May 22, 2003
FTSR Letter No. 168 (Amendment 2)
To: U.S. Customs and Border Protection Headquarters, Customs Management
Centers, Port Directors, Department of Commerce District Offices, Freight
Forwarders, Exporting Carriers, U.S. Principle Party in Interest (USPPI),
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 Amendment 1, dated February 10,
2000 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 has been initiated and space requirements may
result in reporting problems for filers. In order to accommodate this
situation, the Census Bureau is providing alternative acceptable exemption
statements that filers may use when reporting an exemption from the SED
filing requirement. The exemption statements listed on the attachment
have been approved by 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
30.55(h) (for value $2,500 or under). 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. 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) 763-2238, or the Director
of Border Targeting and Analysis, U.S. Customs Service on (202) 927-6060.
(signed: C. Harvey Monk, Jr.) |
(signed: Charles Bartoldus) |
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C. HARVEY MONK, JR. |
CHARLES BARTOLDOUS |
Chief, Foreign Trade Division |
Director of Border Targeting and Analysis |
U.S. Census Bureau |
U.S. Customs and Border Protection |
Attachment
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Attachment page 1of 2 |
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(FTSR Letter #168 Amendment 2) |
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) NDR1 FTSR 30.55h
d) NDR 30.55h
II. Standard AES (Option 2) Exemption Statements (See 15 CFR Part 30,
Subpart E, Section 30.65). NOTE: The AES XTN (see footnote 4) is the Filer
ID, followed by a dash, and the SRN.
a) No SED Required AES Filer ID-SRN (see footnotes 2 and 3)
b) No SED AES Filer ID-SRN
c) NDR AES Filer ID-SRN
d) AES Filer ID-SRN
e) AES ITN (see footnote 5)
Examples:
(c) NDR AES 123456789-123145226JEM
(e) NDR AES X20021012000001
III. Standard AES (Option 4) Exemption Statements NOTE: Option 4 statements
differ in that an 11 position USPPI ID is required. The option number
must be included in the Option 4 exemption statement (following AES) as
specified by the example.
a) No SED Required AES OPT4 USPPI ID- Filer ID (see footnote 6)
b) No SED AES4 USPPI ID-Filer ID
c) NDR AES4 USPPI ID-Filer ID
d) AES4 USPPI ID-Filer ID
e) AES4 USPPI ID (see footnote 7)
Examples:
(c) NDR AES4 123456789AB-623156725
(e) NDR AES4 123456789AB NDR AES4 123456789008
IV. 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.
Example: NDR AES 123456789-123145226JEM SS
V. Reporting In-transit Shipments transmitted using the Automated Manifest
System (AMS). NOTE: In-transit shipments should not be filed using AES.
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.
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Attachment page 2 of 2 |
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(FTSR Letter #168 Amendment 2) |
This amendment revises FTSR Letter 168 (Amendment 1), dated February 10,
2000 as follows:
1. The Example on page one, second paragraph, has been changed to read:
"Example: NO SED REQUIRED FTSR 30.55h (for value $2500 or under)."
In the last paragraph, the telephone number for the Regulations, Outreach
and Education Branch has changed to (301) 763-2238.
2. Due to the elimination of AES filing Option 3, effective June 2003,
all references to Option 3 have been deleted.
3. References to AES PASS have been eliminated; AES PASS expired March
31, 2002.
4. Exemption statement examples are now included on the attachment.
WARNING: Customs is now monitoring exemption statements more
closely because of increased security risks. Illegible or incorrectly
formatted AES exemption statements on export documents are a violation
of Title 15, Code of Federal Regulations 30.65, and may subject an export
shipment to verification, detention, fines and in some cases, seizure
by U.S. Customs.
Footnotes:
- NDR - No Shipper's Export Declaration Required.
- FILER ID - The 9 position Internal Revenue Service, Employer Identification
Number (EIN), Social Security Number (SSN) or Dunn and Bradstreet (DUNS)
number of the filer responsible for reporting the AES information. This
number must match the Filer ID number reported on the AES record as
specified in FTSR 30.63(a)(1)(ii).
- SRN - Shipment Reference Number (see 15 CFR 30.63(a)(18)).
- XTN - External Transaction Number (provided by the Filer).
- ITN - Internal Transaction Number (provided by the AES when transmission
is accepted). The ITN must be used for items on the USML under the reporting
requirements in the ITAR(22 CFR Parts 102-130).
- If a forwarding agent is filing for an Option 4 approved USPPI, both
the forwarding agent's and the USPPI's ID's are reported. NOTE: The
USPPI's ID must appear first.
- If the USPPI is filing for themselves only the USPPI's ID is reported.
- If the USPPI's ID is only 9 digits, the last two positions must be
zero filled in order to satisfy the 11position requirement. The 10th
and 11th position of the USPPI's ID are used to identify a specific
location or division of the USPPI.
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