[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]

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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.

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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