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CONTENTS
Introduction
The Foreign Trade Statistics Regulations is an official issuance of the Bureau of the
Census, U.S. Department of Commerce with the concurrence of the Secretary of the Treasury. It
is a looseleaf compilation of regulations, as published in the Federal Register, governing the
reporting of statistical information on U.S. trade with foreign countries, Puerto Rico and the U.S.
Possessions. These regulations are binding upon carriers as well as upon individuals and
organizations making shipments from and/or into the United States.
This publication consists of the regulations originally published in the Federal Register of
March 16, 1963, as modified by all subsequent amendments through December 1982.
The organization and numbering of the Foreign Trade Statistics Regulations conform to
the system used by the Federal Register. These regulations comprise one Part (Part 30 C.F.R.)
entitled Foreign Trade Statistics subdivided for convenience into subparts. Principal divisions
within each subpart are known as Sections. Each section has an appropriate heading and a
number composed of the Part number (30) followed by a decimal point and one or more digits
without reference to subpart. Thus, Section 15 is numbered 30.15. Paragraphs within sections
are identified by lower case letters and suitable headings where appropriate.
Future changes in the provisions of these regulations will be announced in a Foreign
Trade Statistics Regulations Letter (referred to as FTSR letter) issued immediately after the
change has been published in the Federal Register. Subsequent thereto reprint pages for insertion
in the Foreign Trade Statistics Regulations will be issued.
Each reprint page will be identified by page number in the Foreign Trade Statistics
Regulations so that its place is readily apparent. By following the simple set of filing
instructions accompanying each transmittal of reprint pages, users will have a complete and
current set of foreign trade statistics regulations at all times.
In addition to announcing changes in the Regulations, per se FTSR Letters are used to
interpret or explain existing regulatory material and to inform the public of other matters relating
to the reporting, collection, compilation, and publication of foreign trade statistics.
CENSUS
Legislative Authority
Title 13 U.S.C.
CHAPTER 9--COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND TRADE STATISTICS
Sec.
301. Collection and publication.
302. Rules, regulations, and orders.
303. Secretary of Treasury, functions.
304. Filing export information, delayed filings,
penalties for failure to file.
305. Violations, penalties.
306. Delegation of functions.
307. Relationship to general census law.
301. Collection and publication
(a) The Secretary is authorized to collect
information from all persons exporting from, or
importing into, the United States and the
noncontiguous areas over which the United States
exercises sovereignty, jurisdiction, or control, and
from all persons engaged in trade between the
United States and such noncontiguous areas and
between those areas, or from the owners, or
operators of carriers engaged in such foreign
commerce or trade, and shall compile and publish
such information pertaining to exports, imports,
trade, and transportation relating thereto, as he
deems necessary or appropriate to enable him to
foster, promote, develop, and further the
commerce, domestic and foreign, of the United
States and for other lawful purposes.
(b) The Secretary shall submit to the
Committee on Ways and Means of the
House of Representatives and the
Committee on Finance of the Senate, on
quarterly and cumulative bases, statistics on
United States imports for consumption and
United States exports by country and by
product. Statistics on United States imports
shall be submitted in accordance with the
Tariff Schedules of the United States
Annotated and general statistical headnote 1
thereof, in detail as follows:
(1) net quantity;
(2) United States customs value;
(3) purchase price or its equivalent;
(4) equivalent of arm's length value;
(5) aggregate cost from port of
exportation to United States port of
entry;
(6) a United States port of entry
value comprised of (5) plus (4), if
applicable, or, if not applicable, (5)
plus (3); and
(7) for transactions where (3) and
(4) are equal, the total value of such
transactions.
The data for paragraphs (1), (2), (3), (5), and (6)
shall be reported separately for nonrelated and
related party transactions, and shall also be
reported as a total of all transactions.
301. Collection and publication--Cont.
(c) In submitting any information under
subsection (b) with respect to exports, the
Secretary shall state separately from the
total value of all exports--
(1) (A) the value of agricultural
commodities exported under the
Agricultural Trade Development
and Assistance Act of 1954, as
amended; and (B) the total amount
of all export subsidies paid to
exporters by the United States under
such Act for the exportation of such
commodities; and
(2) the value of goods exported
under the Foreign Assistance Act of
1961.
(d) To assist the Secretary to carry out the
provisions of subsections (b) and (c)--
(1) the Secretary of Agriculture
shall furnish information to the
Secretary concerning the value of
agricultural commodities exported
under provisions of the Agricultural
Trade Development and Assistant
Act of 1954, as amended, and the
total amounts of all exports
subsidies paid to exporters by the
United States under such Act for the
exportation of such commodities;
and
(2) the Secretary of State shall
furnish information to the Secretary
concerning the value of goods
exported under the provisions of the
Foreign Assistance Act of 1961, as
amended.
(e) There shall be reported, on monthly and
cumulative bases, for each item in the Tariff
Schedules of the United States Annotated,
the United States port of entry value (as
determined under subsection (b) (6)). There
shall be reported, on monthly and
cumulative bases, the balance of
international trade for the United States
reflecting (1) the aggregate value of all
United States imports as reported in
accordance with the first sentence of this
subsection, and (2) the aggregate value of
all United States exports. The values and
balance of trade required to be reported by
this subsection shall be released no later
than 48 hours before the release of any
other government statistics concerning
values of United States imports or United
States balance of trade, or statistics from
which such values or balance may be
derived.
(f) On or before January 1, 1981, and as
often thereafter as may be necessary to
reflect significant changes in rates, there
shall be reported for each item of the Tariff
Schedules of the United States Annotated,
the ad valorem or ad valorem equivalent
rate of duty which would have been
required to be imposed on dutiable imports
under that item, if the United States
customs values of such imports were based
on the United States port of entry value (as
reported in accordance with the first
sentence of subsection (e)) in order to
collect the same amount of duties on
imports under that item as are currently
collected.
(g) Shippers' Export Declarations (or any
successor document), wherever located,
shall be exempt from public disclosure
unless the Secretary determines that such
exemption would be contrary to the national
interest.
302. Rules, regulations, and orders
The Secretary may make such rules, regulations,
and orders as he deems necessary or appropriate to
carry out the provisions of this chapter. Any rules,
regulations, or orders issued pursuant to this
authority may be established in such form or
manner, may contain such classifications or
differentiations, and may provide for such
adjustments and reasonable exceptions as in the
judgment of the Secretary are necessary or proper
to effectuate the purpose of this chapter, or to
prevent circumvention or evasion of any rule,
regulation, or order issued hereunder. The
Secretary may also provide by rule or regulation,
for such confidentiality, publication, or disclosure,
of information collected hereunder as he may deem
necessary or appropriate in the public interest.
Rules, regulations, and orders, or amendments
thereto shall have the concurrence of the Secretary
of the Treasury prior to promulgation.
303. Secretary of Treasury functions
To assist the Secretary to carry out the provisions
of this chapter, the Secretary of the Treasury shall
collect information in the form and manner
prescribed by the regulations issued pursuant to
this chapter from persons engaged in foreign com-
merce or trade, other than by mail, and from the
owners or operators of carriers.
304. Filing export information, delayed filings,
penalties for failure to file
a) The information or reports in connection with
the exportation or transportation of cargo required
to be filed by carriers with the Secretary of the
Treasury under any rule, regulation, or order issued
pursuant to this chapter may be filed after the
departure of such carrier from the port or place of
exportation or transportation, whether such
departing carrier is destined directly to a foreign
port or place or to a noncontiguous area, or
proceeds by way of other ports or places of the
United States, provided that a bond in an approved
form in the penal sum of $1,000 is filed with the
Secretary of the Treasury. The Secretary of
Commerce may, by a rule, regulation, or order
issued in conformity herewith, prescribe a
maximum period after such departure during which
the required information or reports may be filed. In
the event any such information or report is not filed
within such prescribed period, a penalty not to
exceed $100 for each day's delinquency beyond the
prescribed period, but not more than $1,000,
shall-be exacted. Civil suit may be instituted in the
name of the United States against the principal and
surety for the recovery of any penalties that may
accrue and be exacted in accordance with the terms
of the bond.
(b) The Secretary may remit or mitigate any
penalty incurred for violations of this section and
regulations issued pursuant thereto if, in his
opinion, they were incurred without willful
negligence or fraud, or other circumstances justify
a remission or mitigation.
305. Violations, penalties
Any person, including the owners or operators of
carriers, violating the provisions of this chapter, or
any rule, regulation, or order issued thereunder,
except as provided in section 304 above, shall be
liable to a penalty not to exceed $1,000 in addition
to any other penalty imposed by law. The amount
of any such penalty shall be payable into the
Treasury of the United States and shall be
recoverable in a civil suit in the name of the United
States.
306. Delegation of functions
Subject to the concurrence of the head of the
department or agency concerned, the Secretary
306. Delegation of functions.--Cont.
may make such provisions as he shall deem
appropriate, authorizing the performance by any
officer, agency, or employee of the United States
Government departments or offices, or the
governments of any areas over which the United
States exercises sovereignty, jurisdiction, or
control, of any function of the Secretary, contained
in this chapter.
307. Relationship to general census law
The following sections only, 1, 2, 3, 4, 5, 6, 7, 11,
21, 22, 23, 24, 211, 212, 213, and 214, of chapters
1 through 7 of this title are applicable to this
chapter.
Foreign Trade Statistics Regulations
Code of Federal Regulations
Title 15--Commerce and Foreign Trade
Chapter 1--Bureau of the Census, Department of Commerce
Part 30--Foreign Trade Statistics
List of Subparts and Sections
Subpart A--General Requirements--Exporter
Sec.
30.1 General statement of requirement for
Shipper's Export Declarations.
30.2 Related export control requirements.
30.3 Shipper's Export Declaration forms.
30.4 Preparation and signature of Shipper's
Export Declarations.
30.5 Number of copies of Shipper's Export
Declaration required.
30.6 Requirements as to separate Shipper's
Export Declarations.
30.7 Information required on Shipper's Export
Declarations.
30.8 Additional information required on
Shipper's Export Declaration for In-Transit
Goods
(Form 7513).
30.9 Requirements for separation and alignment
of items on Shipper's Export Declarations.
330.10 Continuation sheets for Shipper's Export
Declaration.
30.11 Authority to require production of
documents.
30.12 Time and place Shipper's Export
Declarations required to be presented.
30.13 [Reserved]
30.14 [Reserved]
30.15 Procedure for presentation of declarations
covering shipments from an interior point.
30.16 Corrections to Shipper's Export
Declarations.
Subpart B--General Requirements--Exporting
Carriers
330.20 General statement of requirement for the
filing of manifests and Shipper's Export
Declarations by carriers.
330.21 Requirements for the filing of manifests.
Subpart B--General Requirements--Exporting
Carriers--Cont.
30.22 Requirements for the filing of Shipper's
Export Declarations by departing carriers.
30.23 Requirements for the filing of Shipper's
Export Declarations by pipeline carriers.
30.24 Clearance or departure of carriers under
bond on incomplete manifest or Shipper's
Export Declarations.
Subpart C--Special Provisions Applicable
Under Particular Circumstances
30.30 Values for certain types of transactions.
30.31 Identification of certain nonstatistical and
other unusual transactions.
30.32 [Reserved]
30.33 Vessels, planes, cargo vans, and other
carriers and containers sold foreign.
30.34 Return of exported cargo to the United
States prior to reaching its final destination.
30.35 Shipments between United States points in
transit through Canada diverted to Canada.
30.36 [Reserved]
30.37 Exceptions from the requirement for
reporting 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.
30.40 Single declaration for multiple consignees.
30.41 "Split shipments" by air.
30.42 [Reserved]
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.
30.51 Government shipments not generally
exempt.
30.52 Special exemptions for shipments to the
U.S. armed services.
30.53 Special exemptions for certain shipments to
U.S. Government agencies and employees.
30.54 Special exemptions for mail shipments.
30.55 Miscellaneous exemptions .
30.56 Conditional exemptions.
30.57 Information on export declarations for
Shipments of types of goods covered by
30.56 not conditionally exempt.
Subpart E--General Requirements-Importers
30.70 Statistical information required on import
entries.
Subpart F--Special Provisions for Particular
types of Import Transactions
30.80 [Reserved]
30.81 Imports of merchandise into Guam.
30.82 Identification of U.S. merchandise returned
for repair and reexport.
30.83 Statistical copy of mail and informal
entries.
Subpart G--General Administrative Provisions
30.90 Confidential information, import entries
and withdrawals.
30.91 Confidential Information, Shipper's Export
Declarations.
30.92 Statistical classification schedules.
30.93 Emergency exceptions.
30.94 Instructions to Customs.
30.95 Penalties for violations.
Authority: (Title 13, United States Code,
Sections 301-307; and Title 5, United States Code,
Section 301; Reorganization Plan No. 5 of 1950,
Department of Commerce Organization Order No.
35-2A, August 4, 1975, 40 FR 42765).
Note: The term "Customs Director" or "District
Director of Customs" as used in this Part 30 means
the Regional Commissioner of Customs if the
transaction is at the port of New York City; the
district director of customs if at the headquarters
port of a customs district other than New York
City; and the customs officer in charge of the port
if at a nonheadquarters port.
Subpart A--General Requirements--Exporters
30.1 General statement of requirement for
Shipper's Export Declarations.
(a) Shipper's Export Declarations shall be filed
by exporters or their agents in accordance with the
definitions, specifications, and requirements of
these regulations for all commodities, gold and
silver, except as specifically exempted herein,
shipped as follows:
(1) To foreign countries or areas including
Trust Territories under U.S. administration, with
the exception of the Northern Mariana Islands, and
to Foreign Trade Zones in foreign countries or
areas from any of the following:
(i) The United States, including the 50
States and the District of Columbia.
(ii) Puerto Rico.
(iii) Foreign Trade Zones in the United
States or Puerto Rico.
(iv) The Virgin Islands of the United States.
(2) Between nonforeign areas as specified
below:1
(i) To Puerto Rico from the United States.
(ii) To the United States from Puerto Rico.
(iii) To the Virgin Islands of the United
States from the United States or Puerto
Rico.
(b) Shipper's Export Declarations shall be filed
for merchandise moving as described above
regardless of the method of transportation.
Instructions for the filing of Shipper's Export
Declarations for vessels, aircraft, railway cars, etc.,
when sold foreign appear in 30.33. Exemptions
from these requirements and exceptions to some of
the provisions of these regulations for particular
types of transactions will be found in subparts C
and D of this part.
30.2 Related Export Control Requirements
(a) Under the provisions of the Export
Administration Regulations of the Office of Export
Administration in the International Trade
Administration, U.S. Department of Commerce
(15 C.F.R. Parts 368-399)2, Shipper's Export
Declarations are also required for shipments of
merchandise from U.S. Possessions to foreign
countries or areas. In these regulations, the term
U.S. Possessions includes the Virgin Islands of the
United States, Guam Island, American Samoa,
Wake Island, Midway Island, and Canton and
Enderbury Islands.
(b) For all shipments to foreign countries or
areas, the Shipper's Export Declaration is an export
control document. In preparing and filing export
declarations for shipments to foreign countries and
areas, therefore, the shipper must comply with all
pertinent export control regulations as well as the
requirements of the statistical regulations of this
part. For convenience, a few provisions of the
Export Administration Regulations and of the
Customs regulations closely related to statistical
requirements have been incorporated in these
regulations. Information concerning export control
regulations and information concerning agencies
1Shipper's Export Declarations are not required
for shipments from United States or Puerto Rico to
the United States Possessions, except to the Virgin
Islands of the United States, or from a U.S. Pos-
session destined to the United States, Puerto Rico,
or another U.S. possession.
2 See also the Export Administration Regulations
of the Office of Export Administration, which may
be purchased from the Government Printing Office
or Department of Commerce District Offices.
30.2 Related Export Control Requirements.
--Cont.
other than the Department of Commerce exercising
export control authority for particular types of
commodities may be obtained from the Office of
Export Administration, International Trade
Administration, Washington, D.C. 20230, or from
Department of Commerce District Offices.
30.3 Shipper's Export Declaration forms.
(a) Official forms, or privately printed forms
conforming in every respect to the official forms,
shall be used in complying with requirements for
Shipper's Export Declarations as follows:
(1) Except for shipments for which the Shipper's
Export Declaration for Intransit Goods (Commerce
Form 7513) is required as specified below, the
Shipper's Export Declaration shall be prepared on
Commerce Form 7525-V or on Commerce Form
7525-V-Alternate (Intermodal). The arrangement
of Form 7525-V-Alternate (Intermodal) conforms
to and is designed for simultaneous preparation
with various other shipping documents commonly
used, such as the dock receipt, short form bill of
lading, etc. Form 7525-V-Alternate (Intermodal) is
acceptable in lieu of Form 7525-V without
limitation.
(2) For merchandise shipped in transit through
the United States, Puerto Rico, or the Virgin
Islands of the United States from one foreign
country or area to another, including such
merchandise destined from one foreign place to
another and transshipped in ports of the United
States, Puerto Rico, or the Virgin Islands of the
United States, and for foreign merchandise
exported from General Order Warehouses, the
Shipper's Export Declaration for Intransit Goods
(Commerce Form 7513) shall be filed. Form 7513
shall also be filed for merchandise subject to
government inspection, examination, or permit
arriving from a foreign country which is rejected
and exported. (Although Form 7513 provides that
it is to be used for foreign merchandise, it should
be used also for U.S. merchandise which after
having been exported has been returned to or
through the United States and is again being
exported under any of the conditions described in
this paragraph. Except for rejected merchandise,
Form 7513 is not to be used for the reexportation of
goods for which entry has been made on Customs
Forms 7501 or 7502.)
(b) The Shipper's Export Declaration and the
Continuation Sheet3 to the Shipper's Export
Declaration (both forms designated Commerce
Form 7525 V), and the Shipper's Export
Declaration for in transit Goods (Commerce Form
7513) may be purchased for a nominal price from
Customs Directors, Department of Commerce
District Offices, and the Superintendent of
Documents, Government Printing Office,
Washington, D.C. 20402, or they may be privately
printed. Supplies of the Alternate Intermodal
Shipper's Export Declaration and the Continuation
Sheet to the Alternate Intermodal Shipper's Export
Declaration are not available from Government
sales offices but must be privately printed. Sample
official Alternate Intermodal Forms and their
Continuation Sheets may be obtained from the
Foreign Trade Division, Bureau of the Census,
Washington, D.C. 20233. Privately printed
Shipper's Export Declaration forms must conform
strictly to the respective official form in size,
wording, color, quality (weight of paper stock), and
arrangement, including the Office of Management
and Budget Approval Number printed in the upper
right-hand corner of the face of the form. The
quality (weight) of paper stock used in printing the
Shipper's Export Declaration form is not less than
3See 30.10 for instructions as to use of the
continuation Sheet.
30.3 Shipper's Export Declaration forms.
16 nor more than 20 pounds commercial
substance. Occasional shippers may obtain copies
of Shipper's Export Declarations free of charge
from local Customs Directors, Post Offices, and
Department of Commerce District Offices.
30.4 Preparation and signature of Shipper's
Export Declarations.
(a) The Shipper's Export Declaration shall be
prepared and signed by the shipper, owner, or
consignor, or his properly authorized agent. For
shipments to foreign countries, if the Shipper's
Export Declaration is prepared by an agent his
authority to sign such declaration shall be in the
form of a properly executed power of attorney,
signed by the shipper, owner, or consignor, or in
the less formal written authorization printed on the
export declaration. The power-of-attorney shall be
on file in the agent's office and available for
inspection on demand. In every event the data
required in the Shipper's Export Declaration shall
be complete and correct and shall be based on
personal knowledge of the facts stated, or on
invoices or information furnished by the principal.
Exporters who authorize the preparation of their
export declarations by an agent shall provide the
agent with information for this purpose which will
in every respect meet the specifications in 30.7.
Particular attention is called to the fact that
invoices and other commercial documents
furnished to the agent for other purposes may not
necessarily contain all of the particular types of
information needed for the preparation of the
export declaration, and special arrangements
should be made so that the information needed for
the export declaration is noted upon or
accompanies the commercial documents furnished
to the agent, if he is to prepare the Shipper's Export
Declaration.
(b) Shipper's Export Declarations shall be
typewritten or prepared in ink or other permanent
medium (except indelible pencil). The use of ditto,
hectograph, or other duplicating process, as well as
the overprinting of selected items of information, is
acceptable.
(c) All copies of the Shipper's Export Declaration
shall contain all of the information called for in the
signature space as to name of firm, address, name
of signer, capacity of signer, etc. The original
Shipper's Export Declaration shall be signed in ink,
but signature of other copies is not required. The
use of signature stamps is acceptable as signature
in ink. A duly signed legible carbon or other copy
of the export declaration is acceptable as an
"original" of the Shipper's Export Declaration.
30.5 Number of copies of Shipper's Export
Declaration required.
(a) Except as provided elsewhere in these
regulations the Shipper's Export Declaration shall
be delivered to the carrier or postmasters, as
specified in 30.12 and 30.15, in the following
number of copies:
(1) In duplicate for shipments, except by mail,
destined to all foreign countries except Canada.
(2) One copy only for shipments to Canada and
nonforeign areas.
(3) One copy only for mail shipments to all
destinations.
(b) In addition to the standard requirements set
forth in paragraph (a) of this section, additional
copies of Shipper's Export Declarations may be
required for export control purposes by the
regulations of the Office of Export Administration
or other Government agencies or in particular
circumstances by the Customs Director or by the
postmaster.
30.6 Requirements as to separate Shipper's
Export Declarations.
Except as specifically provided in Subpart C, a
separate Shipper's Export Declaration (in the
required number of copies see 30.5) is required
for each shipment (consisting of one or more kinds
of merchandise) from one consignor to one
consignee on a single carrier. In addition, more
than one declaration is required for an individual
shipment as follows:
(a) For consignments by rail, truck, or other
vehicle, requiring more than one rail car, truck, or
other vehicle, a separate export declaration is
required for the merchandise carried in each such
rail car, truck, or other vehicle. However, Customs
Directors are authorized to waive this requirement
where multiple car shipments are made under a
single bill of lading or other loading document and
are cleared simultaneously.
(b) Commodities requiring a validated export
license shall not be reported on the same export
declaration with commodities moving under
general license.
30.7 Information required on Shipper's Export
Declarations.
The following information shall be furnished in
the appropriate spaces provided on the Shipper's
Export Declaration and shall conform to the
requirements set forth in this section. (See 30.92
for information as to the statistical classification
Schedules B, C-E, and D referred to in this section.
Also, see 30.8 for information required on Form
7513 in addition to these requirements.)
(a) Port of export. The name of the U.S. Customs
port of exportation shall be entered in terms of
Schedule D, Classification of Customs Districts
and Ports. (See 30.20(c) for definition of port of
exportation.) For shipments by mail, the name of
the Post Office where the package is mailed shall
be inserted in the space for U.S. port of export.
(b) Method of transportation. Except on
Commerce Form 7513, the method of
transportation by which the goods are exported (or
shipped to a nonforeign area where the declaration
covers such a shipment) i.e., vessel (including
ferry), air, or other, shall be indicated by check
mark in the appropriate space. For shipments by
means of transportation other than vessel or air the
specific method of transportation (rail, truck,
pipeline, etc.) used should be entered. "Other"
should be checked for exported aircraft being flown
away, vessels exported under their own power or
afloat, or for other vehicles exported other than
aboard another carrier, and the manner in which
exported should be specified; e.g., "flown away,"
"in tow," etc.
(c) Exporting carrier. Information concerning the
specific exporting carrier shall be reported as
follows:
(1) For shipments by vessel, the name and flag
nationality of the ship and the number or name of
the pier at which the goods were laden shall be
shown.
(2) For shipments by air, the name of the airline
shall be reported.
(3) For shipments by other than vessel or air, the
carrier shall be identified by name and number or
other available designation.
In all cases, the information shall be furnished as
to the carrier which transports the merchandise to a
foreign country or to an ultimate destination in a
nonforeign area, and not as to a different carrier
which may have transported the goods to the
seaport, airport, or border port of export for final
shipment.
30.7 Information required on Shipper's Export
Declarations.--Cont.
(d) Name of exporter and exporter's Employer
Identification Number.
(1) Name of exporter. In general, the exporter
named on the Shipper's Export Declaration shall
be the principal or seller in the export transaction.
For exports moving under validated license, the
exporter named on the Shipper's Export Declara-
tion shall be the licensee named on the validated
export license. The address of the exporter
(number, street, place, state) shall also be shown.
(On Form 7513, if an authorized agent is repre-
senting the exporter, the name of the exporter, as
defined herein should be shown on the line labeled
"For account of" where "Principal or seller" is
indicated below the line on the form.)
(2) Exporter's Employer Identification Number.
Exporters (or their agents) shall report the
exporter's Internal Revenue Service Employer
Identification Number (EIN). If no Internal
Revenue Service EIN has been assigned, the ex-
porter's Social Security Number (SSN), preceded
by the symbol "SS" should be reported. The
exporter's SSN shall be reported if, and only if, no
Internal Revenue Service EIN has been assigned to
the exporter. If neither an Internal Revenue Service
EIN nor an SSN has been assigned, as, for
example, in case of a foreign entity as the exporter,
the EIN or SSN reporting requirement does not
apply.
(e) Agent of exporter (forwarding agent). The
name and address of the duly authorized
forwarding agent (if any) of the exporter shall be
stated. (See 30.4.) (On Form 7513, the information
as to agent (if any) should be shown on the line
labeled "Exporter," where "Actual shipper or
agent" is indicated below the line on the form.)
(f) Ultimate consignee. The name and address
(place, country) of the ultimate consignee whether
by sale in the United States or abroad or by
consignment shall be stated on the export
declaration. For exports to foreign countries, the ul-
timate consignee shall be the same person so
designated in the validated export license or
authorized to be ultimate consignee under the
applicable general license in conformity with
Export Administration Regulations.
(g) Intermediate consignee. The name and address
of the intermediate consignee (if any) shall be
stated. For exports to foreign countries, the
intermediate consignee shall be the person named
as such in the validated export license or authorized
to act as such under the applicable general license
and in conformity with the Export Administration
Regulations. If there is no intermediate consignee,
the word "none" shall be entered on the Shipper's
Export Declaration. (On Form 7513 the name and
address of the intermediate consignee (if any) in a
foreign country must be shown below the
description of commodities across columns 1
through 6.)
(h) Foreign port of unloading. For shipments by
vessel and by air the foreign port and country of
unloading (i.e., the foreign port and country at
which the merchandise will be unladen from the
exporting carrier) shall be shown on the Shipper's
Export Declaration in addition to the country of
ultimate destination. The reporting of "optional"
ports of unloading is not permissible except as
provided in the Export Administration
Regulations.4 Where optional ports of unloading
are named on the Shipper's Export Declaration
under the permissible conditions, a photocopy,
carbon, or other legible copy of the originally filed
Shipper's Export Declaration indicating the actual
port of unloading shall be filed by the
4See Export Administration Regulations. (See
footnote 2 above.)
30.7 Information required on Shipper's Export
Declarations.--Cont.
exporter or his agent with the Customs Director as
soon as the actual port of unloading is known to the
exporter. (See 30.16 of these regulations.)
Information as to port of unloading is required for
shipments by vessel and air only.
(i) Country of destination. Country of destination
shall be reported on the Shipper's Export
Declaration in terms of the names designated in
Schedule C-E, Classification of Country and
Territory Designations of U.S. Export Statistics, as
follows:
(1) For shipments under validated export
licenses, the country of ultimate destination shown
on the export declaration shall conform to the
country of ultimate destination as shown on the
license.
(2) For shipments not moving under validated
export license, the country of ultimate destination
as known to the exporter at the time of exportation
shall be shown on the export declaration. "Country
of ultimate destination" means the country in which
the goods are to be consumed or further processed
or manufactured. The country to which the goods
are being shipped is not the country of ultimate
destination for purposes of preparing the Shipper's
Export Declaration if the exporter has knowledge at
the time the goods leave the United States that they
are intended for reexport or transshipment in their
present form to another known country. For goods
shipped to Canada, Panama, Hong Kong, Belgium
or the Netherlands for example, special care should
be exercised before reporting these countries as the
ultimate destination, since these are countries
through which merchandise from the United States
is frequently transshipped. If the shipper does not
know the ultimate destination of the goods, the
country of destination to be shown on the export
declaration is the last country, as known to the
exporter at the time of shipment from the United
States, to which the goods are to be shipped in their
present form. (For instructions as to the reporting
of country of destination for vessels sold or
transferred from the United States to foreign
ownership, see 30.33.)
(j) Marks and numbers. For purposes of
identification of the export declaration with the
merchandise it covers, the marks, numbers, or other
identification shown on the packages should be
inserted. This information is not required for
shipments by mail inasmuch as the declaration is
presented to the Postmaster with the packages
being mailed.
(k) Number and kind of packages. The number
and kind of packages (i.e., boxes, barrels, baskets,
bales, etc.) shall be stated.
(l) Description of commodities and Schedule B
number. The correct commodity number as
provided in
Schedule B, Statistical Classification of Domestic
and Foreign Commodities Exported from the
United States, shall be entered in the space
provided on the Shipper's Export Declaration form,
and a description of the merchandise shall be
supplied in the "Description of Commodities"
column in sufficient detail to permit the
verification of the Schedule B commodity number.
The name of the commodity, in terms which can be
identified or associated with the language used in
Schedule B (usually the commercial name of the
commodity), and any and all characteristics of the
commodity which distinguish it from commodities
of the same name covered by other Schedule B
classifications shall be clearly and fully stated.
Careful reference to the Schedule B classification
scheme for related commodities as well as for the
commodity being shipped, is necessary in order to
establish which 30.7 Information required on
Shipper's Export Declarations--Cont.
particular characteristics must be stated in the
description to permit verification of the correct
Schedule B commodity number and to eliminate
any question that some other commodity number
might apply. A description of commodities in the
kind of detail specified above is a separate
requirement, and the furnishing of the correct
Schedule B commodity number does not relieve
the exporter of furnishing, in addition, a complete
and accurate commodity description in accordance
with this requirement. If the shipment is moving
under a validated license, the description shown on
the export declaration shall conform with that
shown on the validated export license. However,
where the description on the license does not state
all of the characteristics of the commodity which
are needed to completely verify the commodity
number, as described above, the missing
characteristics, as well as the description shown on
the license, shall be stated in the commodity
description on the Shipper's Export Declaration.
(m) Export license number and expiration date
(or general license symbol). For exports to foreign
countries the export license number and expiration
date, or the general license symbol shall be shown
below the description of the commodity.
(n) Net quantity. Where a unit of quantity is
specified in Schedule B for the commodity number
in which the item is classified, net quantity is
required to be reported in the specified unit, and the
unit in which reported should be indicated on the
declaration following the net quantity figure.
Where the unit of quantity specified in Schedule B
is "No." (number), "Each" or the abbreviation "Ea."
may be indicated on the declaration as the unit of
quantity. If no unit of quantity is specified in
Schedule B for a numbered classification, but a
validated export license for the item specifies a unit
of quantity, the net quantity shall be reported on the
declaration in terms of the unit of quantity
specified in the validated license. If neither
Schedule B nor an applicable validated license
specifies a unit of quantity for the item, net
quantity is not required to be reported, and an "X"
should be entered in the "net quantity" column on
the Shipper's Export Declaration. Where Schedule
B calls for two units of quantity, net quantity shall
be reported in terms of both units. Where the
specified unit is in terms of weight (ounces,
pounds, etc.) the net quantity should reflect the net
weight, exclusive of the weight of barrels, boxes,
or other bulky
coverings, and exclusive of salt or pickle in the
case of salted or pickled fish or meats. Note,
however, that for a few commodities where
"content lb.," "dry weight," or some similar weight
unit is specified in Schedule B, the net quantity to
be reported on the Shipper's Export Declaration
may be less than the net weight. In the expression
of net quantities, fractions of one-half unit or
upward will be counted as a whole unit, and
fractions of less than one-half unit will be ignored,
except that where the total net quantity is less than
one-half of the unit prescribed for the commodity
in Schedule B "Less than one-half (unit)" should be
reported. (For example, where the unit for a given
commodity is in terms of "M board feet," a net
quantity of 8,400 board feet would be reported as
"8 M bd. ft." and a net quantity of 900 board feet
would be reported as "1 M bd. ft."; however, a total
net quantity of 450 board feet should not be
ignored but should be reported as "less than
one-half M bd. ft.".)
(o) Gross (shipping) weight. In addition to
specifying the net quantity in the units required by
Schedule B, the gross shipping weight in pounds,
including the weight of containers, shall be shown
for all shipments by vessel and air. However, for
containerized cargo in lift vans, 30.7 Information
required on Shipper's Export Declarations--Cont.
cargo vans, or similar substantial outer containers,
the weight of such containers should not be
included in the gross weight of the commodities. If
gross shipping weight information is not available
for individual Schedule B items for the reason that
commodities covered by more than
one Schedule B number are contained in the same
shipping container, approximate shipping weight,
estimated as accurately as is practicable, may be
shown on the Shipper's Export Declarations for
each Schedule B item in the container. The total of
the estimated weights must equal the actual ship-
ping weight of the entire container or containers
and contents. Gross shipping weight is not required
for shipments by mail or for shipments by methods
of transportation other than vessel or air.
(p) "D" (Domestic) or "F" (Foreign).
(1) The export declaration covering exports to
foreign countries shall show foreign goods
separately from goods of domestic production.
Exports of foreign merchandise include those
commodities which are the growth, produce, or
manufacture of foreign countries which entered the
United States including U.S. Foreign Trade Zones,
as imports and which at the time of exportation
have undergone no change in form or condition or
enhancement in value by further manufacture in the
United States, including U.S. Foreign Trade Zones,
Puerto Rico, or U.S. Possessions.
(2) Exports of domestic merchandise include
those commodities which are the growth, produce,
or manufacture of the United States, including U.S.
Foreign Trade Zones, Puerto Rico, or U.S.
Possessions (including commodities incorporating
foreign components), and those articles of foreign
origin which have been enhanced in value or
changed from the form in which imported by
further manufacture or processing in the United
States, including U.S. Foreign Trade Zones, Puerto
Rico, or U.S. Possessions.
(3) The above distinction between domestic and
foreign merchandise is intended only for use in
reporting on the Shipper's Export Declaration and
is intended for statistical purposes only.
(4) On the Shipper's Export Declaration
in the column headed "Specify 'D' or 'F', domestic
merchandise shall be identified by the designation
"D" and foreign merchandise shall be identified by
the designation "F." On the Shipper's Export
Declaration for In-Transit Goods, Form 7513, one
of the following statements, whichever is
appropriate, shall be shown across the body of the
form within columns 1 through 6: (i) for in-transit
shipments of domestic (U.S.) merchandise, "The
merchandise described herein is of the growth,
production or manufacture of the United States;"
and (ii) for in-transit shipments of foreign
merchandise, "The merchandise described herein is
of foreign origin."
(q) Value.
(1) In general, value to be reported on the
Shipper's Export Declaration shall be the value at
U.S. port of export (selling price or cost if not sold,
including inland freight, insurance and other
charges to U.S. port of export) (nearest whole
dollar; omit cents figures). "Selling price" for
goods exported pursuant to sale is the exporter's
price to his customer net of any unconditional
discounts from list price, but without deducting any
discounts which are conditional upon a particular
act or performance on the part of the customer.
Commissions to be paid by a U.S. exporter to his
agent abroad, or to be deducted from the selling
price by the exporter's agent
30.7 Information required on Shipper's Export
Declarations--Cont.
abroad should be excluded. For goods shipped on
consignment without a sale actually having been
made at the time of export, the "selling price" to be
reported on the Shipper's Export Declaration is the
market value at the time of export at the United
States port from which exported.
(2) The value reported on the Shipper's Export
Declaration shall exclude: the cost of loading on
the exporting vessel, aircraft, car or vehicle at the
port of exportation; freight, insurance, and any
other charges or transportation costs beyond the
port of export; and any duties, taxes, or other
assessments imposed by foreign countries. The
value reported shall include inland or domestic
freight or other charges to the seaport, airport, or
border port of exportation.
(3) The value to be reported as defined above is
(or is equivalent to) an f.a.s. (Free alongside ship)
value. Therefore, where goods are sold f.o.b. a U.S.
point other than the port of exportation, freight,
insurance, and other costs to the border, sea, or
airport of exportation shall be added to the selling
price (as defined above) for purposes of reporting
value on the Shipper's Export Declaration. If the
actual amount of such domestic costs is not
available, an estimate of the domestic costs shall be
added. Where goods are sold at a "delivered" price,
c.i.f. foreign destination, the cost of loading on the
exporting carrier at the port of exportation, if any,
and freight, insurance, and other costs beyond the
port of exportation should be subtracted from the
price for purposes of reporting value on the
Shipper's Export Declaration. If the actual amount
of such costs is not available, an estimate of the
costs should be subtracted. Costs added to or
subtracted from the selling price in accordance with
the above instructions should not be itemized or
shown separately on the Shipper's Export Declara-
tion, but the value reported should be the value
after the making of such adjustments, where they
are required to arrive at "value at U.S. port of
export." In the expression of values in export
declarations, fractions of a dollar less than 50 cents
should be ignored, and fractions of 50 cents or
upward should be counted as $1.
(4) For definitions of the value to be shown on
the Shipper's Export Declaration for special types
of transactions where the commodities are not
being exported pursuant to commercial sales, or
where subsidies, Government financing or
participation, or other unusual conditions are
involved, see 30.30.
(r) Date of exportation. Information as to date of
exportation is not required to be reported for
shipments by vessel or by mail. For other
shipments, the date of departure (or date of
clearance, if date of departure is not known) shall
be shown on the Shipper's Export Declaration as
the date of exportation.
(s) Designation of agent and signature. For
information regarding the use of the space provided
on Form 7525-V and 7525-V-Alternate (Inter
modal) for authorization of agent, and for
requirements as to signature, see 30.4.
(t) Point (state) of origin or Foreign Trade Zone
number. (Not required for in-transit merchandise
documented on Form 7513.)
(1) The state in which the merchandise actually
begins its movement in international trade; that is,
the state in which the merchandise actually starts
its journey to the port of export. For example, a
Shipper's Export Declaration covering merchandise
laden aboard a truck at a warehouse in Georgia for
transport to Florida for loading onto a vessel for
export to a foreign country shall show Georgia as
the state of origin.
30.7 Information required on Shipper's Export
Declaration--Cont.
This may not be the state where the merchandise
was produced, mined, or grown, or necessarily the
state where the exporter is located. The state
designation to be shown shall be the U.S. Postal
Service's standard two-letter state abbreviation.
(2) For shipments of multistate origin, reported
on a single SED, report state of the commodity of
the greatest value or, if such information is not
known at the time of export, the state in which the
commodities are consolidated for export .
(3) For merchandise exported from a U.S.
Foreign Trade Zone, the letters "FTZ" followed by
the Foreign Trade Zone number shall be reported.
(u) Containerized. (Not required for in-transit
merchandise documented on Form 7513.) This
information is required to be shown for vessel
shipments only. A containerized shipment is one
transported in any size van-type container such as
8' x 8' x 20' or 8' x 8' x 40' Cargo originally booked
as containerized cargo as well as that placed in
containers at the vessel operator's option shall be
included.
(v) Parties to transaction. (Not required for
in-transit merchandise documented on Form 7513.)
An export between related parties is one
(1) From a U.S. person (U.S. exporter) to a
foreign business enterprise (foreign consignee) in
which at anytime during the fiscal year, the U.S.
person owned or controlled, directly or indirectly,
10 percent or more of the voting securities of the
foreign enterprise, if an incorporated business
enterprise; or an equivalent interest, if an
unincorporated business enterprise, including a
branch; or
(2) From a U.S. business enterprise (U.S.
exporter) to a foreign person (foreign consignee)
that, at anytime during the fiscal year, owned or
controlled, directly or indirectly, 10 percent or
more of the voting securities of the U.S. business
enterprise, if an incorporated business enterprise; or
an equivalent interest if an unincorporated business
enterprise, including a branch.
30.8 Additional information required on
Shipper's Export Declaration for In-Transit
Goods (Form 7513).
In addition to the information required under
30.7, the following information shall be shown on
the Shipper's Export Declaration for In-Transit
Goods, Form 7513:
(a) U.S. port of arrival. The U.S. port at which
the merchandise covered by the declaration arrived
from a foreign country shall be shown.
(b) Country from which shipped. The name of the
foreign country where the goods were loaded on
the carrier which transported the merchandise to
the United States from a foreign country shall be
indicated.
(c) Date of arrival. The date on which the
merchandise arrived in the United States shall be
entered.
(d) Country of origin. The name of the country of
origin as defined in 30.70(f) shall be indicated.
30.9 Requirements for separation and alignment
of Items on Shipper's Export Declaration.
For each Schedule B classification (see 30.7(1))
for which merchandise is included in the shipment,
a separate item shall be shown on the Shipper's
Export Declaration and the separate description of
commodities, shipping weight, "D" 30.9
Requirements for separation and alignment of
Items on Shipper's Export Declaration.--Cont.
or "F" designation, Schedule B commodity
number, net quantity and value for the item shall be
correctly aligned horizontally, and clearly
distinguishable from information applying to other
Schedule B items on the same declaration.
However, where merchandise covered by a single
Schedule B classification is moving under more
than one general license, under more than one
validated export license, or under a validated
export license which shows two or more listings for
the same Schedule B number, a separate
item shall be shown on the Shipper's Export
Declaration for each license or for each listing on
the license.5 For merchandise moving under
validated license, information required by export
control regulations as to export license number and
expiration date, and information as to whether the
export is a partial or complete shipment against the
license, shall be shown immediately below the
corresponding description of commodities on the
Shipper's Export Declaration. Where two or more
items are classified under the same Schedule B
number and moving under the same general
license, or where no license is required, the
quantities, values and shipping weights of such
invoice items, wherever practical, should be
combined and the information shown on a single
horizontal line of the Shipper's Export Declaration.
Commodities of U.S. manufacture incorporating
foreign components shall be reported under the
Schedule B number for the exported commodity,
and a separate item shall not be shown for the
imported components. If the exporter desires to
record the imported components separately on the
export declaration for purposes of identification
with a temporary import bond, a notation may be
made in the "Description of Commodities" column
as to the imported components Which have been
incor- porated in the exported commodity. In the
preparation of the export declaration, shippers shall
conform to the line spacing on all copies.
30.10 Continuation sheets for Shipper's Export
Declaration.
When more horizontal lines than the number
provided on the Shipper's Export Declaration form
are required to list all of the merchandise covered
by the declaration, Continuation Sheets should be
utilized.6 In lieu of official Continuation Sheets,
additional copies of the Shipper's Export
Declaration form with no portion torn off or
removed, may be used as continuation sheets. All
continuation sheets shall be numbered in proper
sequence and securely stapled to the first sheet,
which must be the export declaration itself. Each
continuation sheet shall show the Customs port of
exportation and the country of ultimate destination
for the shipment. The following statement with the
blank filled in as appropriate, shall be inserted on
the
last line of the description column of the Shipper's
Export Declaration itself:
"This declaration consists of this sheet and
__(no.) continuation sheets."
30.11 Authority to Require Production of Docu-
ments.
For purposes of verifying the completeness and
accuracy of the information reported as required
under 30.7 and 30.8, and for other purposes under
the regulations in this part, Customs is authorized
to require the owners and operators of exporting
5See 30.6 for prohibition against reporting general
license Commodities on the same Shipper's Export
Declaration with commodities moving under a
validated license.
6 See 30.3(b)
30.11 Authority to Require Production of Docu-
ments.--Cont.
carriers, as well as the exporters or their agents,
either at the time of exportation or within a
period of 3 years subsequent thereto, to produce for
inspection or copying shipping documents,
invoices, orders, packing lists, correspondence, as
well as any other relevant documents and to
furnish other information bearing upon a particular
exportation. The Bureau of the Census
is similarly authorized to require the production of
such documents. Customs shall refuse to accept
Shipper's Export Declarations containing known
errors and omissions, and may require their
correction, but acceptance by the Customs Director
shall not be construed as evidence that all
requirements have been met, and such acceptance
shall not relieve the exporter of the responsibility to
furnish complete and correct information at a later
time if all requirements have in fact not been
properly met.
30.12 Time and Place Shipper's Export
Declarations Required to be Presented.
For shipments by mail, the Shipper's Export
Declaration as required in 30.1 shall be presented
to the postmaster with the packages at the time of
mailing. For shipments other than by mail, except
as otherwise provided, the Shipper's Export Decla-
ration in the number of copies required by 30.5
shall be delivered to the exporting Carrier prior to
exportation. It is the duty of the exporter (or his
agent) to deliver the required number of Copies of
the Shipper's Export Declaration to the exporting
carrier prior to exportation; failure of the exporter
(or his agent) to do so constitutes a violation of the
provisions of these regulations, and renders such
exporter (or his agent) subject to the penalties
provided for in 30.95. For shipments by pipeline,
the Shipper's Export Declaration is not required to
be presented prior to exportation, and exportation
will be permitted upon the understanding that the
exporter or his agent, within 4 working days after
the end of each calendar month, will file with the
Customs Director having jurisdiction for the
pipeline, a Shipper's Export Declaration in the
number of copies.
30.13 [Reserved]
30.14 [Reserved]
30.15 Procedure for Presentation of
Declarations Covering Shipments From an
Interior Point.
For shipments from an interior point, the
Shipper's Export Declaration in the number of
Copies required in 30.5 may be prepared and
delivered by the exporter or his agent to the inland
carrier to accompany the merchandise to the
exporting carrier at the seaport, airport, or border
port of exportation, or it may be otherwise
delivered directly to the exporting carrier. In either
case, the Shipper's Export Declaration must be in
the exporting carriers' possession prior to
exportation. (See 30.6 for requirements for a
separate set of Shipper's Export Declarations for
each car, truck, or other vehicle, covering only the
merchandise exported in that car, truck, or vehicle.)
30.16 Corrections to Shipper's Export
Declarations.
Exporter (or their agents) shall report corrections,
cancellations, or amendments to information
reported on Shipper's Export Declarations to the
Customs Director at the port of exportation (or, in
the case of mail shipments, to the Postmaster at the
post office where the shipment was mailed) as soon
as the need for such correction, cancellation, or
amendment is determined. Such corrections,
cancellations, or amendments may be made
directly onto the 30.16 Corrections to Shipper's
Export Declarations.--Cont.
originally filed Shipper's Export Declarations if
the originally filed declarations have not already
been mailed to the Bureau of the Census. If the
originally filed Shipper's Export Declarations have
already been mailed to the Bureau of the Census, a
photocopy, carbon, or other legible copy of the
originally filed Shipper's Export Declaration, on
which the incorrect data are neatly lined out and the
corrected data entered thereon, shall be promptly
filed with the Customs Director at the port of
exportation (or, in the case of mail shipments, with
the Postmaster at the post office where the ship-
ment was mailed). Such correction copies should
have the words "CORRECTION COPY"
conspicuously shown in the upper right portion of
the form. The provisions of this paragraph relating
to the reporting of corrections, amendments, or
cancellations of information, shall not be construed
as a relaxation of the requirements of the laws and
regulations pertaining to the preparation and filing
of Shipper's Export Declarations.
Subpart B--General Requirements--Exporting Carriers
30.20 General statement of requirement for the
filing of manifests and Shipper's Export
Declarations by carriers.
(a) Carriers transporting merchandise from the
United States, Puerto Rico, or U.S. Possessions to
foreign countries; from the United States or Puerto
Rico to the Virgin Islands of the United States; or
between Puerto Rico and the United States; shall
not be granted clearance, where clearance is re-
quired, and shall not depart, where clearance is not
required, until manifests (for vessels, aircraft, and
rail carriers) and Shipper's Export Declarations
have been filed with the Customs Director as
specified below, except as provided in 30.24.
Where for reasons beyond the control of the
exporting carrier, a given declaration (or
declarations) has not been received prior to
exportation or departure, and the merchandise has
been laden, such carrier shall not as a result of this
circumstance be required to off- load the
merchandise, or to delay its clearance (where
clearance is required) or departure (if clearance is
not required). However, the provisions of 30.24
remain applicable.
(b) Except as otherwise specifically provided,
declarations should not be filed at the place where
the shipment originates if it is to be transshipped
within the United States area before being
dispatched to a foreign country or to its final
destination in a nonforeign area. This applies to
shipments originating in Puerto Rico or the Virgin
Islands of the United States being forwarded to the
United States for transshipment to another
destination, and to shipments originating in the
United States and being forwarded to Puerto Rico
or the Virgin Islands of the United States for
transshipment, as well as to merchandise being
transshipped in Customs Districts within the States
of the United States. In such cases, the declarations
should be filed only with the Customs Director at
the actual port of exportation.
(c) For purposes of these regulations, the port of
exportation is defined as the Customs port at which
or nearest to which the land surface carrier
transporting the merchandise crosses the border of
the United States into foreign territory, or, in the
case of exportation by vessel or air, the Customs
port where the merchandise is loaded on the vessel
or aircraft which is to carry the merchandise to a
foreign country or to a nonforeign area of ultimate
destination.
30.21 Requirements for the filing of manifests.
(a) Vessels. Vessels transporting merchandise as
specified in 30.20 (except vessels exempted by
paragraph (d) of this section) shall file a complete
manifest on Customs Form 1374 or similar form
approved by the Customs Director. The manifest
shall be filed with the Customs Director at the
respective ports where the merchandise is laden,
and shall show the destination of the vessel and list
all the cargo so laden. For each item of cargo, the
manifest shall show the marks and numbers of the
packages; and a description of the articles,
contents, quantities, and values, shall be shown;
however, a notation on the manifest that values are
as stated on the Shipper's Export Declaration,
copies of which are attached to such manifest, will
be accepted. There shall also be shown for each
item of cargo the bill of lading number shown on
the declaration covering the item, except that bill of
lading numbers are not required on manifests
covering cargo destined for Canada or a nonforeign
area. If an item on a manifest is one for which a
Shipper's Export Declaration is not required under
the regulations in this part, a notation shall be
inserted on the 30.21 Requirements for the filing
of manifests.
--Cont.
manifest as to the basis for the exemption. In lieu
of a listing of cargo on Customs Form 1374, the list
of cargo may be shown on bills of lading, cargo
lists, or other similar commercial forms, attached to
the manifest: Provided, that the manifest is
completely executed on Customs Form 1374 or
similar form approved by the Customs Director,
except for particulars as to cargo: And provided
also, that the bills of lading, cargo lists, or other
commercial forms are securely attached to that
form in such manner as to constitute one document;
that they are incorporated by suitable reference on
the face of the form such as "Cargo as per bills of
lading attached," or "Cargo as per commercial
forms attached," and that there is shown on the face
of each bill the information required by Customs
Form 1374 for the cargo covered by that document.
The manifest of vessels clearing for foreign
countries shall also show the quantities and values
of bunker fuel taken aboard at that port for fueling
use of the vessel, apart from such quantities as may
have been laden on vessels as cargo. The quantity
of coal shall be reported in tons, and the quantity of
fuel oil shall be reported in barrels of 42 gallons.
Fuel oil shall be described in such manner as to
identify diesel oil as distinguished from other types
of fuel oil.
(b) Aircraft. Aircraft transporting merchandise as
specified in 30.20 shall file a complete manifest on
Customs Form 7509. Such manifest shall be filed
with the Customs Director at the respective ports
where the merchandise is laden aboard the aircraft
which is to carry the merchandise to the foreign
country or to its ultimate destination in a
nonforeign area, and shall list all the cargo so laden
and show, for each item, the air waybill number or
marks and numbers on packages, the number of
packages, and the nature of the goods, except as
otherwise provided in this paragraph (b). In
addition, for any item for which a Shipper's Export
Declaration is not required under the regulations in
this part, a notation as to the basis for the
exemption shall be inserted on the manifest, or on
the waybill filed in lieu of listing on the manifest as
provided below. In lieu of listing the cargo on the
manifest, (1) in the case of shipments on an air
waybill, a copy of each document may be attached
to the cargo manifest, the numbers of such air
waybills listed in the body of the manifest, and the
statement "Cargo as per Air Waybills Attached"
noted on the manifest, or (2) on direct departures
only, for shipments requiring a Shipper's Export
Declaration a copy of each export declaration may
be attached to the cargo manifest. In such case the
Air Waybill numbers of such declaration shall be
listed on the cargo manifest in the column for air
waybill numbers, and the statement "Cargo as per
Export Declarations Attached" noted on the
manifest. Under this alternative procedure, any
shipments not requiring a Shipper's Export
Declaration shall be listed on the manifest, and a
notation as to the basis for the exemption shall be
shown. For aircraft carrying merchandise on direct
flights between the United States and Puerto Rico,
where the conditions of 19 CFR 6.8(e) of the
Customs Regulations are met and complied with, a
cargo manifest shall be required only for any
merchandise transported as cargo for which
Shipper's Export Declarations are required to be
filed but which cannot be timely filed. For cargo
requiring Shipper's Export Declarations, a
declaration shall be made on the cargo manifest, or
if none is required under the provisions of this
section, then either on the form for a cargo
manifest or the form for making a general
declaration as required by Customs Regulations.
This declaration shall state either "Attached
Shipper's Export Declarations together with the
items (if any) listed on the manifest represent a full
and complete enumeration and description of the
cargo carried on this flight except that for 30.21
Requirements for the filing of manifests.--Cont.
which Shipper's Export Declarations are not
required" or "All required cargo documents will be
filed within the 4-day bond period," the latter
statement to be used in those instances where none
of the Shipper's Export Declarations are available
at the time of departure. When the Shipper's Export
Declarations and any required cargo Manifests are
in fact subsequently filed, they shall be
accompanied by the following declaration:
Attached Shipper's Export Declarations represent a
full and complete enumeration and description (or
complete/supplement enumeration and description)
of the cargo carried on aircraft no............flight
no......... cleared direct for................on
...................except that cargo for which Shipper's
Export Declarations are not required in accordance
with the Foreign Trade Statistics Regulations.
Airline.............................
Authorized Agent ...........
(c) Rail carriers. Rail carriers transporting
merchandise as specified in 30.20 shall file a car
manifest. Such manifest shall be filed with the
Customs Director at the border port of exportation,
giving the marks and numbers, the name of the
shipper or consignor, description of the goods and
the destination thereof. The manifest may be a
waybill, or a copy thereof, or a copy of the
manifest prepared for foreign customs. For any
item for which a Shipper's Export Declaration is
not required by these regulations, a notation on the
manifest, or an oral declaration to the Customs
Director, shall be made by the carrier as to the basis
for the exemption.
(d) Carriers not required to file manifests. These
regulations do not require the filing of manifests by
carriers other than vessels, aircraft and rail carriers,
nor by vessels under 5 net tons engaged in trade
with a foreign country otherwise than by sea, nor
by vessels specifically exempted from entry by
section 441, Tariff Act of 1930, as amended.
30.22 Requirements for the filing of Shipper's
Export Declarations by departing carriers.
(a) To meet the requirements of 30.20 for the
filing of Shipper's Export Declarations, every
departing carrier transporting merchandise as
Specified in 30.20, including vessels, aircraft, rail
carriers, trucks and other vehicles, ferries, and
every other carrier shall deliver to the District
Director of Customs at the port of exportation, with
the manifest of the carrier, if a manifest is required
by the regulations in this part, Shipper's Export
Declarations prepared and signed by the exporters
or their agents covering all the cargo for which
such Shipper's Export Declarations are required by
the regulations in this part.
(b) The exporting carrier shall be responsible for
the accuracy of the following items of information
(where required) on the declaration: Name of
carrier (including flag, if vessel carriers), foreign
port of unloading, the bill of lading or air waybill
number, and whether or not containerized.
(c) Except as provided in paragraph (d) of this
section, when a transportation company finds, prior
to the filing of declarations and manifest as
provided in (a) of this section, that due to
circumstances beyond the control of the
transportation company or to inadvertence, a
portion of the merchandise covered by an
individual Shipper's Export Declaration has not
been exported on the intended carrier, the
transportation company shall correct the
descriptions and the quantity, value and shipping
weight (if any) amounts shown on the declaration
30.22 Requirements for the filing of Shipper's
Export Declarations by departing carriers.
--Cont.
to reflect the amount actually exported on the
carrier named in the Shipper's Export Declaration.
If a short shipment of this type is discovered by the
carrier after the Shipper's Export Declaration in
question has been delivered to the District Director
of Customs, the transportation company will
immediately notify the District Director of
Customs so that a correction can be made by the
Director on all copies of the declaration if it is still
in his possession. If the statistical copy of the
declaration has been transmitted by the Director to
the Bureau of the Census at the time of such
notification, the Director will require the exporter
(or his agent) to file a "Correction Copy" of the
originally filed Shipper's Export Declaration as
described in 30.16 of these regulations. If the
balance of the short-shipped merchandise is
subsequently exported, a new Shipper's Export
Declaration, complete in all detail, will be required.
If the short-shipped merchandise is exported on a
carrier of the transportation company named in the
original declaration, and if such exportation is
made within a reasonable period, the District
Director of Customs may accept a declaration
executed by such transportation company;
otherwise the new declaration shall be executed by
the exporter or his agent. In any event, the new
declaration shall contain the following statement:
These commodities or technical data were
included, but not shipped, on a Shipper's Export
Declaration filed at ______________________
(Port)
on _____________________
( Date )
(d) When a shipment by air covered by a single
Shipper's Export Declaration is divided by the
transportation company and exported in more than
one aircraft of the transportation company, the
"split shipment" procedure provided in 30.41 shall
be followed by the transportation company in
delivering manifests and Shipper's Export
Declarations to the District Director of Customs.
(e) Exporting carriers are authorized to amend
incorrect shipping weights reported on Shipper's
Export Declarations, and to prorate total shipping
weights among the individual commodities where
such carriers are able to do so based upon
information in their possession.
30.23 Requirements for the filing of Shipper's
Export Declarations by pipeline carriers.
The operator of a pipeline may transport
merchandise to a foreign country without prior
filing of Shipper's Export Declarations, on the
condition that within 4 days following the end of
each calendar month the pipeline operator will
deliver to the Customs Director Shipper's Export
Declarations prepared by the exporter or his agent
covering all exportations through the pipeline to
each consignee during the month.
30.24 Clearance or departure of carriers under
bond on incomplete manifest or Shipper's
Export Declarations.
(a) For purposes of the regulations in this part,
clearance (where clearance is required) or
permission to depart (where clearance is not
required) may be granted to any carrier by the
Customs Director prior to the filing of a complete
manifest as required under the regulations in this
part, or prior to the filing by the carrier of all
required Shipper's Export Declarations, provided
that a bond as specified in paragraph (b) of this
section is filed with the Customs Director. The
condition of the bond shall be that a complete
manifest, where a manifest is required by the
regulations in this part, and all required Shipper's
Export Declarations, shall be filed by the carrier
30.24 Clearance or departure of carriers under
bond on incomplete manifest or Shipper's
Export Declarations.--Cont.
not later than the fourth business day after
clearance (where clearance is required or departure
(where clearance is not required) of the carrier for
all carriers except as otherwise specifically
provided in subparagraphs (1) and (2) of this
paragraph.
(1) For shipments aboard a U.S. flag carrier
between the United States and Puerto Rico, or from
the United States or Puerto Rico to the Virgin
Islands of the United States, the condition of the
bond shall be that a complete manifest (where a
manifest is required) and all required Shipper's
Export Declarations shall be filed by the carrier not
later than the seventh business day after departure.
(2) For rail carriers to Canada, the condition of
the bond shall be that the manifest and all required
Shipper's Export Declarations shall be filed not
later than the 15th business day after departure.
In the event that any required manifest and all
required Shipper's Export Declarations are not filed
by the carrier within the period provided by the
bond, then a penalty of $50 shall be exacted for
each day's delinquency beyond the allowed period
of 4 days, 7 days, or 15 days, as appropriate; and if
the completed manifest, where required, and all
required Shipper's Export Declarations are not filed
within 3 days following the period of 4 days, 7
days, or 15 days, allowed under the bond, then for
each succeeding day of delinquency a penalty of
$100 shall be exacted, but no penalty shall exceed
$1,000 in total. Remission or mitigation of the
penalties provided herein may be granted in those
cases where, in the judgment of the administering
authority provided in paragraph (b) of this section,
the penalties were incurred without willful
negligence or fraud, or other circumstances justify
a remission or mitigation.
(b) Bonds filed in accordance with the provisions
of this 30.24 may take the form of a single entry
bond on Customs Form 7567 in the amount of
$1,000 or of a term or blanket bond on Customs
Form 7569 in the amount of $10,000 or such larger
amount as the Secretary of the Treasury may
prescribe, or in other approved form. Except as
provided below in this paragraph, there shall be
shown on the bond, or on a separate listing which
refers to and is made a part of the bond, a pro
forma list of shipments on board the departing
carrier for which Shipper's Export Declarations
have not been filed with the Customs Director. The
list shall show for each such shipment the name of
the shipper, the country to which exported, marks
and numbers of the packages, the number and kind
of packages, a description of the goods and the
value (or estimated value). However, where such
waiver will not interfere with the ability of the
Customs Director to check on performance under
the bond, or with the identification of the shipment
for purposes of obtaining statistical information in
the event of failure of performance under the bond,
the Customs Director may waive the requirement
for the pro forma list of shipments for which
declarations are missing, or may accept a list con-
taining less than the items of information
enumerated above. Approval of bonds and
administration of the provisions of the regulations
in this part relating to performance by carriers
under such bonds, including remission and
mitigation of penalties incurred by the carriers, are
hereby delegated to the Commissioner of Customs
or his delegate to be carried out in accordance with
the provisions of section 623 of the Tariff Act of
1930, as amended, and the regulations of the U.S.
Customs Service issued pursuant thereto.
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 1-111, 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 work being
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 Declaration must 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 its destination
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 at the 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 30.34 Return of exported
cargo to the United States prior to reaching its
final destination.
--Cont.
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 particular
types 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 Administration, 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 the
requirements 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 of destination 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 the requirement 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 368-399 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, Inter-
national Trade Administration, Washington, D.C.
20230.
(2) Authorization will be issued only when in
the judgement 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 are able to
furnish summary data each month in all the detail
required for statistical processing in terms of the
various classifications and cross-classifications
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
368-399) 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 in
connection 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 shipments 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 the Customs 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
on which 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
30.41 "Split shipments" by air. -- Cont.
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]
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
particular section 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 Grant-Aid shipments being transported as
Department of Defense cargo under the provisions
of Customs Circular Letters VES-5-MA, March 8,
1954 (MC 133), VES-5-MA, June 17, 1954 (MC
133 S.1), VES-5-MA, May 24, 1956 (MC 133 S.2)
and RES20-MC, 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 Grant-Aid shipments
to which a foreign
government has taken title before exportation or
to any Grant-Aid Military-Aid 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 exceptions
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 of shipments 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 (except shipments 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
consideration.
(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 exported directly 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 $1,000-and-under shipments.
(i) Shipments of interplant correspondence,
executed invoices and other documents, and other
shipments of company business 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 DL-5355-S.
(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 G-NOAA.
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
unaccompanied, of persons leaving the 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
furniture, 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
368-399) for lists of countries included in
each country group.
30.56 Conditional Exemptions.--Cont.
tricycles, perambulators, and their containers.
Provided, that the above-indicated 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 his
immediate 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 implements, instruments and tools of
trade, occupation, or employment and their
containers. Provided, that the above-indicated 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 other appurtenances 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 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, 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 Trust Territories 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 of Commerce 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 and
reviewing 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 of 1950;
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 of
carrier (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 no more
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
following shipments: (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 immediate
return 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 under a validated export license, i.e.
complete commodity description, license number,
Schedule B number, quantity, value. etc.
Subpart E--General Requirements--Importers
30.70 Statistical information required on import
entries.
Information for statistics on merchandise entering
the United States from foreign countries, U.S.
Foreign Trade Zones, and from the Virgin Islands
of the United States and other non foreign areas
(except Puerto Rico), is required to be reported by
importers on the following Customs entry and
withdrawal forms respectively required by U.S.
Customs regulations for individual transactions:
Customs Forms 7500, 7501, 7502, 7505, 7506,
7519, 7521, and 7535, and on Customs Form 7512
when used as an in-transit entry to document
immediate exportation or transportation and
exportation. The following items of information for
statistics shall be reported on the respective forms:9
(a) District and Port Code. (All forms.) The
Customs district code number and the port code
number (as shown in Schedule D, Classification of
Customs Districts and Ports) for the Customs port
of entry or filing shall be supplied. (Where
Customs does not require that the District and Port
codes be inserted by importers, the codes will be
filled in by Customs so that all entries and
withdrawals received by the Bureau of the Census
will bear these codes.)
(b) Importing vessel or carrier. (Not required for
merchandise entering U.S. Customs territory from
U.S. Foreign Trade Zones.)
(1) (Customs Forms 7501, 7502, 7512, and
7521.) Information is required as to the carrier or
means of transportation by which the merchandise
was transported from a foreign country to the first
port of unloading in the United States. If the
merchandise has been further transported in bond
between ports in the United States after having
been unladen from the carrier on which it arrived in
the United States, the name of the domestic carrier
shall not be substituted, and the information
furnished shall reflect the name of the carrier or
means of transportation by which the merchandise
arrived in the first U.S. port of unlading.
(2) For merchandise arriving in the United
States by vessel, the name of the importing vessel
is required. The importing vessel is the vessel
which transported the merchandise from the
foreign port of lading to the first U.S. port of
unlading.
(3) For merchandise arriving in the United
States by air, the name and nationality of the
importing airline is required. The importing airline
is the airline which carried the merchandise from
the foreign port of lading to the first U.S. port of
unlading, and not a domestic airline carrying the
merchandise after the initial unlading in the United
States.
(4) For merchandise arriving in the United
States by means of transportation other than vessel
or air, the means of transportation from the foreign
country is required, in such terms as "parcel post,"
"registered mail," "railroad," "trucks," "pipeline,"
etc.
(c) Foreign port of lading.
(1) (Customs Forms 7501, 7502, 7512, and
7521.) For merchandise arriving in the United
States by vessel or air, the name and country of the
foreign port at which the merchandise was actually
loaded on the vessel or aircraft that
carried the merchandise to the United States is
required. This information is not required for
merchandise entering the U.S. Customs
9The information required for statistical purposes
is in most cases also required by Customs
regulations for other purposes.
30.70 Statistical information required on import
entries.--Cont.
territory from a U.S. Foreign Trade Zone. For
shipments originating in either Canada or Mexico,
and arriving in the United States from Canada or
Mexico by rail, truck, pipeline, or other non
vessel/nonair mode of transportation, supply the
name of the province (Canada) or state (Mexico)
where the merchandise was first loaded for
exportation to the United States.
(2) For merchandise transshipped overseas in
the course of shipment to the United States,
whether or not covered by a through bill of lading,
the information furnished shall reflect only the
foreign port at which the merchandise was loaded
on the vessel, aircraft, or
other carrier which transported it to the first U.S.
port of unlading. Neither the foreign port of
original lading nor any port of lading other than the
last foreign port of lading shall be substituted.
When a single Customs form covers merchandise
loaded at more than one foreign port, the foreign
port of lading shall be indicated separately in the
"Marks and numbers and Country of origin"
column immediately below the country of origin
designation and on the same line as the mer-
chandise laden at each foreign port.
(3) For merchandise entering the U.S. Customs
territory from a U.S. Foreign Trade Zone, the
number of the Foreign Trade Zone, preceded by the
letters "FTZ" shall be shown in this space.
(d) U.S. port of unlading. (Not required for
merchandise entering U.S. Customs territory from
U.S. Foreign Trade zones.)
(1) (Customs Forms 7501, 7502, 7512, and
7521.) For merchandise arriving in the United
States by vessel or air, the U.S. port (as listed in
Schedule D) at which the merchandise was
unloaded from the importing vessel or aircraft is
required, whether or not such port is a Customs
port of entry. (For example, if entry is filed at the
Port of Los Angeles for merchandise unloaded
from the importing vessel at Long Beach,
California, the entry should show Long Beach as
the port of unlading. )
(2) When merchandise is transported in bond
from the U.S. port where unladen from the
importing vessel or carrier to another U.S. port or
ports to be entered for consumption or warehouse,
the port of unlading required to be shown on the
consumption or warehouse entry is the port or point
where the merchandise was unladen from the
importing vessel or carrier before transportation in
bond.
(e) Date of importation. (All forms.) For
merchandise arriving in the United States by
vessel, the month, day, and year on which the
importing vessel transporting the merchandise from
the foreign country arrived within the limits of the
U.S. port at which the merchandise was or is to be
unladen is required. The date of importation to be
reported for merchandise arriving in the United
States other than by vessel is the date on which the
merchandise arrives within the limits of the United
States.
(f) Country of origin.
(1) (All forms.) Country of origin shall be
reported in the "marks and numbers and country of
origin" column on entry and withdrawal forms (in
the ''marks and numbers" column on Forms 7512
and 7500), the "country of origin" space on the
Special Customs Invoice form, and in a
conspicuous place on commercial invoices
supplied to Customs where the Special Customs
Invoice form is not required. On multi page entries,
country of origin should be shown on each page.
(2) Country of origin shall be reported in terms
of the names designated in Schedule C-I,
Classification of Country and Territory
Designations For U.S. Import Statistics, unless a
more specific geographic area is required to be
shown for other purposes. The country of origin
30.70 Statistical information required on import
entries.--Cont.
is defined as the country in which the product
was mined, grown or manufactured. Further labor,
work or material added to an article in another
foreign country or the Virgin Islands of the United
States must effect a substantial transformation in
order to render such other country the "country of
origin." Such substantial transformations include
smelting of ores, refining of crude products, and
the like. The country of origin is not changed when
the merchandise is subjected in another country
merely to minor manipulations, such as sorting,
grading, and the like. When the merchandise is
invoiced in or exported from a country other than
that in which it originated, the actual country of
origin shall be specified rather than the country of
invoice or exportation. The country of origin for
imports of scrap and waste is the country in which
the merchandise was reduced to scrap or waste. In
the case of such commodities as industrial
diamonds or antiques, if the origin of the
merchandise is not known or cannot be ascertained
with reasonable effort, the country from which the
merchandise has been shipped shall be shown and
shall be indicated as the "Country of Shipment."
(3) Except as provided below, the country of
origin shown on import entries and withdrawals
should be based on information furnished by the
foreign supplier on import invoices. The importer
should inform his foreign supplier of the
requirements and definitions of this section and
instruct the foreign supplier to furnish information
on the invoice as to country of origin in accordance
with the above definition. If an invoice from the
foreign supplier is not available at the time of
entry, the importer shall enter the correct country of
origin according to his best knowledge. In any case
where the importer has reliable knowledge that the
country of origin shown on the invoice is incorrect,
he shall enter on the form the correct country of
origin according to his best knowledge, indicating
that it is a correction.
(4) When a single Customs form covers
merchandise from more than one country of origin,
the country of origin shall be indicated separately
against each item (or group of items).
(g) Description of merchandise. (All forms)
Except on Customs Form 7512 when used as an
Immediate Exportation or Transportation and
Exportation entry, the description of merchandise
shall be in terms of the Tariff Act in accordance
with the Tariff Schedules of the United States
Annotated for Statistical Reporting (TSUSA) and
in sufficient detail to permit the identification of
the TSUSA statistical reporting number to which
each commodity properly belongs. The name of the
commodity and any and all characteristics of the
commodity which distinguish it from commodities
of the same name covered by
other TSUSA statistical reporting numbers shall be
clearly and fully stated. For merchandise classified
in TSUSA classifications for which the instruction
"specify by name" is shown in TSUSA the specific
name of the commodity or a further identifying
description in addition to the description in the
more general terms of the commodity classification
definition is required. When Customs Form 7512 is
used as an Immediate Exportation or
Transportation and Exportation entry importers
need only report in terms of the first five digits of
TSUSA (i.e., in terms of TSUS).
(h) Gross weight in pounds. (Customs Forms
7501, 7502, 7512, anal 7521, for merchandise
transported to the United States by vessel or air
only.) Gross shipping weight in pounds shall be
reported in column (2a) immediately below the
description of merchandise (in "Gross Weight in
Pounds" column on Form 7512 on the same
horizontal line with value). Separate gross weight
30.70 Statistical information required on import
entries.--Cont.
information is required for the merchandise
covered by each reporting number, but if gross
weight is not available for each reporting number
included in one or more packages, approximate
shipping weight for each item shall be estimated
and reported. The total of these estimated weights
should equal the actual gross shipping weight of
the entire package or packages. However, for
containerized cargo carried in lift vans, cargo vans,
or similar substantial outer containers, the weight
of such containers should not be included in the
gross shipping weight of the merchandise covered
by each reporting number.
(i) Net quantity. (All forms except 7535.) When a
unit of quantity is specified in TSUSA for the
reporting number under which the item is reported,
net quantity shall be reported in the specified unit,
and (except where the unit is "No." (number) ) the
unit in which reported shall also be shown on the
entry following the net quantity figure. In cases
where two units of quantity are shown for the
commodity in TSUSA, net quantity shall be
reported on the import entry in each of the
specified units with the unit indicated in each case.
The quantity in terms of the unit marked with a
superior "v" in TSUSA should be shown on the
entry on the same horizontal line with the value.
The quantity in terms of any other units specified
in TSUSA should be shown below the first
quantity and should be enclosed in parentheses. If
no unit of quantity is specified in TSUSA for the
reporting number under which the item is reported,
net quantity is not required to be reported on the
import entry, and an "X" shall be entered in the
"net quantity" column. Where the unit of quantity
specified in TSUSA is "tons," long tons of 2,240
pounds shall be reported unless short tons of 2,000
pounds are specified in TSUSA. Quantities shall be
shown in whole units unless fractions of units are
required for Customs purposes.
(j) Value. (All forms.) Except on Customs Form
7512 when used as an Immediate Exportation or
Transportation and Exportation entry, the dollar
value shall be reported on the forms in accordance
with the definitions set forth in the Tariff Schedules
of the United States Annotated (TSUSA) and
sections 402 and 402a of the Tariff Act of 1930, as
amended. Moreover, the value shall be reported in
accordance with the format prescribed in the U.S.
Customs Regulations. (On Customs Form 7512
when used as an Immediate Exportation or
Transportation and Exportation entry, only the
Customs value in accordance with sections 402 and
402a of the Tariff Act of 1930, as amended, need
be reported.)
(k) TSUSA reporting number. (All forms.)
Except on Customs Form 7512 when used as an
in-transit entry, the reporting number according to
the current edition of the Tariff Schedules of the
United States Annotated shall be shown in the
column provided on the form. The reporting
number assigned shall reflect the correct TSUSA
classification of the merchandise and be consistent
with the rate of duty applicable to the commodity.
Where correct reporting as indicated in TSUSA
requires the use of more than one TSUSA
commodity number, all required reporting numbers
will be shown for an item on the Customs form. On
Customs Form 7512 when used as an Immediate
Exportation or Transportation and Exportation
entry, the reporting number, in terms of the first
five digits of TSUSA (TSUS), is required to be
shown in the column provided on the form for
"Description and Quantity of Merchandise." This
code should appear to the right of that column, on
the same line as the reported gross weight and
value.
Subpart F--Special Provisions for Particular Types of Import Transactions
30.80 [Reserved]
30.81 Imports of Merchandise into Guam
(a) Carriers of merchandise to Guam shall not be
permitted to unload cargo in Guam until the master
or other person in charge of the carrier shall deliver
to the Government of Guam at the place of
unloading a manifest, cargo list, freight list or
equivalent document showing a detailed account of
merchandise destined for Guam on board such
carrier, with the numbers and description of the
packages according to their usual name or
designation.
(b) For each shipment imported into Guam
except as listed in paragraph (d) below, the
importer in Guam shall furnish to the Government
of Guam at the port of entry of the merchandise at
the time of or prior to taking possession of such
merchandise, the commercial invoice covering the
shipment attached to a copy of the bill of lading or
air waybill signed by the carrier. (Where the
shipment is one for which no bill of lading (or air
waybill) is utilized only a copy of the commercial
invoice need be furnished.) In individual cases,
where warranted in the opinion of the Government
of Guam, the Government of Guam may release
merchandise to the consignee prior to receipt of the
commercial invoice and/or bill of lading or air
waybill in the case of perishable articles or other
merchandise, the immediate delivery of which is
necessary.
(c) Information concerning individual transactions
furnished to the Government of Guam pursuant to
these regulations may not be disclosed by those
having possession of or access to any copies of
such information for official purposes, to anyone
other than the exporter or importer except as
specifically directed by the Bureau of the Census.
(d) The following kinds of shipments are not to
be included in the statistics on shipments from the
United States to Guam and the documentation
prescribed in paragraphs (a) and (b) above shall not
be required for statistical purposes:
(1) Shipments to the U.S. Armed Forces;
(2) Shipments of office furniture, office
equipment, and office supplies, to and for the
exclusive use of U.S. Government offices;
(3) Baggage and personal effects, accompanied
or unaccompanied, of persons leaving the U.S., and
tools of trade, as described in Section 30.56 (a) and
(b).
30.82 Identification of U.S. merchandise
returned for repair and reexport.
Import entries covering U.S. merchandise
imported temporarily for repair or alteration and
reexport are required to show the following
statement: "Imported for Repair and Reexport."
30.83 Statistical copy of mail and informal
entries.
A legible copy of all mail and informal entries is
required for statistical purposes. In addition to the
information required to be shown for customs
purposes, the value is also required to be shown for
all merchandise including that not subject to duty.
Subpart G--General Administrative Provisions
30.90 Confidential information, import entries
and withdrawals.
The contents of the statistical copies of import
entries and withdrawals on file with the Bureau of
the Census are treated as confidential and will not
be released without authorization by the U.S.
Customs Service, in accordance with the policy set
forth in 19 C.F.R. 103.4 (Customs Regulations)
relating to the copies on file in Customs offices.
30.91 Confidential information, Shipper's
Export Declarations.
(a) Confidential status. The Shipper's Export
Declaration is an official Department of Commerce
form, prescribed jointly by the Bureau of the
Census and the International Trade Administration.
Information supplied thereon is confidential, for
use solely for official purposes authorized by the
Secretary of Commerce. Use for unauthorized
purposes is not permitted. Information on Shipper's
Export Declarations may not be disclosed to
anyone except the exporter or his agent by those
having possession of or access to any copy for
official purposes, except as provided in paragraph
(e) of this section.
(b) Copying of information to manifests not
permitted. Since certain types of information
from the outward manifests of ocean carriers can
be made public under the provisions of the
Customs Regulations, carriers are not permitted to
copy information to manifests (or to bills of lading
used in lieu of a listing of cargo on a manifest)
from Shipper's Export Declarations in their
possession for official purposes, except for (1) the
bill of lading number on the declaration, (2)
information on the declaration which is
identical with bills of lading or other sources of
information available to the carrier, and (3) items
of information which are required by Export
Administration Regulations to be identical or
consistent on both documents.
(c) Supplying of copies by exporters for unofficial
purposes not permitted. The regulations in this part
spell out precise definitions to be followed in
reporting information on Shipper's Export
Declarations. Strict adherence to these definitions
is necessary if the official purposes for which the
forms are required are to be effectively
accomplished. Because of the possibility that for
other purposes different definitions would be
appropriate, the supplying by exporters of any
copies (or of the information from copies) for any
unofficial purpose is considered detrimental to
official objectives and is not permitted.
(d) Limitations on issuance and reproduction of
copies. Consistent with the policy stated in
paragraph (c) of this section, and with the
confidential status of the document generally, the
following limitations are placed upon the issuance
of copies to exporters or their agents:
(1) A copy of a Shipper's Export Declaration
may be supplied to exporters or their agents only
when such a copy is needed by the exporter to
comply with: (i) official requirements for
presentation of a copy to the exporting carrier as
authorization for export, (ii) export control
requirements, or (iii) U.S. Department of
Agriculture requirements for proof of export in
connection with subsidy payments. Copies issued
to exporters or their agents under subdivisions (ii)
or (iii) of this subparagraph will be stamped as
follows by the Customs Director:
30.91 Confidential information, Shipper's
Export Declarations.--Cont.
Certified pursuant to the Export Administration
Regulations or to fulfill the requirements of a
Federal Agency and not for any other purpose. May
not be reproduced in any form.
(2) Use of copies of the Shipper's Export
Declaration in connection with claims for
exemption from internal revenue taxes or state
taxes is not permitted.
(e) Determination by the Secretary of Commerce.
When the Secretary of Commerce or delegate
determines that applying the exemption from
disclosure of information provided by an individual
Shipper's Export Declaration is contrary to the
national interest, the Secretary or delegate may
make such information available, taking such
safeguards and precautions to limit dissemination
as deemed appropriate under the circumstances. In
recommendations regarding such actions, the
Bureau of the Census will, in general, consider that
it is not contrary to the national interest to withhold
information on Shipper's Export Declarations from
private individuals or businesses (except the
exporter or the agent of the exporter) or from State
or local government agencies or officials,
regardless of the purposes for which the
information may be requested. In recommendations
regarding any other requests for access to official
copies, a judgment in the light of circumstances
will be made as to whether it is contrary to the
national interest to apply the exemption, keeping in
view that the maintenance of confidentiality has in
itself an important element of national interest.
30.92 Statistical classification schedules.
The following statistical classification schedules
referred to in the regulations in this part are hereby
incorporated by reference. Information as to where
copies may be obtained is indicated. Copies are
available for public inspection at the offices of
local Customs Directors and Department of Com-
merce District Offices.
TSUSA--Tariff Schedules of the United States
Annotated for Statistical Reporting, as currently
revised, shows the 7-digit statistical reporting
number to be used in preparing import entries and
withdrawal forms. TSUSA may be purchased from
the Superintendent of Documents, U.S.
Government Printing Office, Washington, D.C.
20402, local Customs Directors, or Department of
Commerce District Offices located in principal
cities. Purchase price includes the basic schedule
plus revisions as currently issued for an indefinite
period.
Schedule B--Statistical Classification of
Domestic and Foreign Commodities Exported from
the United States, as currently revised, shows the
detailed commodity classification requirements and
7-digit statistical reporting numbers to be used in
preparing Shipper's Export Declarations, as
required by these regulations. Schedule B may be
purchased from the Superintendent of Documents,
U.S. Government Printing Office, Washington,
D.C. 20402, local Customs Directors, or Depart-
ment of Commerce District Offices located in
principal cities. Purchase price includes the basic
schedules and supplements issued irregularly,
covering revisions in the schedule for an indefinite
period.
Schedule C-E-Classification of Country and
Territory Designations for U.S. Export Statistics.
Free from the Bureau of the Census, Washington,
D.C. 20233
Schedule C-l- Classification of Country and
Territory Designations for U.S. Import Statistics.
Free from the Bureau of the Census, Washington,
D.C. 20233.
30.93 Emergency exceptions.
Schedule D--Classification of Customs Districts
and Ports. Free from the Bureau of the Census,
Washington, D C. 20233.
In individual cases of emergency, where strict
enforcement of the regulations in this part would
create undue hardship, the Foreign Trade Division
of the Bureau of the Census, with the concurrence
of the Office of Export Administration in cases
where export control requirements are also
involved, may authorize such postponements of or
exceptions to the requirements of the regulations in
this part as are warranted by the circumstances and
not inconsistent with the aims of this chapter.
30.94 Instructions to Customs.
Instructions of a continuing nature to Customs
with respect to the forwarding of statistical copies
of forms and the preparation of special statistical
reports not involving requirements upon the public
will not be included in the regulations in this part,
but will, instead be transmitted to Customs through
appropriate administrative channels.
30.95 Penalties for violations.
Any person who violates any provisions of this
part, except for violations of the provisions relating
to delayed filing of documents under bond as
provided by 30.24, shall be liable to the United
States in civil penalty not exceeding $1,000 for
each violation, as authorized by section 305 of
chapter 9 of title 13 of the United States Code.
Vincent P. Barabba
Director
Bureau of the Census
I concur:
David R. MacDonald
Assistant Secretary of the Treasury
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