjects in 15 CFR Part 30 Economic statistics, Foreign trade, Reporting and recordkeeping requirements. The Foreign Trade Statistics Regulations (15 CFR part 30) are amended as set forth below:) Part 30--[Amended] 1. The authority citation for part 30 continues to read as follows: Authority: Title 13, United States Code, sections 301-307; and title 5, United States Code, section 301; Reorganization Plan No. 5 of1950; Department of Commerce Organization Order No. 35-2A, August 4, 1975, 40 FR 42765. 2. Section 30.1 is amended by revising the introductory text of paragraph (a)(1) to read as follows: (a) * * * (1) To foreign countries or areas, including Foreign Trade Zones located therein, (see 30.58 30.1 General statement of requirement for Shipper's Export Declarations. for exemptions for shipments from the United States to Canada) from any of the following: * * * * * 3. Section 30.5 is amended by revising paragraph (a)(2) to read as follows: 30.5 Number of copies of Shipper's Export Declaration required. (a) * * * (2) One copy only for shipments to Canada (see 30.58 for exemption for shipments from the United States to Canada) and nonforeign areas. * * * * * 4. Section 30.22 is amended by revising paragraph (b) to read as follows: 30.22 Requirements for the filing of Shipper's Export Declarations by departing carriers. * * * * * (b) The exporting carrier shall be responsible for the accuracy of the following items of information (where required) on the declaration: Name ofcarrier (including flag if vessel carrier), U.S. Customs port of exportation, method of transportation from the United States, foreign port of unloading, the bill of lading or air waybill number, and whether or not containerized. For shipments to Canada exempt from Shipper's Export Declaration filing requirements (See 30.58), the exporting carrier shall enter U.S. Customs port of exportation and method of transportation from the United States on the bill of lading, air waybill, or other documents that they prepare. * * * * * 30.35 [Removed and Reserved] 5. Section 30.35 is removed and reserved for future use. 6. Section 30.39 is amended by adding paragraph (e) to read as follows: 30.39 Authorization for reporting statistical information other than by means of individual Shippers Export Declarations filed for each shipment. * * * * * (e) Exporters (or their agents) of merchandise for storage in Canada but ultimately destined for third countries, the specific country of destination being unknown at the time of exportation to Canada, must report statistical information directly to the Bureau of the Census in lieu of filing individual Shipper's Export Declarations for each shipment. The information must be submitted in a format and on a time schedule approved by the Bureau of the Census. The information required will be nomore detailed than that which would be reported on a Shipper's Export Declaration. 7. Section 30.55 is amended by revising paragraphs (c) and (d) to read as follows: 30.55 Miscellaneous exemptions. * * * * * (c) Shipments from one point in the United States to another thereof by routes passing through Mexico. (d) Shipments from one point in Mexico to another point thereof by routes through the United States. * * * * * 8. Section 50.38 is added to read as follows: 30.58 Exemption for shipments from the United States to Canada. (a) Except as noted in paragraph (c) of this section, shipments originating in the United States where the country of ultimate destination (see 30.7(i)) is Canada are exempt from the Shipper's Export Declaration requirements of this part. This exemption also applies to shipments from one point in the United States or Canada to  30.58 Exemption for shipments from the United States to Canada.--Cont. another point thereof by routes passing through the other country. (b) The Harbor Maintenance Fee applies to shipment by vessel exempt from Shipper's Export Declaration requirements by virtue of being destined to Canada. (c) This exemption does not apply to the followingshipments: (The Bureau of the Census also reserves the right to reinstate the Shipper's Export Declarations requirement of this part in specific instances for the purpose of ensuring statistical accuracy.) (1) Requiring a Department of Commerce validated export license. (2) Requiring a Department of State, Office of Defense Trade Controls, export license under the International Traffic in Arms Regulations (ITAR-22 CFR parts 121-130). (3) Subject to the ITAR but exempt from license requirements. (4) Requiring a Department of Justice, Drug Enforcement Administration, export declaration (21 CFR part 1313). (5) For storage in Canada but ultimately destined for third countries, the specific country of destination being unknown at the time of export to Canada (see 30.39 for reporting requirements). Barbara Everitt Bryant, Director, Bureau of the Census. John P. Simpson, Acting Assistant Secretary for Enforcement, Department of the Treasury. [FR Doc. 90-28288 Filed 11-29-90; 8:45am] Billing code 3510-07-M (d) Dunnage of usual and reasonable kinds and quantities necessary and appropriate to stow or secure cargo on the outgoing or any immediatereturn voyage of an exporting carrier, when exported solely for use as dunnage and not intended for unlading in a foreign Country. 30.57 Information on export declarations for shipments of types of goods covered by 30.56 not conditionally exempt. (a) In those cases where Shipper's Export Declarations are required for articles enumerated in 30.56 (a) through (d) only by virtue of their being shipped under a bill of lading or an air waybill (no validated license is required) the export declaration should clearly show in the column for commodity description, in lieu of the complete commodity description a statement that the shipment consists of baggage, personal effects, household effects, ship's stores, crew's effects, or as appropriate. In such cases, Schedule B commodity numbers should not be shown on the declarations. (b) In those cases where the articles enumerated in 30.56(a) through (d) require a validated export license, (whether or not shipped under a bill of lading or an air waybill) the Shipper's Export Declaration must identify the shipment as baggage, personal effects, etc., and must contain all the information normally required for any exportation made undera validated export license, i.e. complete commodity description, license number, Schedule B number, quantity,value. etc.