FTSR Letter No. 168 (Amendment 1)

To: U.S. Customs Service Headquarters, Customs Management Centers, Port Directors,Department of Commerce District Offices, Freight Forwarders, Exporters, Exporting Carriers, Consolidators, and All Others Concerned

From: U.S. Census Bureau (Census Bureau) and U.S. Customs Service (Customs)

Subject: Shipper's Export Declaration (SED) Exemption Statements to be Reported on the Bill of Lading, Air Waybill, Other Loading Documents for Carrier Use, or the Carrier Outbound Manifest

This amendment revises FTSR Letter 168, dated August 9, 1999 as specified on page 2 of the attachment. Whenever an exemption from the requirement for filing a SED is provided in the Foreign Trade Statistics Regulations (FTSR), 15 CFR Part 30, a notation, or exemption statement, describing the basis for the exemption shall be made on the first page of the bill of lading, air waybill, other loading document for carrier use, or the carrier outbound manifest. The exemption citation must reference the number of the section or provision in the FTSR where the particular exemption is provided so that the carrier at the time
of lading, and the Customs Port Director at the time of exportation may verify that no declaration is required.

With the implementation of the Automated Export System (AES) a new series of exemption statements is being initiated and space requirements may result in reporting problems for filers. In order to accommodate this situation, the Census Bureau is providing alternative exemption statements that filers may use when reporting an exemption from the SED filing requirement. The exemption statements listedon the attachment have been approved by the Census Bureau and Customs officials for use on the above-referenced documents when the SED is not required. In all cases the preferred method is to spell out the complete exemption statement on the manifest or appropriate loading document as to why the SED is not required with the appropriate FTSR (15 CFR Part 30) regulatory citation. Example: NO SED REQUIRED FTSR 30.55h (for value under $2,500). However, if that is not possible because of space concerns, the attached exemption statement alternatives are acceptable. The standard exemption provisions from filing the SED are found in 15 CFR Part 30, Subpart D, Sections 30.50 through 30.58 or
other appropriate sections in the FTSR. The AES exemption provision is found in 15 CFR Part 30, Subpart E, Section 30.65.

Failure to comply with these requirements may result in shipment delays or penalties. If you have any questions concerning these requirements, please contact the Regulations, Outreach, and Education Branch, Foreign Trade Division, U.S. Census Bureau on 301-457-2238, or the Director of Outbound Programs, U.S. Customs Service on 202-927-6060.

(signed: C. Harvey Monk, Jr.) (signed: Peter J. Baish)

C. HARVEY MONK, JR. PETER J. BAISH
Chief, Foreign Trade Division Director of Outbound Programs
U.S. Census Bureau U.S. Customs Service

Attachment

Attachment
(Amendment 1)

Shipper's Export Declaration (SED) Exemption Statements


I. Standard FTSR Exemption Statements (30.55h used for
example purposes only). Standard exemption citations are found
in 15 CFR Part 30 Subpart D, Sections 30.50 through 30.58 or
other appropriate sections of 15 CFR Part 30.
a) No SED Required FTSR 30.55h
b) No SED FTSR 30.55h
c) NDR FTSR 30.55h
d) NDR 30.55h

II. Standard AES (OPTION 2 & 3) Exemption Statements
(See 15 CFR Part 30, Subpart E, Section 30.65)
a) No SED Required AES Filer ID-SRN
b) No SED AES Filer ID-SRN
c) NDR AES Filer ID-SRN
d) AES Filer ID-SRN
e) AES ITN (if available)

III. Standard AES -PASS Exemption Statements
[NOTE: AES-PASS expires March 15, 2000. See footnote 5]
a) No SED Required AES PASS Filer ID-SRN
b) No SED AES PASS Filer ID-SRN
c) NDR AESP Filer ID-SRN
d) AESP Filer ID-SRN

IV. Standard AES OPTION 4 Exemption Statements
a) No SED Required AES OPT4 Exporter ID -Filer ID (forwarding agent)
b) No SED AES4 Exporter ID-Filer ID
c) NDR AES4 Exporter ID-Filer ID
d) AES4 Exporter ID-Filer ID

V. Reporting Split Shipments (SS)
a) "Split Shipments" should be referenced as such
on the manifest in accordance with provisions
contained in FTSR 30.41, "Split Shipments by
air." The notation should be easily identifiable
on the manifest.
b) If it is preferable to include a reference to a
split shipment in the exemption statements cited
above, the notation SS should be included at the
end of the appropriate exemption statement.

VI. Reporting In-transit Shipments transmitted using the
Automated Manifest System (AMS)
When the SED for In-transit Goods, Form 7513
is filed using the AMS and the paper Form 7513
is not attached to the manifest the following
exemption citations should be used:
a) No 7513 Required AMS IN BOND NO.
b) NDR 7513 AMS IN BOND NO.
c) 7513 AMS IN BOND NO.

This amendment revises FTSR Letter 168, dated August 9, 1999 as follows:

1. The AERP exemption statement (Item II) is deleted. With the expiration of the Automated Export Reporting Program (AERP) on December 31, 1999, AERP exemption statements or references to FTSR 30.39 are no longer valid and must not be reported on the manifest.

2. For the Standard AES (Option 2 and 3) exemption statement footnote 2 is revised to refer to "Filer ID" in place of "EIN," and the DUNS number can be reported if it is the same as the filer's ID number reported on the AES record. This is being done to emphasize that the ID of the filer (i.e. the exporter or their agent) must be reported on the AES record. Also, per FTSR 30.63(a)(1)(ii), if a DUNS number is reported on the AES record it can be reported on the exemption statement.
[NOTE: Per FTSR 30.63(a)(1)(ii), the exporter's EIN or SSN must be reported with the initial shipment. Only subsequent shipments can be identified using the DUNS number.]

3. Footnote number 5 for AES-PASS is revised to state that the AES-PASS exemption statement will no longer be valid after March 30, 2000, and must not be reported on the manifest after that date.