Foreign Trade Regulations FAQs
(Frequently Asked Questions)
Penalties
- Where can I find information on penalties for violations of the Foreign
Trade Regulations (FTR)? (FTR section 30.70 – 30.72)
- Is the carrier subject to a penalty once the U.S. Principal Party in Interest (USPPI) has filed the information in the Automated Export System (AES)? (FTR section 30.45)
Citations, Exemptions, and Exclusions
- What transactions are outside of the scope of the Foreign Trade Regulations (FTR) and are excluded from filing Electronic
Export Information (EEI)? (FTR section 30.2(d))
- What territories is the Foreign Trade Regulations (FTR) making referring to in section 30.2(d)(2)?
- What are the filing requirements for In-transit shipments that are leaving the United States?
- Are shipments moving under a carnet exempt from an Electronic Export Information (EEI) filing? If so what is the exemption? (FTR sections 30.37 (q) and (r))
- In Appendix C of the Foreign Trade Regulations (FTR), Summary of Exemptions and Exclusions from Filing Electronic Export Information (EEI), items 8 through 21 the section number provided do not match with what is listed in section 30.37. Should I cite from Appendix C or section 30.37?
- Should exports of Electronic Transmissions be listed in Appendix D, item VI?
- Where can I find the Proof of Filing and Exemption Citations, in the Foreign Trade Regulations (FTR)? (FTR Appendix D)
- What exemption in the Foreign Trade Regulations (FTR) should the filer use when exporting technical data that is subject to the International Traffic in Arms Regulations, (22 CFR 123.22 (b)(3)), but not required to be filed in the Automated Export System?
- What is an Internal Transaction Number (ITN)? (FTR section 30.1(c))
- Is the External Transaction Number (XTN) acceptable as the proof of filing citation?
- Merchandise is presented for entry into the U.S. and is rejected prior to being cleared for importation by Customs and Border Protection (CBP). The goods are subsequently exported to the place of origin or another foreign destination. Is the Internal Transaction Number (ITN) or exemption citation required in the Automated Export System (AES)?
- Should the exporting carrier accept a shipment that is using an old Foreign Trade Statistics Regulations citation or exemption legend?
- Should the exporting carrier accept cargo if the U.S. Principal Party in Interest (USPPI) provides the postdeparture citation without the date? (FTR Appendix D)
Value
- How do I determine the domestic portion of the transportation cost to report in the Automated Export System (AES) when my
carrier does not separate the foreign costs?
- What value should be reported for perishable items that have been imported into the U.S. which are defective and need to be returned
overseas?
Data Elements
- What data elements are to be reported in the Automated Export System (AES)? (FTR section 30.6)
- What is a Transportation Reference Number (TRN)? (FTR section 30.1(c))
- Does the shipment reference number (SRN) have to be unique for five years? (FTR section 30.6(19))
Record Retention
- What is the record retention requirement for the Electronic Export Information (EEI)? (FTR section 30.10)
Electric Export Information (EEI)
- Why is filing Electronic Export Information (EEI) mandatory?
- What is the purpose of Electronic Export Information (EEI)?
- Is the Electronic Export Information (EEI) filed in the Automated Export System (AES) confidential? (FTR section 30.60)
- Who can file the Electronic Export Information (EEI)? (FTR section 30.2)
- What is a Shipment? (FTR section 30.1(c))
- When is Electronic Export Information (EEI) required? (FTR section (30.2)(a)(i))
- When is Electronic Export Information (EEI) not required? (FTR section 30.2(d)(2))
- Is the Electronic Export Information (EEI) required for shipments that clear a U.S. port but that are ultimately destined for Puerto Rico?
- Merchandise enters one port on an in-bond movement, subsequently is placed in a bonded warehouse (or Foreign Trade Zone), and later withdrawn for export. Does this shipment need to be filed in the Automated Export System (AES)?
- Is Electronic Export Information (EEI) required for shipments to APO addresses? (FTR 30.39)
- What are the filing timeframes for submitting Electronic Export Information (EEI) in the Automated Export System (AES)? (FTR section 30.4(b))
- What is the Foreign Trade Regulations (FTR) requirement for advanced filing of Electronic Export Information (EEI) through the Automated Export System for shipments between the United States and Puerto Rico?
- Is there flexibility with the current timeline requirement for bulk exports, for carriers to load cargo without producing the Internal Transaction Numbers (ITNs) prior to loading?
- Is the Internal Transaction Number (ITN) sufficient to clear an automobile that has been pending clearance, the required 72 hours, or where further documentation is required?
Domestic vs. Foreign Origin
- I am shipping goods that are valued over $2,500 and have the same Schedule B number, but the Schedule B number contains goods of both
domestic and foreign origin, how do I report this transaction? (FTR section 30.37(a))
- What do I report if I cannot identify which portion of the shipment is domestic and which is foreign?
Automated Export System
- What is the Automated Export System (AES)? (FTR section 30.1(c))
- What is AESDirect? (FTR section 30.1(c))
- What happens if the Automated Export System (AES), AESDirector the AES participant's system is unavailable? (FTR section (30.4)(b)(1)- (30.4)(b)(3))
- How do I receive broadcast messages from the Automated Export System (AES)?
- I received an Automated Export System (AES) fatal error. What should I do? (FTR section 30.9)
- How much will it cost to implement the Automated Export System (AES) in my company?
- Is the Automated Export System (AES) an enforcement system?
- What is postdeparture reporting and how do I become a postdeparture filer? (FTR section 30.4 (c))
Citations
- Who is responsible for providing the proof of filing citation, exemption citation or postdeparture filing citation to the carrier?
(FTR section 30.7 (b))
Household Goods
- How are household goods and personal effects reported in the Automated Export System (AES)? (FTR section 30.38)
USPPI
- Who is the U.S. Principal Party in Interest (USPPI) in an export transaction? (FTR section 30.3)
- Who do I report as the U.S. Principal Party in Interest (USSPI) when goods are formally entered in the U.S., however, the goods are really transiting the U.S. for immediate export and a foreign person or customs broker is listed as the importer of record? (FTR section 30.3(b)(2)(iv) and (v))
- Who should be listed as the U.S. Principal Party in Interest (USPPI) when merchandise comes into the U.S temporarily for exhibition and the owner is a foreign entity and not present in the U.S.? (FTR section 30.3 (b)(2)(iv) and (v))
- What are the responsibilities of the U.S. Principal Party in Interest (USPPI) in a standard export transaction? (FTR section 30.3(c)(1))
- What are the responsibilities of the U.S. Principal Party in Interest (USPPI) in a routed export transaction? (FTR section 30.3 (e)(1))
FPPI
- Section 30.1 states that the FPPI is the party shown on the transportation document to whom final delivery or end-use of the goods will be made. Is the FPPI always identified as the party who receives the goods?
- Does the Foreign Principal Party in Interest (FPPI) have to be the party shown on the transportation document to whom final delivery or end? (FTR section 30.1)
Corrections
- Can I make a correction to an Electronic Export Information (EEI)? (FTR section 30.9)
- Should a new Automated Export System (AES) record be filed if only part of my shipment was exported? (FTR section 30.9)
- What are the responsibilities of the vessel carrier and the AES filer if an AES record is filed for commodities valued at $10,000
classified under one Schedule B and $5,000 worth of the cargo is shipped on the original vessel and $5,000 worth is rolled to another vessel?
Disclosure
- Is the Electronic Export Information (EEI) filed in the Automated Export System (AES) confidential? (FTR section 30.60)
- Does the U.S. Census Bureau provide information on what specific companies are importing and exporting?
- How do I make a voluntary self-disclosure? (FTR section 30.74)
- Does the U.S. Census Bureau publish international trade information by company name?
- Are there circumstances where the U.S. Census Bureau will release the Electronic Export Information (EEI)? (FTR section 30.60)
- I have seen my company's information published. Where is the information obtained?
- Is manifest or bill of lading data confidential?
- Is there anything I can do to stop the publication of my company's information?
ECCN/License
- What is an Export Control Classification Number (ECCN) and how do I get one?
- What types of exports does the Department of Commerce regulate?
- What is the difference between Export Administration Regulations’ (EAR99) and No License Required (NLR)?
- When is an Export Control Classification Number (ECCN) required in the Automated Export System (AES)?
- Who do I contact for information on determining my Export Control Classification Number (ECCN) and license requirements?
- Do I need a license to export to Puerto Rico?
- Is Electronic Export Information (EEI) required for shipments that initially clear a U.S. port at the time of importation but that are ultimately destined for Puerto Rico?
- What are export controls?
- What are the restricted countries where I may not sell/export my goods?
- Have the embargoes for Iran and Sudan been abolished?
- How do I find out about duties and licenses for certain countries?
Freight Forwarder/Authorized Agent Questions
- What are the responsibilities of the authorized agent in a standard export transaction? (FTR section 30.3 (c)(2))
- What are the responsibilities of the authorized agent in a routed export transaction? (FTR section 30.3 (e)(2))
- Can a freight forwarder be listed as the USPPI in the Electronic Export Information (EEI)? (FTR section 30.3(b)(iv))
Tariff
- What Is a Tariff?
- How do I find out about duties and licenses for certain countries?
- What is a Quota?
Classification Questions
- What is the system for classifying commodities? (FTR section 30.1(c))
- What is the Harmonized Tariff Schedule (HTS)? (FTR section 30.1(c))
- What is a Schedule B number?(FTR section 30.1(c))
- How can I find my Schedule B Number and official description of my product?
- What Schedule B Number and value do I report for goods that were imported for repair and now are being returned? What about warranties?
- How much detail should I provide for the description of my product?
Shipment
- I have goods that are moving in-bond through the U.S., am I required to file Electronic Export Information (EEI)? (FTR section 30.2 (d)(1))
- Can I file the Form 7513, Shipper’s Export Declaration (SED) for In-transit Goods, via the Automated Export System?
- What is a drop shipment?
- If there are several bookings on one bill of lading, would several Internal Transaction Numbers (ITNs) or exemption citations be required?
- What are the procedures in a situation when an ocean shipment has received multiple shipping instructions listing multiple consignees in the same container?
- What is the procedure for filing a shipment that has been split by the carrier? (FTR 30.28)
- Can split shipments apply to shipments exported by mode of transportations other than air?
Shipping Documents
- The Foreign Trade Regulations, section 30.10(b) refers to "shipping documents". What documents are considered "shipping documents"?
- Where should I put my citations if a manifest is not required?
Shipment Containers
- Do I need to file for shipments of empty containers if the value is over $2,500? (FTR section 30.26 (a))
Training
- Who can I contact for seminar information?
- Does the Foreign Trade Division (FTD) offer additional training other than the seminar program?
General Help
- Where can I get more information on the Foreign Trade Regulations (FTR)?
- How do I know if my software has encryption capability?
- Our company currently does very little exporting; however, we are anticipating a much higher volume in the near future. I am interested to know whom I could contact for training information on general export compliance?
- What is the Trade Information Center (TIC)?
- What online resources are available to assist with the export process as it pertains to the Foreign Trade Regulations (FTR) and the Automated Export System (AES)?
- Other Agency Export Control Telephone Contacts
Penalties
Where can I find information on penalties for violations of the Foreign Trade Regulations (FTR)? (FTR section 30.70 – 30.72)
The FTR, Subpart H, sections 30.70 - 30.72, presents the penalties that may be
imposed for both civil and criminal violations. These violations include,
but are not limited to, delayed filing, failure to file, filing false or
misleading information and/or using the AES to further any illegal activity.
Civil Penalty
A civil penalty is a monetary penalty imposed on a U.S. Principal Party in
Interest, authorized agent, carrier, or other parties to the transaction for
violating any part of the FTR. The penalties range from $1,100 to $10,000. Civil penalties imposed under the
FTR may be remitted or mitigated, if the penalties were incurred without
willful negligence or fraud or other circumstances exist that justify a
remission or mitigation.
Criminal Penalty
A criminal penalty is when any person willfully violates or attempts to violate
any part of the FTR. The criminal penalty includes fines not to exceed $10,000, and/or imprisonment for not more
than five (5) years, and/or forfeitures.
Is the carrier subject to a penalty once the U.S. Principal Party in Interest (USPPI) has filed the information in the Automated Export System (AES)? (FTR section 30.45)
The carrier will be subject to fines and penalties if it does not ensure that a shipment has the required AES proof of filing or exemption citation(s) covering all cargo. In addition, the carrier must notify the USPPI, or their authorized agents, of any changes related to the shipment. (See FTR section 30.45)
Citations, Exemptions, and Exclusions
What transactions are outside of the scope
of the Foreign Trade Regulations (FTR) and are excluded from filing Electronic
Export Information (EEI)? (FTR section 30.2(d))
Transactions, which fall outside of the scope of the FTR and are excluded from filing the EEI
are located in the 30.2(d) and Appendix C.
- Goods shipped under a Customs and Border Protection (CBP) bond
through the United States, Puerto Rico, or the U.S. Virgin Islands from one
foreign country or area to another where such goods do not enter the consumption
channels of the United States. See FTR
section 30.2(d)(1).
- Goods shipped from the U.S. territories and goods shipped
between the United States and these territories do not require EEI filing. However, goods transiting U.S. territories
to foreign destinations require EEI filing. The U.S. territories referred to in this section are:
American Samoa, Baker Island, Commonwealth of the Northern Mariana Islands, Guam, Howland Island, Jarvis
Island, Johnston Atoll, Kingmen Reef, Midway Islands, Navassa Island, Palmyra
Atoll, and the Wake Island.The Census Bureau will include the full list
of territories in Appendix C in a future amendment to the FTR. See FTR section 30.2(d)(2).
- Electronic transmissions and intangible transfers. See FTR
Subpart B for export control requirements for these types of transactions, FTR
30.2(d)(3).
- Goods shipped to Guantanamo Bay Naval Base in Cuba from the
United States, Puerto Rico, or the U.S. Virgin Islands and from Guantanamo Bay
Naval Base to the United States, Puerto Rico, or the U.S. Virgin Islands.
(See FTR section Subpart D section 30.39 for filing requirements for shipments
exported by the U.S. Armed Services) 30.2 (d)(4)).
What territories is the Foreign Trade Regulations (FTR) making referring to in section 30.2 (d)(2)?
The territories referred to in section 30.2(d)(2) are: American Samoa, Baker Island, Commonwealth of the Northern Mariana Islands, Guam, Howland Island, Jarvis Island, Johnston Atoll, Kingmen Reef, Midway Islands,Navassa Island, Palmyra Atoll, and the Wake Island. The Census Bureau will include the full list of territories in Appendix C in a future amendment to the FTR.
What are the filing requirements for In-transit shipments that are leaving the United States?
In-transit shipments of goods from one foreign country to another where such goods do not enter the consumption channels of the United States are excluded from filing the Electronic Export Information (EEI) per section 30.2(d)(1). Additionally, the Army Corps of Engineers has suspended the requirement to file the Form 7513, Shippers Export Declaration (SED) for In-transit Goods leaving the United States via vessel. Currently, there are no filing requirements for in-transit shipments. Merchandise not intended to enter the consumption channels of the United States but is formally entered via the CB Form 7501 or through the Automated Broker Interface (ABI), an Automated Export System (AES) record must be completed at the time of export, if the value is over $2,500 per Schedule B or licensed.
Are shipments moving under a carnet exempt from an Electronic Export Information (EEI) filing? If so what is the exemption? (FTR sections 30.37 (q) and (r))
There are two exemption citations that can be used depending on the type of export. Use Foreign Trade Regulations (FTR) section 30.37 (q) if goods shipped under the carnet being exported and are scheduled to return to the United States within a year. If the goods shipped under a carnet were temporarily imported into the United States and are returned to a foreign country, use FTR section 30.37 (r). The citation may read NOEEI 30.37(q) or NOEEI 30.37(r). Be sure to use the correct section citation.
In Appendix C of the Foreign Trade Regulations (FTR), Summary of Exemptions and Exclusions from Filing Electronic Export Information (EEI), items 8 through 21 the section number provided do not match with what is listed in section 30.37. Should I cite from Appendix C or section 30.37?
Starting with exemption item 8 and continuing through exemption item 21, the citations are off by one letter. For example, the citation for exemption number 8 should be 30.37 (g) and not 30.37 (h), and the citation for exemption number 9 should be 30.37 (h), not 30.37 (i). Therefore, when selecting the proper citation refer to FTR section 30.37 rather than Appendix C. The Census Bureau will correct the error in a future amendment to the FTR.
Should exports of Electronic Transmissions be listed in Appendix D, item VI?
No. Appendix D was not intended to be an all-inclusive list. The complete list of exclusions can be found in Section 30.2(d) of the Foreign Trade Regulations.
Where can I find the Proof of Filing and Exemption Citations, in the Foreign
Trade Regulations (FTR)? (FTR Appendix D)
The Automated Export System Filing Citations, Exemptions are found in Appendix D of
the FTR. Filing procedures and deadlines for presenting these statements
are found in FTR sections 30.4(b) through 30.4 (d).
What exemption in the Foreign Trade Regulations (FTR) should the filer use when exporting technical data that is subject to the International Traffic in Arms Regulations, (22 CFR 123.22 (b)(3)), but not required to be filed in the Automated Export System?
Currently there is no exemption in the FTR that addresses technical data subject to ITAR 123.22(b)(3). However, FTR 30.37(k) should be used in the interim. While this exemption does not specifically pertain to licensed shipments of technical data, this exemption can be applied and is acceptable. The Census Bureau will update the FTR to reflect this exemption.
What is an Internal Transaction Number (ITN)? (FTR section 30.1(c))
The ITN is an Automated Export System (AES) generated number assigned to a shipment confirming that the EEI was accepted and is on file in the AES. This number should be placed on any loading document to allow the Customs and Border Protection (CBP) officer the ability to retrieve the shipment, if needed. Examples of loading documents include bill of lading, manifest, airway bill, or any commercial document as required by the specific industry to be presented to the carrier. See FTR section 30.1(c).
Is the External Transaction Number (XTN) acceptable as the proof of filing citation?
No. As of October 1, 2008, the XTN is no longer an acceptable proof of filing citation. All parties involved in the export transaction may be subject to fines and penalties if the XTN is used for exporting a shipment.
Merchandise is presented for entry into the U.S. and is rejected prior to being cleared for importation by Customs and Border Protection (CBP). The goods are subsequently exported to the place of origin or another foreign destination. Is the Internal Transaction Number (ITN) or exemption citation required in the Automated Export System (AES)?
No. The merchandise did not enter the commerce of the United States and as a result, the shipment is not considered an export. An ITN or exemption citation is not required when the merchandise is rejected and has not cleared by CBP for importation into the U.S.
Should the exporting carrier accept a shipment that is using an old Foreign Trade Statistics Regulations citation or exemption legend?
No. As of October 1, 2008, the Foreign Trade Regulations were implemented and U.S. Principal Parties In Interest, or their filing agents, must use the new citations and exemption legends.
Should the exporting carrier accept cargo if the U.S. Principal Party in Interest (USPPI) provides the postdeparture citation without the date (FTR Appendix D)
No. The exporting carrier should not accept cargo with an incomplete legend. The proper postdeparture citation should read:
If a USPPI is filing |
AESPOST USPPI EIN mm/dd/yyyy |
If an Authorized Agent is filing |
AESPOST USPPI EIN--Filer ID mm/dd/yyy |
Value
How do I determine the domestic portion of the transportation cost to report in the Automated Export System (AES) when my carrier does not separate the foreign costs?
If inland freight including insurance is not separated from the total transportation cost take 3% of the total cost to determine the inland freight.
What value should be reported for perishable items that have been imported into the U.S. which are defective and need to be returned overseas?
For products that are being returned that have a market value, report the market value. If the product has no market value due to poor quality (i.e. spoiled fruits), then report the import value of the product.
Data Elements
What data elements are to be reported in the Automated Export System (AES)? (FTR section 30.6)
The data elements are located in the Foreign Trade Regulations (FTR) section 30.6. The data elements identified as “mandatory” shall be reported for each transaction. The data elements identified as “conditional” shall be reported if required for or apply to the specific shipment. The data elements identified as “optional” may be reported at the discretion of the U.S. Principal Party in Interest (USPPI) or authorized agent. See below for a complete list of mandatory, conditional, and optional data elements.
Mandatory data elements
- USPPI and USPPI identification
- Date of export
- Ultimate consignee
- U.S. state of origin
- Country of ultimate destination
- Method of transportation
- Conveyance name/carrier name
- Carrier identification
- Port of export
- Related party indicator
- Domestic or foreign indicator
- Commodity classification number
- Commodity description
- Primary unit of measure
- Primary quantity
- Shipping weight
- Value
- Export information code
- Shipment reference number
- Line number
- Hazardous material indicator
- Inbond code
- License code/license exemption code
- Routed export transaction indicator
- Shipment filing action request indicator
- Line item filing action request indicator
- Filing option indicator
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Conditional data elements
- Authorized agent and authorized agent identification
- Intermediate consignee
- FTZ identifier
- Foreign port of unlading
- Export license number/CFR citation/KPC number
- Export Control Classification Number (ECCN)
- Secondary unit of measure
- Secondary quantity
- Vehicle Identification Number (VIN)/Product ID
- Vehicle ID qualifier
- Vehicle title number
- Vehicle title state code
- Entry number
- Transportation reference number (TRN)
- Department of State requirements
- Kimberley Process Certificate (KPC) number
Optional data elements
- Seal number
- Equipment Number
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What is a Transportation Reference Number (TRN)? (FTR section 30.1(c))
The TRN is a reservation number assigned by the carrier to
hold space on the carrier for cargo being shipped. The TRN is also known
as the booking number for vessel shipments; the master air waybill number for
air shipments; the bill of lading number for rail shipments’ and the freight or
pro bill for truck shipments. See FTR section 30.6(b)(14).
Does the shipment reference number (SRN) have to be unique for five years? (FTR section 30.6(19))
Currently due to system support, the shipment reference number must be a unique and never repeated (see FTR Letter No. 2). The Census Bureau is reviewing system enhancements to allow the reuse of the SRN.
Record Retention
What is the record retention requirement for the Electronic Export Information (EEI)? (FTR section 30.10)
All parties to the export transaction (owners and operators of the exporting
carriers, U.S. Principal Parties in Interest (USPPIs), Foreign Principal
Parties in Interest (FPPIs), and/or authorized agents) shall retain documents
pertaining to the export shipment for five (5) years from the date of
export. In addition, all parties must adhere to other government agencies
retention requirements if it differs from the Census Bureau’s
requirements. See FTR section 30.10.
Electronic Export Information (EEI)
Why is filing Electronic Export Information (EEI) mandatory?
Public Law 107-228 authorized the Secretary of Commerce, with the concurrence of the
Secretary of State and the Secretary of Homeland Security, to publish
regulations mandating that all persons who are required to file export
information under Chapter 9 of Title 13, United States Code file such
information through the Automated Export System (AES).
What is the purpose of Electronic Export Information (EEI)?
The EEI is used for compiling the official U.S. export statistics for the United
States and for export control purposes. The regulatory provisions for preparing
and filing the EEI are contained in the Foreign Trade Regulations, Title 15
Code of Federal Regulations (CFR) Part 30.
Is the Electronic Export Information (EEI)
filed in the Automated Export System (AES) confidential? (FTR section 30.60)
The EEI is confidential and used solely for official purposes authorized by the
Secretary of Commerce in accordance with Title 13 United States Code section
301 (g). Neither the EEI nor its contents may be disclosed to anyone except
the United States Principal Party in Interest (USPPI) or the authorized agent.
The EEI must not be disclosed to foreign governments or foreign entities. The confidentiality provisions of the EEI
can be found in FTR section 30.60.
Who can file the Electronic Export Information (EEI)? (FTR section 30.2)
The EEI shall be filed through the Automated Export System by the U.S. Principal
Party in Interest (USPPI), the USPPI’s authorized agent, or the authorized U.S.
agent of the Foreign Principal Party in Interest. For information regarding the filing requirements refer to FTR
section 30.2(a).
What is a Shipment? (FTR section 30.1(c))
A shipment is goods being sent from one U.S. Principal Party in Interest to one consignee to a single country of destination on a single conveyance and on the same day and the value of the goods is over $2,500 per schedule B or when a license is required.
When is Electronic Export Information (EEI) required? (FTR section (30.2)(a)(i))
Shipped
From
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To
|
United States
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Canada (if a license is required)
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United States
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Foreign Countries
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United States
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Puerto Rico
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United States
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U.S. Virgin Islands
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Puerto Rico
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United States
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Puerto Rico
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Foreign Countries
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Puerto Rico
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U.S. Virgin Islands
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U.S. Virgin Islands
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Foreign countries
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U.S. Foreign Trade Zones
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Foreign Countries
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When is Electronic Export Information (EEI) not required? (FTR section 30.2(d)(2))
Shipped From
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To
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United States
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Canada (unless an export license is
required)
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U.S. Virgin Islands
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United States
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U.S. Virgin Islands
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Puerto Rico
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United States/Puerto Rico/Virgin Islands
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Other U.S. Territories**
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Other U.S. Territories**
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United States
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Other U.S. Territories**
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Foreign Countries
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Other U.S. Territories**
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Other U.S. Territories**
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** American Samoa, Baker Island, Commonwealth of the Northern Mariana Islands, Guam, Howland Island, Jarvis Island, Johnston Atoll, Kingmen Reef, Midway Islands, Navassa Island, Palmyra Atoll, and the Wake Island. (Appendix C).
Is the Electronic Export Information (EEI) required for shipments that clear a U.S. port but that are ultimately destined for Puerto Rico?
No, shipments that are entered into the United States from a foreign country with an ultimate destination of Puerto Rico, are not required to be filed in the AES. Transactions of this nature appear in our import statistics with the U.S. port as the port of entry and Puerto Rico as the port of unlading.
Merchandise enters one port on an in-bond movement, subsequently is placed in a bonded warehouse (or Foreign Trade Zone), and later withdrawn for export. Does this shipment need to be filed in the Automated Export System (AES)?
Yes. In general, merchandise traveling in-bond on an Immediate Transportation (IT), a Transportation and Exportation (T&E), or Immediate Export (IE) is not required to be filed in the AES. However, in this situation the goods were placed in a warehouse pending export and as a result, a citation must be filed in the AES. By placing the goods in a bonded warehouse or foreign trade zone, there is a break in the in-bond movement and as such, a filing citation or exemption legend is required.
Is Electronic Export Information (EEI) required for shipments to APO addresses? (FTR 30.39)
No. EEI is not required for shipments to APO addresses. The Foreign Trade Regulations (FTR) considers shipments to APO addresses as domestic transactions.
What are the filing timeframes for submitting Electronic Export Information (EEI) in the Automated Export System (AES)? (FTR section 30.4 (b))
The Department of State has filing timeframe requirements for U.S. Munitions List
(USML) shipments and the Trade Act of 2002 specifies requirements for all other
for non-USML shipments. The time frames vary by method of transportation. The
filing timeframes for non-USML shipments are located in the FTR section
30.4. The filing timeframe for USML shipments are located in the International Traffic in Arms Regulations (22 CFR
123.22(b)(1)). See below for both non-USML and USML shipments.
For non-USML shipments: (30.4(b)(2))
Vessel cargo
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24 hours prior to loading cargo on the vessel at the U.S. port where the cargo is loading
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Air cargo
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2 hours prior to the scheduled departure
time of the aircraft
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Truck cargo
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1 hour prior to the arrival of the truck at
the U.S. border to go foreign
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Rail cargo
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2 hours prior to the time the train arrives
at the U.S. border to go foreign
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Mail
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2 hours prior to departure of exporting
carrier
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Pipeline
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Within 4 calendar days following the end of
the month
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For USML shipments: (30.4(b)(1))
Vessel cargo
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24 hours prior to departure |
Rail cargo
|
24 hours prior to departure |
Truck cargo
|
8 hours prior to departure |
Air cargo
|
8 hours prior to departure
|
What is the Foreign Trade Regulations (FTR) requirement for advanced filing of Electronic Export Information (EEI) through the Automated Export System for shipments between the United States and Puerto Rico?
Puerto Rico is exempt from the filing time frames in the FTR. However, the proof of filing citation, post departure filing citation, or exemption citation must be presented to the carrier prior to the arrival of goods for shipments between the United States and Puerto. This exemption from the advance filing of the EEI applies only to shipments between the United States and Puerto Rico.
Is there flexibility with the current timeline requirement for bulk exports, for carriers to load cargo without producing the Internal Transaction Numbers (ITNs) prior to loading?
No. However, all exporters, including bulk cargo are permitted to provide estimated cargo information prior to loading. Once the complete cargo information is known, the U.S. Principal Party in Interest, or authorized agent must correct the Automated Export System record with the accurate information. See FTR section 30.9.
Is the Internal Transaction Number (ITN) sufficient to clear an automobile that has been pending clearance, the required 72 hours, or where further documentation is required?
The mandatory AES filing requirements established by the Foreign Trade Regulations do not affect the document requirements for vehicles intended for export. Exportation of a vehicle will be permitted only upon compliance with the requirements as described in 19 CFR Part 192.
Domestic vs. Foreign Origin
I am shipping goods that are valued over
$2,500 and have the same Schedule B number, but the Schedule B number contains
goods of both domestic and foreign origin, how do I report this transaction?
(FTR section 30.37(a))
The Foreign Trade Regulations (FTR) requires that items of domestic or foreign origin under the same commodity classification number be reported separately in
the Automated Export System (AES) if either is valued over $2,500. See FTR section 30.37(a). If the value is less than $2,500 for either the
domestic originated portion of the shipment or the foreign originated portion, it does not require an AES filing and the following citation should be used No
EEI 30.37(a) domestic or No EEI 30.37(a) foreign.
What do I report if I cannot identify which
portion of the shipment is domestic and which is foreign?
If you are unable to identify which portion of your shipment is domestic and
foreign, provide the best estimate.
Automated Export System (AES)
What is the Automated Export System (AES)? (FTR section 30.1 (c))
The AES is the system used for collecting Electronic Export Information (EEI) from
persons exporting goods from the United States, Puerto Rico, or the U.S. Virgin
Islands; between Puerto Rico and the United States; and to the U.S. Virgin
Islands from the United States or Puerto Rico. See FTR section 30.1(c).
What is AESDirect? (FTR section 30.1(c))
AESDirect is a free Internet based application supported by the U.S. Census Bureau that
allows the U.S. Principal Party in Interest (USPPI), its authorized agent, or
the authorized agent of the Foreign Principal Party in Interest (FPPI) to
transmit Electronic Export Information through the Automated Export System via
the Internet at www.aesdirect.gov.See FTR section 30.1(c).
What happens if the Automated Export System
(AES), AESDirect, or the AES participant's system is unavailable? (FTR
section (30.4)(b)(1)- (30.4)(b)(3))
For Non-United States Munitions List (USML) shipments :
If the AES participant’s system is unavailable, the filer must delay the export
of goods or find an alternative filing method. See FTR section 30.4 (b)(3). If the AES or AESDirect is unavailable, the goods may be
exported and the filer must provide the appropriate filing citation as
described in FTR section 30.7(b) and Appendix D when notified via AES Broadcast Message that the downtime policy
is in effect. The Electronic Export Information
(EEI) must be reported at the first opportunity the AES is available. A follow up message will be sent via AES
Broadcast when the system is running and the policy is no longer in
effect. The downtime citation format is AESDOWN Filer ID mm/dd/yyyy.
For United Stated Munitions List (USML) shipments:
If the AES participant’s system is unavailable, the filer must delay the export
of goods or find an alternative filing method. If the AES or AESDirect is unavailable, the filer shall not export until AES is operating and an
Internal Transaction Number (ITN) is acquired. See FTR section 30.4 (b)(1).
How do I receive broadcast messages from the Automated Export System (AES)?
Broadcast messages from the Automated Export System (AES) are sent via e-mail to all AES registered
filers. If you are not an AES registered filer and would like to receive the AES broadcast messages, please
send an e-mail to AskAES@census.gov requesting to be added to the AES list. Your e-mail message should include the
e-mail address where you would like to receive broadcast AES messages as they
are distributed.
I received an Automated Export System (AES) fatal error.
What should I do? (FTR section 30.9) Fatal error messages are sent to filers when Electronic Export Information (EEI) is not accepted in the AES. These errors must be corrected and the EEI resubmitted prior to export for shipments filed predeparture and as soon as possible for shipments filed postdeparture but no later than ten calendar days after departure. If you have problems correcting an AES error, contact the AES Branch, Foreign Trade Division, Census Bureau on (800) 549-0595, option 1. See FTR section 30.9.
How much will it cost to implement the Automated Export System (AES) in my company?
The cost to implement the AES will vary depending on
the size and needs of your organization. There are several options available to
you.You can use AESDirect or AESPcLink, which is the Census Bureau’s FREE Internet based filing
method. Another option is to develop your own software from the specifications found in the AES Trade Interface
Requirements (AESTIR). The AESTIR can be found on the Customs and Border Protection (CBP) website, http://www.cbp.gov/xp/cgov/trade/automated/aes/tech_docs/aestir/. You may also purchase a software package from an AES certified vendor, which has been tested and approved by the Census Bureau and CBP. Lastly, you may transmit your export information through a service center, port authority or an authorized agent filing on your behalf. The cost will be proportionate to the sophistication of the system you choose.
Is the Automated Export System (AES) an
enforcement system?
The AES was not designed to be an enforcement system. It is simply an electronic tool
that supports the enforcement system already in place. It is a mechanism
to bring the export process into the 21st century.
What is postdeparture reporting and how do I become a postdeparture filer? (FTR section 30.4 (c))
The privilege to file Electronic Export Information (EEI) on a postdeparture basis is granted to approved U.S. Principal Parties in Interest (USPPIs) to file their export information up to 10 calendar days after the date of export, i.e., the date the goods are scheduled to cross the U.S. border. Currently, the moratorium placed on new postdeparture filers in August 2003 remains in effect pending further review of the program. See FTR section 30.4 (c).
Citations
Who is responsible for providing the proof of filing citation, exemption citation or postdeparture filing citation to the carrier? (FTR section 30.7 (b))
The U. S. Principal Party in Interest (USPPI) or the authorized agent is responsible for annotating the proper proof of filing citation or exemption legend on the first page of the bill of lading, air waybill, export shipping instructions or other commercial loading documents. The USPPI or the authorized agent must provide the proof of filing citation or exemption legend to the exporting carrier within the timeframe requirements. See FTR section 30.7(b).
Household Goods
How are household goods and personal effects reported in the Automated Export System (AES)? (FTR section30.38)
Household goods and personal effects require limited reporting of Electronic Export Information (EEI) when goods are shipped under a bill of lading or an air waybill. The total value and the shipping weight of the cargo are always required in the EEI. The Schedule B or Harmonized Tariff Schedule of the United States of America (HTSUSA) commodity classification codes, quantities, and domestic/foreign indicator are not required. Report the export information code “HH” when reporting household goods. See FTR section 30.38.
USPPI
Who is the U.S. Principal Party in Interest (USPPI) in an export transaction? (FTR section 30.3)
The person or legal entity in the United States that receives the primary benefit, monetary or otherwise, from the export transaction. Generally, that person or entity is the U.S. seller, manufacturer, or order party, or the foreign entity while in the United States when purchasing or obtaining the goods for export. See FTR section 30.3.
Who do I report as the U.S. Principal Party in Interest (USSPI) when goods are formally entered in the U.S.; however, the goods are really transiting the U.S. for immediate export and a foreign person or customs broker is listed as the importer of record? (FTR section 30.3 (b)(2)(iv) and (v))
If a customs broker or foreign person is listed as the importer of record when entering goods into the United States for immediate consumption or warehousing entry, the customs broker may be listed as the USPPI in the Electronic Export Information (EEI) if the goods are subsequently exported without change or enhancement.
Who should be listed as the U.S. Principal Party in Interest (USPPI) when merchandise comes into the U.S temporarily for exhibition and the owner is a foreign entity and not present in the U.S.? (FTR section 30.3 (b)(2)(iv) and (v))
The U.S. broker or agent acting as importer of record on behalf of the foreign entity shall be listed as the USPPI for Automated Export System (AES) filing purposes. See FTR section 30.3 (b)(2)(iv) and (v).
What are the responsibilities of the U.S. Principal Party in Interest (USPPI) in a standard export transaction? (FTR section 30.3 (c)(1))
- Filing the Electronic Export Information (EEI) or authorizing an agent to file the EEI on its behalf.
- If the USPPI files the EEI, it is responsible for the accuracy and timely transmission of all the export information reported to the AES. See FTR section 30.3(c)(1).
- When the USPPI authorizes an agent to file the EEI on its behalf, the USPPI is responsible for:
- Providing the authorized agent with accurate and timely export information necessary to file the EEI.
- Providing the authorized agent with a power of attorney or written authorization to file the EEI.
- Retaining documentation to support the information provided to the authorized agent for filing the EEI, as specified in section of the Foreign Trade Regulations.
- License determination.
What are the responsibilities of the U.S. Principal Party in Interest (USPPI) in a routed export transaction? (FTR section 30.3 (e)(1))
- Provide the U.S. agent with statistical information, including USPPI name and address, USPPI’s Employer Identification Number or Social Security Number, state of origin, Schedule B number, quantity/unit of measure, description of commodity, origin of goods, value, and any license information to assist in preparing the Electronic Export Information (EEI). See FTR section 30.3 (e)(1).
- Retain documentation to support the information provided to the agent for preparing the EEI as specified in FTR section 30.10.
Note: In a routed export transaction, the USPPI is not required to provide the U.S. agent of the Foreign Principal Party in Interest (FPPI) with a power of attorney or written authorization. The FPPI is responsible for providing a power of attorney or written authorization to the U.S. agent.
FPPI
Section 30.1 states that the FPPI is the party shown on the transportation document to whom final delivery or end-use of the goods will be made. Is the FPPI always identified as the party who receives the goods?
No, the FPPI may not be the party that receives the goods. The FPPI may be the party who receives the goods or the party that is listed as the Ultimate Consignee in the Automated Export System
Does the Foreign Principal Party in Interest (FPPI) have to be the party shown on the transportation document to whom final delivery or end? (FTR section 30.1)
No. The FPPI is the foreign entity that has contracted with the USPPI to obtain the merchandise (the FPPI may be shown on the transportation documents as the end user of the goods).
Corrections
Can I make a correction to an Electronic Export Information (EEI)? (FTR section 30.9)
Yes, corrections, cancellations, or amendments to the Electronic Export Information (EEI) shall be electronically identified and transmitted to the Automated Export System (AES) for all required fields as soon as possible. If you are having problems correcting an AES error, contact the Automated Export System Branch at (800) 549-0595, option 1. See FTR section 30.9 for transmitting and correcting the EEI.
Should a new Automated Export System (AES) record be filed if only part of my shipment was exported? (FTR section 30.9)
The U.S. Principal Party in Interest (USPPI) or authorized agent (the filer) is responsible for making the necessary corrections to the originally filed record as soon as the information is known per Section 30.9. In addition, a new AES record would be filed for the remaining items to be exported, if the commodities are valued over $2,500 per Schedule B or if a license is required. For example, ten containers were scheduled for export but only eight containers were shipped. The USPPI or authorized U.S. agent is responsible for updating the original AES record to reflect the shipment of the commodities in the eight containers that were exported and filing a new AES record for the commodities in the remaining two containers to be exported, if the value of the commodity is over $2,500 per schedule B number or a license is required. Otherwise, an exemption citation must be submitted.
What are the responsibilities of the vessel carrier and the AES filer if an AES record is filed for commodities valued at $10,000 classified under one Schedule B and $5,000 worth of the cargo is shipped on the original vessel and $5,000 worth is rolled to another vessel?
The carrier has the responsibility of notifying the USPPI or the U.S. authorized agent of changes to the shipment, and the USPPI or U.S. authorized agent shall electronically submit the corrections, cancellations, or amendments as soon as they are known in accordance with FTR Section 30.9 (FTR Section 30.45 (b).
Disclosure
Is the Electronic Export Information (EEI) filed in the Automated Export System (AES) confidential? (FTR section 30.60)
The EEI is confidential and used solely for official purposes authorized by the Secretary of Commerce in accordance with Title 13 United States Code section 301 (g). Neither the EEI nor its contents may be disclosed to anyone except the United States Principal Party in Interest (USPPI) or the authorized agent. The EEI must not be disclosed to foreign governments or foreign entities. The confidentiality provisions of the EEI can be found in FTR section 30.60.
Does the U.S. Census Bureau provide information on what specific companies are importing and exporting?
No. All data that is collected by the U.S. Census Bureau is confidential under United States Code (USC) Title 13 and to be used solely for official purposes as authorized by the Secretary of Commerce. This information is exempt from public disclosure unless the Secretary of Commerce determines under the provisions of Title 13, USC, Chapter 9, Section 301(g), that such exemption would be contrary to the national interest.
How do I make a voluntary self-disclosure? (FTR section 30.74)
The policy and procedures for voluntarily disclosing violations or suspected violations of the Foreign Trade Regulations (FTR) can be found in section 30.74 or at
www.census.gov/trade.
Does the U.S. Census Bureau publish international trade information by company name?
No. Title 13, United States Code, Chapter 9, Section 301(g) prohibits the publication or release of any information that could identify any particular.
Are there circumstances where the U.S. Census Bureau will release the Electronic Export Information (EEI)? (FTR section 30.60)
Yes, the EEI may be supplied to the U.S. Principal Party in Interest and authorized U.S. agents for compliance and
auditing purposes. The EEI may also be supplied to federal agencies for official purposes when deemed to be in the national interest pursuant to Title 13, United States Code, Chapter 9,
Section 301(g). Official purposes are defined to include but
are not limited to:
- Verification and investigation of export shipments, including penalty assessments, for export control and compliance purposes;
- Providing proof of export; and
- Statistical purposes.
I have seen my company's information published. Where is the information obtained?
Published company information typically comes from the shipping manifest. Customs and Border Protection (CBP) provides this information upon
request. In addition, data providers collect this information and compile it for distribution. If you need more information please contact
the Privacy Act and Policy and Procedures Branch at CBP at (202) 325-0280.
Is manifest or bill of lading data confidential?
No, the shipping manifest is a document in the public domain and can be viewed by anyone.
Is there anything I can do to stop the publication of my company's information?
You can contact the Privacy Act and Policy and Procedures Branch at Customs and Border Protection and request
confidential treatment of manifest information at (202) 325-0280.
ECCN/License
What is an Export Control Classification Number (ECCN) and how do I get one?
ECCN stands for Export Control Classification Number. An ECCN is an
alphanumeric classification used in the Commerce Control List (CCL) to identify
items for export control purposes. All ECCN’s will have 5 characters, for
example, 1A001, 4B994, or 9D001. There are 10 categories on the CCL. The first
number of the ECCN identifies the category to which it belongs, for example, 1
= Nuclear Materials Facilities and Equipment, 4 = Computers, 9 = Propulsion
Systems, Space Vehicles and Related Equipment. There is a process for determining the proper ECCN for your item.
The Bureau of Industry and Security’s (BIS) Office of Exporter Services have
counselors available in Washington, DC Headquarters on (202) 482-4811 and in
their Western Regional Office in California on (949) 660-0144 or (408) 998-8806
for guidance on determining your ECCN using the CCL. The CCL is found in
Supplement 1 to Part 774 of the Export Administration Regulations (EAR) and is
available on-line at http://www.access.gpo.gov/bis/ear/ear_data.html. BIS cannot provide official classification determinations by phone. However, BIS can help guide you through the
classification determination process.
What types of exports does the Department of Commerce regulate?
The Bureau of Industry and Security (BIS) of the Department of Commerce implements
and enforces the Export Administration Regulations (EAR). The EAR regulates the
export and reexport of most commercial items. The items that BIS regulates are
often referred to as "dual-use" items because they have both
commercial and military or proliferation applications, but purely commercial
items without an obvious military use also are subject to the EAR.
What is the difference between Export
Administration Regulations’ (EAR99) and No License Required (NLR)?
EAR99 is a classification for an item. It indicates that a particular item is subject
to the Export Administration Regulations (EAR), but not specifically described
by an Export Control Classification Number (ECCN) on the Commerce Control List
(CCL). While the classification describes the item, the authorization for
shipment of that item may change, depending on the circumstances of the
transaction.
NLR stands for the "No License Required" designation. NLR may be used
for either EAR99 items, or items on the CCL that do not require a license for
the destination. However, exports of an EAR99 item to an embargoed country, an
end-user of concern or in support of a prohibited end-use may require an export
license.
When is an Export Control Classification
Number (ECCN) required in the Automated Export System (AES)?
You must enter the correct ECCN in the AES for licensed, license exception
shipments, and for "no license required" (NLR) shipments of items on
the Commerce Control List having a reason for control other than or in addition
to anti-terrorism (AT). The only exception to this requirement is the return of
unwanted foreign origin items, meeting the provisions of License Exception TMP,
under §740.9(b)(3) of the Export Administration Regulations (EAR). See 15 CFR
758.1 (g) (as amended July 10, 2000).
Who do I contact for information on determining
my Export Control Classification Number (ECCN) and license requirements?
While the Bureau of Industry and Security (BIS) can provide oral advice and guidance
on classifying your item on the Commerce Control List (CCL), BIS cannot give
definitive classification decisions over the phone. The Office of
Exporter Services has counselors available from their Washington, DC
headquarters at (202) 482-4811 and their Western Regional Office in California
at (949) 660-0144 or (408) 998-8806 to provide you guidance on determining your
Export Control Classification Number and license requirements.
Do I need a license to export to Puerto
Rico?
No. A shipment to Puerto Rico is not defined, as
an export or re-export under the Export Administration Regulations (EAR).
However, the U.S. Principal Party in Interest (USPPI) is required to file an
Electronic Export Information via the Automated Export System. If the shipment is going through Puerto Rico and the final
destination is a foreign country, the exporter must follow the required
procedures for obtaining an Export Control Classification Number (ECCN) in
order to ascertain whether a license is required for the shipment. The same
rules apply for shipments to the Commonwealth of the Northern Mariana Islands or
any territory, dependency, or possession of the United States. See: EAR section
734.2(b)(8).
Is Electronic Export Information (EEI) required for shipments that initially clear a U.S. port at the time of importation but that are ultimately destined for Puerto Rico?
No, shipments that are unloaded at a U.S. port to ship to Puerto Rico, do not require an AES filing.
What are export controls?
Export controls are administered by the Bureau of Industry and Security (BIS) in the U.S. Department of Commerce, and are described in detail in the official publication U.S. Export Administration Regulations (EAR). Whenever there is any doubt about how to
comply with export regulations and licensing procedures, the Department of
Commerce officials or qualified professional consultants should be contacted
for assistance at (202) 482-4811.
What are the restricted countries where I may not sell/export my goods?
Where you may or may not ship your goods
varies with each transaction and depends on the nature of the goods, the
identity of the proposed recipient of the goods, and the activity or activities
in which the recipient is involved. You must determine that information before you can decide whether you need an
export license. In some situations, the Export Administration Regulations (EAR) requires an export license for
shipments to any country in the world (even Canada, in rare
circumstances). Part 746 of the EAR lists countries that are subject to embargoes or other special controls. A list of embargoed countries can also be
found on the Office of Foreign Assets Control (OFAC) website at: www.treas.gov/ofac
Have the embargoes for Iran and Sudan been abolished?
The embargo against Iran is still in place, while the embargo against Sudan has
been modified to exempt certain areas of the country. The Office of
Foreign Assets Control (OFAC) of the Department of the Treasury administers
both. Exports and reexports subject to the Export Administration
Regulations (EAR) that are not subject to the OFAC’s Iranian Transactions
Regulations may require authorization from Bureau of Industry and Security
(BIS). If you are exporting or reexporting items to Sudan, you should
check with OFAC to determine if the destination of your items is in the areas
of Sudan that are still under embargo, or if it is in the areas of Sudan that
have been exempted from the embargo. In addition, BIS continues to
maintain licensing requirements under the EAR on exports and reexports to all
areas of Sudan.
How do I find out about duties and licenses for certain countries?
The Department of Commerce Trade Information Center can assist you with obtaining
this information. The Center can be reached on 1(800) USA-Trade (872-8723).
Freight Forwarder/Authorized Agent Questions
What are the responsibilities of the authorized agent in a standard export transaction? (FTR section 30.3 (c)(2))
- Accurately prepare and file the Electronic Export Information (EEI) record based on
information received from the U.S. Principal Party in Interest (USPPI).
- Obtain a
power of attorney or written authorization from the USPPI.
-
Retain documentation to support the information reported to the Automated Export
System (AES), as specified in FTR section 30.10.
-
Upon request, provide the USPPI with a copy of the EEI filed on its behalf.
What are the responsibilities of the authorized agent in a routed export transaction? (FTR section 30.3 (e)(2))
- Obtain a
power of attorney or written authorization from the Foreign Principal Party in
Interest (FPPI).
-
Prepare
and file the Electronic Export Information (EEI) based on information obtained
from the U.S. Principal Party in Interest (USPPI) or other parties involved in
the transaction.
-
Upon
request, provide the USPPI with a copy of the power of attorney or written
authorization from the FPPI.
-
Retain
documentation to support the EEI reported through the AES.
-
Upon
request, provide the USPPI with the data elements that were provided by the
USPPI and filed in AES.
Can a freight forwarder be listed as the USPPI in the
Electronic Export Information (EEI)? (FTR section 30.3(b)(iv))
A freight forwarder can be listed as the USPPI when the freight forwarder
formally enters merchandise into the U.S. on behalf of the foreign entity acting
as the importer of record or when the freight forwarder is acting as an order
party.
Tariff
What Is a Tariff?
A tariff or duty, the words are used interchangeably, is a tax levied by
governments on the value of imported products. The tariff is assessed at the time of importation along with any other
applicable taxes/fees. Tariffs raise the prices of imported goods, thus making
them less competitive within the market of the importing country. For more information on tariffs you can
contact the International Trade Administration on (800) 872-8723.
How do I find out about duties and licenses
for certain countries?
The Department of Commerce Trade Information Center can assist you with obtaining
this information. The Center can be reached on 1(800) USA-Trade (872-8723).
What is a Quota?
A restriction on specific goods that a country permits to be imported during a
specified time before the imposition of added duties or can refer to a total
restriction on a particular good entering a country. For example, Japan may
allow the importation of 5,000 U.S. cars at a reduced or waived duty rate. Once
car number 5,001 enters, either no more can enter or a significantly increased
duty rate will apply. For more information please contact the International
Trade Commission on (800) 872-8723.
Classification
What is the system for classifying
commodities? (FTR section 30.1(c))
The Harmonized System is a method of classifying goods for international trade
developed by the Customs Cooperation Council (now the World Customs
Organization).
What is the Harmonized Tariff Schedule (HTS)? (FTR section 30.1(c))
An organized listing of goods and the duty rates, developed by the U.S. International Trade Commission, which is used by Customs and Border Protection (CBP) as the basis for classifying imported products, including establishing the duty to be charged and providing statistical information about imports and exports.
What is a Schedule B number? (FTR section 30.1(c))
The Statistical Classification of Domestic and Foreign Commodities Exported from
the United States. These 10-digit commodity classification numbers are
administered by the U.S. Census Bureau and cover everything from live animals
and food products to computers and airplanes. To find a Schedule B number
please refer to the Schedule B Search Engine found at www.census.gov/foreign-trade/schedules/b/index.html. If additional
assistance is needed, please call the Commodity Analysis Branch, Foreign Trade
Division, Census Bureau on (800) 549-0595, option 2.
How can I find my Schedule B Number and official description of my product?
To obtain your Schedule B number, visit the Census Bureau’s Foreign Trade Division website which provides a complete listing of the Schedule B numbers at http://www.census.gov/foreign-trade/schedules/b/index.html. If additional assistance is needed, please call the Commodity Analysis Branch, Foreign Trade Division, Census Bureau on (800) 549-0595, option 2.
What Schedule B number and value do I report for goods that were imported for repair and now
are being returned? What about warranties?
For goods that were previously imported
for repairs, the Schedule B number to report at the time of export is
9801.10.0000. The value to be reported
in the Automated Export System is the total cost of the parts and labor. The value of the original product shall not
be included. If goods were replaced
under warranty, the Schedule B number of the replacement item would be listed
and the value reported is the cost of the new item. If the value reported in the Automated Export System is different
from the value on the bill of lading, invoice, etc. include the statement
“Product replaced under warranty, value for EEI purposes.”
How much detail should I provide for the description of my product?
Report the description of the goods shipped in English in
sufficient detail to permit verification of the Schedule B or HTSUSA number.
Clearly and fully state the name of the commodity in terms that can be
identified or associated with the language used in Schedule B or HTSUSA
(usually the commercial name of the commodity), and any and all characteristics
of the commodity that distinguish it from commodities of the same name covered
by other Schedule B or HTSUSA.
Shipment
I have goods that are moving in-bond through the U.S., am I required to file Electronic Export Information (EEI)? (FTR
section30.2(d)(1))
The EEI is not required for shipments that do not enter the commerce of the United States. A filing citation or exemption legend is not required for in-bond shipments because these shipments are out of scope of the FTR.
Can I file the Form 7513, Shipper’s Export Declaration (SED) for In-transit Goods,
via the Automated Export System?
No, the information reported on the Form 7513 cannot be entered into the AES. The Form 7513, SED for In-transit Goods,
also known as the pink declaration, is regulated by the Army Corps of
Engineers. The Army Corps of Engineers
has suspended the requirement to file the Form 7513. Currently, there are no filing requirements for in-transit
shipments. For more information, please refer to http://www.usace.army.mil/.
What is a drop shipment?
A typical drop shipment is when the U.S. Principal Party in Interest (USPPI) sells its product to a Foreign Principal Party in Interest (FPPI). The
FPPI then sells the same product to its customer in another foreign country or area, and instructs the USPPI to send the product from its facility directly to
its customer.
If there are several bookings on one bill of lading, would several Internal Transaction Numbers (ITNs) or exemption citations be required?
If there are several bookings on one bill of lading, an ITN or exemption citation is required for each shipment from one U.S. Principal Party of Interest to one ultimate consignee.
What are the procedures in a situation when an ocean shipment has received multiple shipping instructions listing multiple consignees in the same container?
The exporting carrier may proceed to load as long as they have an ITN for each shipment from one USPPI to one ultimate consignee.
What is the procedure for filing a shipment that has been split by the carrier? (FTR section 30.28)
When the carrier has split a shipment additional Automated Export System (AES) filings are not required. However, “SPLIT SHIPMENT” should clearly be marked on the manifest and each subsequent shipments manifest. On the last portion of the shipment “SPLIT SHIPMENT, FINAL” should be reported. In addition, under the “number of packages” column shall show the portion of the shipment with reference to the total that is being shipped, i.e. 1 of 3 or 1/3. The original Internal Transaction Number should be used for each shipment. (See FTR section 30.28)
Can split shipments apply to shipments exported by mode of transportations other than air?
Yes, split shipments may apply to all modes of transportation. However, in order to file one Automated Export System (AES) record for the shipment, it must be booked for the export on one aircraft, vessel, train or truck but split by the carrier and sent on two or more of the selected modes of transportations of the same carrier on the same day. If the shipment is split, and part leaves on one day and part on another day, the original AES record must be corrected to show the part of the shipment exported on the first day and a new AES record must be filed to show the part of the shipment exported on the next day. See definition of a shipment in FTR section 30.1.
Shipping Documents
The Foreign Trade Regulations, section 30.10(b) refers to
“shipping documents”. What documents are considered “shipping documents”?
Shipping documents can include but are not limited to commercial invoices, export
shipping instructions, packing lists, bill of ladings and air waybills.
Where should I put my citations if a manifest
is not required?
If a manifest is not required, citations should be annotated on the bill of lading, air waybill, export shipping instructions or other commercial loading documents.
Shipment Containers
Do I need to file for shipments of empty containers if the value is over $2,500?
(FTR section 30.26 (a))
No, when containers are moving, either loaded or empty, without transfer of ownership or title, in their capacity as carriers of goods or as instruments of such carriers, they are not required to be filed. However, if ownership of such containers is transferred, electronic export information would need to be filed.
Training
Who can I contact for seminar information?
Contact the Regulations, Outreach and Education Branch, Foreign Trade Division (FTD),
Census Bureau on (800) 549-0595, option 3. Seminars are held in locations
all over the U.S. Visit the Census Bureau’s website for the latest
seminars: Presentation
Does the Foreign Trade Division (FTD) offer additional training other than the seminar program?
The FTD offers several different training opportunities in addition to the seminar
program. The FTD provides webinars in English and in Spanish. These Webinars
are hosted by the International Trade Administration and speakers from the U.S.
Census Bureau’s FTD participate in topics such as what the filing requirements
are for export transactions, export commodity classification, Automated Export
System overviews and how to use AESPCLink. There is also a speaker from Customs and Border Protection that
discusses enforcement. The FTD also provides company training at the request of a company. Presentations are geared towards company’s
concerns or issues that they would like addressed. The FTD also has an AES Compliance Review Program where staff
visits companies to observe their internal processes with export transactions and the FTD provides guidance on how to increase or maintain compliance with
the FTR.
General Help
>Where can I get more information on the Foreign Trade Regulations (FTR)?
The FTR can be found at our website located
at www.census.gov/trade. Questions concerning the FTR may be directed
to the Regulations, Outreach and Education Branch, Foreign Trade Division,
Census Bureau on (800) 549-0595, option 3 or via email askregs@census.gov.
How do I know if my software has encryption capability?
Many common software products have encryption capability, subjecting them to special
export controls. Internet software,
office software, and many financial software products, among others, have
encryption capability. Contact the manufacturer of the software product to find
out if it has encryption capability. You can also contact the Information
Technology Controls Division within the Bureau of Industry and Security at
(202) 482-0707.
Our company currently does very little exporting; however,
we are anticipating a much higher volume in the near future. I am interested to know whom I could contact
for training information on general export compliance?
Contact the Regulations, Outreach and Education Branch, Foreign Trade Division, Census
Bureau on (800) 549-0595, option 3. Seminars are held in locations all
over the U.S. Visit the Census Bureau’s website for the latest seminars: Presentations
What is the Trade Information Center (TIC)?
The Trade Information Center (TIC) provides export counseling to U.S.
exporters. For information please contact the TIC at (800) USA-TRAD(E) or
(202) 482-0543 or refer to the website: www.export.gov.
What online resources are available to
assist with the export process as it pertains to the Foreign Trade Regulations
(FTR) and the Automated Export System (AES)?
Regulations, Outreach, and Education Branch, (800) 549-0595, option 3, or AskRegs@census.gov
http://www.census.gov/trade
Automated
Export System Branch, (800) 549-0595, option 1, or AskAES@census.gov
Automated
Export System (technical support) (877) 715-4433
www.aesdirect.gov - AESDirect is the free Internet based application supported by the
Census Bureau.
“AES
Newsletter” is available at http://www.census.gov/foreign-trade/aes/documentlibrary/index.html#aes_newsletters
Automated Export System Trade Interface Requirements (AESTIR) is available at http://www.cbp.gov/xp/cgov/trade/automated/aes/tech_docs/aestir/
Commodity
Classification (Schedule B Number), (800) 549-0595, option 2
“Schedule B – Statistical Classification of Domestic and Foreign Commodities
Exported from the United States” is available on the FTD website at http://www.census.gov/foreign-trade/schedules/b/index.html
“Schedule
D – Classification of Customs Districts and Ports for U.S. Foreign Trade
Statistics” is available on FTD website at http://www.census.gov/foreign-trade/reference/codes/
“Schedule
C – Classification of Country and Territory Designations for U.S. Foreign Trade
Statistics” is available on the FTD website at http://www.census.gov/foreign-trade/reference/codes/
Schedule
K, Foreign Post Codes http://www.iwr.usace.army.mil/ndc/wcsc/scheduleK/schedulek.htm
Other Agency Export Control Telephone Contacts
Other Agency Export Control Telephone
Contacts
Bureau
of Industry and Security, Department of Commerce www.bis.doc.gov
Washington, DC Newport Beach,
CA
San Jose, CA
(202)
482-4811
(949)
660-0144 (408) 998-8806
Export
Administration Regulations (EAR) is available on the BIS website at www.access.gpo.gov/bis/ear/ear_data.html
International
Trade Administration, Export Assistance Center (800) 872-8723
Department
of State, Office of Defense Trade Controls (ODTC) (202) 663-2714
http://www.pmddtc.state.gov/
International
Traffic In Arms Regulations (ITAR) is available on the Department of State
website at http://www.pmddtc.state.gov/
Department
of Treasury, Office of foreign Assets Controls (OFAC)
(Sanctioned countries and trade restrictions) (202) 622-2490
http://www.treas.gov/ofac
US
Customs Border and Protection (CBP) (877) 227-5511
http://www.cbp.gov/
North American Free
Trade Agreement (NAFTA) information is located at http://www.fas.usda.gov/itp/Policy/NAFTA/nafta.asp
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FTD Web News
What is required for me to ship charity goods to Haiti?
From GLOBAL REACH: "In order to facilitate the movements of these goods, we offer the following guidance that applies to any goods not requiring a license, such as food, clothing, and medicines." (January 22, 2010)
Foreign Trade has GLOBAL REACH
Foreign Trade has just created and published its official blog, "Global Reach." Visit it to discuss the Foreign Trade Regulations, Export Filing (AES), Trade Data, and other trade related topics. Posts are current and relevant to you as the filer, exporter, data user, or curious blog reader. (January 5, 2010)
FTZ: Guidelines for Submtting Statistical Data
(PDF) (1.8 MB)
Guidelines and best practices for fulfilling FTZ's statistical reporting requirements are now available.
NEW EXPORT TRAINING VIDEOS!!!
- Training videos on topics such as the Foreign Trade Regulations, AESDirect, NAFTA, Taxes/Tariffs, Commodities, etc. now available!
2009 Constant Dollar Data
- The Census Bureau identified a processing error that caused incorrect deflators to be applied to the revised data for 2009. The data have been corrected.
2009 DATA PRODUCT CHANGES
- U.S. Census Bureau will modify the structure of several data products to accommodate changing technology and user demand.
EXPORT COMPLIANCE SEMINARS AND WORKSHOPS
- The export environment has dramatically changed. Come and understand what it takes to remain compliant, aware and out of trouble.
2003 AES Option 4 Moratorium
Option 4 Filing Review Process Suspended
AES Compliance Best Practices:
Best Practices for maintaining AES Compliance are now available.
Related Party Database Application:
Time series RELATED PARTY data for specific commodities and countries.
ORDER AND DOWNLOAD FOREIGN TRADE DATA PRODUCTS:
- Online Order Form
- FTD DropBox
- Merchandise Trade Downloads
NEW Schedule B Search Engine:
It's new. It's flexible. It has more options.
NEWEST TRADE DATA!
- Get the basics!
- Learn more!
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