[Federal Register: August 27, 1998 (Volume 63, Number 166)] [Rules and Regulations] [Page 45697-45698] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr27au98-17] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of the Census 15 CFR Part 30 [Docket No. 980729198-8198-01] RIN 0607--AA28 Shipper's Export Declaration Requirements for Exports Valued at Less Than $2,500 AGENCY: Bureau of the Census, Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: To further the Bureau of the Census' efforts in harmonizing the Foreign Trade Statistics Regulations (FTSR) with the Bureau of Export Administration's Export Administration Regulations (EAR), this final rule amends the FTSR by revising the Shipper's Export Declaration (SED) provisions to expand the country scope of the $2,500 exemption for filing an SED with the Bureau of the Census. The revisions contained in this document are consistent with concurrent revisions to the provisions of the Bureau of Export Administration's EAR. The Department of Treasury concurs with the provisions contained in this final rule. EFFECTIVE DATE: August 27, 1998. FOR FURTHER INFORMATION CONTACT: C. Harvey Monk, Jr., Chief, Foreign Trade Division, Bureau of the Census, Room 2104, Federal Building 3, Washington, D.C. 20233-6700, by telephone on (301) 457-2255 or by fax on (301) 457-2645. SUPPLEMENTARY INFORMATION: Background The Bureau of the Census is amending the FTSR to further its efforts in harmonizing the FTSR with the Bureau of Export Administration's EAR. Specifically, this rule amends Sec. 30.55(h) of the FTSR by revising the SED requirements for exports of items valued at $2,500 or less that do not require a license. With this change, no SED is required for any shipment, except for shipments to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria, if the shipment is valued at $2,500 or less per Schedule B Number. The current exemption applied only to countries in Country Group B and China. Note that this exemption does not apply to shipments exported through the U.S. Postal Service, shipments requiring a license from the Department of Commerce, Department of State, or Department of Justice, or shipments of items subject to the International Traffic in Arms Regulations but exempt from license requirements. Conforming amendments to the EAR will be published in the Federal Register by the Bureau of Export Administration. Rulemaking Requirements This rule is exempt from all requirements of Section 553 of the Administrative Procedure Act because it deals with a foreign affairs function (5 U.S.C. (A) (1)). Regulatory Flexibility Act Because a notice of proposed rulemaking is not required by 5 U.S.C. 553 or any other law, a Regulatory Flexibility Analysis is not required and has not been prepared (5 U.S.C. 603 (a)). Executive Orders This rule has been determined not to be significant for purposes of Executive Order 12866. This rule does not contain policies with federalism implications sufficient to warrant preparation of a federalism assessment under Executive Order 12612. Paperwork Reduction Act Notwithstanding any other provisions of law, no person is required to respond to, nor shall a person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act (PRA) unless that collection of information displays a currently valid Office of Management and Budget (OMB) control number. This rule covers collections of information subject to the provisions of the PRA, which are cleared by the OMB under OMB Control Number 0607-0152. This rule will result in a nonmeasurable reduction in the reporting-hour burden requirements. The expansion of the country scope of the exemption will affect only a small percentage of SEDs. It will not measurably impact the current response burden requirement as approved under OMB Control number 0607-0152, under provisions of the Paperwork Reduction Act of 1995, Public Law 104-13. List of Subjects in 15 CFR Part 30 Economic statistics, Foreign trade, Exports, Reporting and recordkeeping requirements. For the reasons set out in the preamble, 15 CFR Part 30 is amended as follows: PART 30--FOREIGN TRADE STATISTICS 1. The authority citation for 15 CFR Part 30 continues to read as follows: Authority: 5 U.S.C. 301; 13 U.S.C. 301-307; Reorganization Plan No. 5 of 1950 (3 CFR 1949-1953 Comp., 1004); Department of Commerce Organization Order No. 35-2A, August 4, 1975, 40 CFR 42765. Subpart A--General Requirements--Exporter 2. Section 30.55 is amended by revising paragraphs (h) introductory text and (h)(1) to read as follows: Sec. 30.55 Miscellaneous exemptions. * * * * * (h) Except as noted in paragraph (h)(2) of this section and for exports to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria, shipments of commodities where the value of the commodities, shipped from one exporter to one consignee on a single exporting carrier, classified under an individual Schedule B number, is $2,500 or less. For Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, a SED is required regardless of the value of the shipment. (1) This exemption applies to individual Schedule B commodity numbers regardless of the total [[Page 45698]] shipment value. In instances where a shipment contains a mixture of individual Schedule B commodity numbers valued $2,500 or less and individual Schedule B commodity numbers valued over $2,500, only those commodity numbers valued $2,500 or more need be reported on a Shipper's Export Declaration. * * * * * Dated: July 29, 1998. James F. Holmes Acting Director, Bureau of the Census [FR Doc. 98-23017 Filed 8-26-98; 8:45 am] BILLING CODE 3510-07-P