[Federal Register Volume 74, Number 171 (Friday, September 4, 2009)]
[Rules and Regulations]
[Pages 45763-45765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21306]


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POSTAL SERVICE

39 CFR Part 111


U.S. Census Bureau Electronic Export Information Requirements 
When Sending Shipments Between or to U.S. Territories, Possessions, and 
Freely Associated States

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Final rule.

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SUMMARY: New Foreign Trade Regulations (FTR) issued by the U.S. Census 
Bureau require the Postal Service to revise its standards and customs 
label requirements for customers mailing items between the United 
States, Puerto Rico, and the U.S. Virgin Islands, and from the United 
States to the Freely Associated States (Federated States of Micronesia, 
Republic of the Marshall Islands, and Republic of Palau).

DATES: Effective November 2, 2009.

FOR FURTHER INFORMATION CONTACT: Rick Klutts, 813-877-0372.

SUPPLEMENTARY INFORMATION: On September 30, 2008, the U.S. Census 
Bureau implemented statutory requirements for the electronic filing of 
export information through the Census Bureau's Automated Export System 
(AES) or its AESDirect Web site for various international shipments 
where a Shipper's Export Declaration (SED) was previously required. The 
new Foreign Trade Regulations mandate that Electronic Export 
Information (EEI) be filed when any type of goods contained in a 
shipment (per Schedule B Export Codes at http:[sol][sol]www.census.gov/
foreign-trade/schedules/b) is valued at more than $2,500 or requires an 
export license under U.S. law, subject to certain exceptions.
    The Postal Service standards are consistent with the Foreign Trade 
Regulations (15 CFR part 30) and 13 U.S.C. Chapter 9, as amended by the 
Foreign Relations Authorization Act of 2002, Public L. 107-228.

Requirements for Sending Shipments Between or to U.S. Territories, 
Possessions, and Freely Associated States

    Effective November 2, 2009, customers mailing certain shipments 
containing goods between the United States, Puerto Rico, and the U.S. 
Virgin Islands, or from the United States to the Freely Associated 
States (Republic of the Marshall Islands, Federated States of 
Micronesia, and Republic of Palau), are responsible for filing 
electronic export information with the Census Bureau, and for providing 
a Proof of Filing Citation (PFC) or AES Downtime Citation. In addition, 
in circumstances where a customs declaration form is used today on 
certain parcels, an Exemption or Exclusion Legend should appear, 
provided a PFC or AES Downtime Citation is not applicable. Goods mailed 
to APO/FPO/DPO addresses are not subject to these standards. Section 
30.71 of the Federal Trade Regulations establishes civil and criminal 
penalties for customers who fail to electronically file their export 
information when required, or to comply with their regulations in any 
other way.

Electronic Export Information Filing; Proof of Filing Citation

    The Census Bureau's requirements for electronic filing of export 
information apply to certain shipments:
    1. From the United States to Puerto Rico or the U.S. Virgin 
Islands.
    2. From Puerto Rico to the United States or U.S. Virgin Islands.
    3. From any U.S. location to the Freely Associated States. Subject 
to exemptions and exclusions, as set forth below, electronic filing of 
export information and a Proof of Filing Citations (PFC) are required 
when:
    1. Any type of goods in the package (per Schedule B Export Codes at 
http:[sol][sol]www.census.gov/foreign-trade/schedules/b) is valued at 
more than $2,500.
    2. The package requires an export license, if sent to one of the 
Freely Associated States. To determine if an export license is 
required, go to http://www.export.gov/regulation/index.asp or call: 1-
800-USA-TRAD(E).
    In these circumstances, it is the mailer's responsibility to 
electronically file export information before mailing; a paper 
Shipper's Export Declaration (SED) is no longer accepted. Electronic 
export information is filed through the U.S. Census Bureau's Automated 
Export System (AES) or AESDirect Web site utilizing the following 
steps:
    [dec221] Log on to http://www.aesdirect.gov and follow the 
instructions for registering and completing the AES Certification Quiz.
    [dec221] The ``Port of Export'' code for shipping through the 
Postal Service is ``8000''.
    [dec221] The ``Mode of Transport'' is ``Mail''.
    [dec221] The carrier should be left as ``SCAC/IATA,'' and the 
conveyance name fields should remain blank.
    [dec221] After the mailer has successfully filed the electronic 
export information, the mailer will be provided with an alphanumeric 
Internal Transaction Number (ITN) as confirmation. When

[[Page 45764]]

mailing, the Proof of Filing Citation will consist of the letters 
``AES'' followed by the ITN: for example, ``AES X20080930987654''.

    Note: If the AES system is down, call 1-800-549-0595, option 1.

AES Downtime Citation

    If export information filing is required but AES or AESDirect is 
unavailable, the goods may be shipped but the mailer is responsible for 
providing the appropriate AES Downtime Citation. This citation includes 
the word ``AESDOWN,'' the mailer's AES filer identification number, and 
the date: for example, ``AESDOWN 123456789 09/30/2009''.

Exemption and Exclusion Legends

    For items that bear a customs declaration form as defined in 
Domestic Mail Manual 608.2.4 and when a PFC or an export license is not 
required, customers should enter one of following exemption codes on 
the customs declaration form:
    <bullet> Regardless of value, for all goods shipped to, from, or 
between the following U.S. Territories, use ``NOEEI 30.2(d)(2)'':
    [cir] American Samoa.
    [cir] Guam Island.
    [cir] Northern Mariana Islands.
    <bullet> For items destined to the Freely Associated States, 
customers may apply ``NOEEI 30.37(a)'' if the value of each class of 
goods is $2,500 or less. Exemption or Exclusion Legends cannot be 
applied to packages that require an export license. In such cases, 
customers mailing goods are responsible for filing or attempting to 
file, electronic export information through the AES Web site and apply 
a PFC or AES Downtime Citation to the customs declaration form. For 
more information on these and other exemptions and exclusions, 
customers should consult Appendix C of the Foreign Trade Regulations, 
15 CFR part 30.

Entering Required PFC, AES Downtime Citation Placement, or Exemption 
and Exclusion Legend

    When required, customers should legibly write the PFC, AES Downtime 
Citation, or Exemption and Exclusion Legend as follows when a customs 
declaration form is used on a package under DMM 608.2.4:
    <bullet> On PS Form 2976-A, Customs Declaration and Dispatch Note--
CP72 (large white form), customers should write one Exemption or 
Exclusion Legend, PFC, or AES Downtime Citation in Block 11.
    <bullet> On older versions of PS Form 2976-A printed prior to 
January 2009, customers should write one Exemption or Exclusion Legend, 
PFC, or AES Downtime Citation at the top of the form or in any clear 
space. Avoid writing over the barcode on the form.
    <bullet> If no customs declaration form is required (e.g., items 
sent between the United States, Puerto Rico, and the U.S. Virgin 
Islands), no other action for recording the Exemption or Exclusion 
Legend, PFC or AES Downtime Citation on the package is required.

Responding to Customer Questions

    Customers needing further assistance with AES filing requirements 
should contact the U.S. Census Bureau on its toll-free hotline at 1-
800-549-0595:
    Option 1--AES Assistance;
    Option 2--Commodity Classification Assistance;
    Option 3--Regulatory Assistance.
    Customers may also obtain a copy of Publication 613, New U.S. 
Census Bureau Regulations: What Mailers Need to Know When Shipping an 
International Package, from any U.S. Postal Service retail unit.
    The Postal Service adopts the following changes to Mailing 
Standards of the United States Postal Service, Domestic Mail Manual 
(DMM[supreg]), incorporated by reference in the Code of Federal 
Regulations. See 39 CFR 111.1.

List of Subjects in 39 CFR Part 111

    Administrative practice and procedure, Postal Service.


0
Accordingly, 39 CFR part 111 is amended as follows:

PART 111--[AMENDED]

0
1. The authority citation for 39 CFR part 111 is revised to read as 
follows:

    Authority:  5 U.S.C. 552(a); 13 U.S.C. 301-307; 39 U.S.C. 101, 
401, 403, 404, 407, 414, 416, 3001-3011, 3201-3219, 3403-3406, 3621, 
3622, 3626, 3632, 3633, and 5001.


0
2. Revise the following sections of Mailing Standards of the United 
States Postal Service, Domestic Mail Manual (DMM) as follows:

Mailing Standards of the United States Postal Service, Domestic Mail 
Manual (DMM)

* * * * *

600 Basic Standards For All Mailing Services

* * * * *

608 Postal Information and Resources

* * * * *

608.2 Domestic Mail

* * * * *

608.2.4 Customs Declaration Form Required

[Redesignate the text in existing 2.4 as 2.4.1 and title as ``Priority 
Mail Weighing 16 Ounces or More'' and insert new 2.4.2 as follows:]

2.4.2 Freely Associated States--Items Requiring an Export License

    Items sent to the Freely Associated States listed in DMM 608.2.2 
that require an export license under 608.2.5.8, regardless of weight or 
class of mail, always require a PS Form 2976-A.
[Insert new DMM 608.2.5 to read as follows:]

608.2.5 Foreign Trade Regulations--U.S. Department of Commerce, U.S. 
Bureau of the Census

    This section describes the various U.S. Department of Commerce, 
U.S. Bureau of the Census requirements when shipping goods to, from, 
and between U.S. territories, possessions, and Freely Associated 
States. Shipments to APO/FPO/DPO addresses are not subject to these 
requirements. Customers may be subject to civil and criminal penalties 
if they fail to electronically file their export information when 
required, or if they fail to comply with the Foreign Trade Regulations 
in any other way. Refer to IMM 520 for additional standards about the 
Census Bureau's requirements.

608.2.5.1 Mandatory Electronic Filing--U.S. Territories, Possessions, 
and Freely Associated States

    Under the authority of 13 U.S.C. Chapter 9, as amended by the 
Foreign Relations Authorization Act of 2002, Public Law 107-228, U.S. 
Census Bureau regulations require electronic filing of export 
information through the U.S. Census Bureau's Automated Export System 
(AES) or AESDirect Web site for certain shipments of goods. Electronic 
filing of export information is required when any of the following 
applies, subject to certain exemptions and exclusions (see DMM 
608.2.5.4):
    a. The item requires an export license under U.S. law when sent to 
the Freely Associated States. See DMM 608.2.5.5 and DMM 608.2.5.6.
    b. One or more classes of goods (per Schedule B Export Codes at 
http://www.census.gov/foreign-trade/schedules/b) within the item is 
valued at more than $2,500 and the item is mailed as follows:
    1. From Puerto Rico to the United States or U.S. Virgin Islands.
    2. From the United States to Puerto Rico or the U.S. Virgin 
Islands.

[[Page 45765]]

    3. From the United States, Puerto Rico, or the U.S. Virgin Islands 
to the Freely Associated States.

608.2.5.2 Value Criterion

    Following are three examples to illustrate the value criterion 
defined in 2.5.1:
    a. A package contains one mechanically operated watch (Schedule B 
item <greek-i> 9101.11.0000) valued at $2600. The total value of goods 
to be mailed is $2600, and the value of all items within the same 
Schedule B number is over $2500. Consequently, electronic filing and a 
PFC would be required (unless an exemption or exclusion applies).
    b. A package contains one mechanically operated watch (Schedule B 
item <greek-i> 9101.11.0000) valued at $2400, and one electronically 
operated watch (Schedule B item<greek-i> 9101.91.0000) valued at $2400. 
The total value of goods to be mailed is $4800, but no group of items 
within the same Schedule B number is valued over $2500. Consequently, 
electronic filing and a PFC would not be required, because the 
mechanical watch and electronic watch are in different Schedule B 
groups,
    c. A package contains two mechanically operated watches (Schedule B 
item <greek-i> 9101.11.0000) one valued at $1400 and one valued at 
$1500. The total value of goods to be mailed is $2900 and the value of 
all items within the same Schedule B number is over $2500. 
Consequently, electronic filing and a PFC would be required, unless an 
exemption or exclusion applies.

608.2.5.3 How to File Electronic Export Information and Obtain a Proof 
of Filing Citation

    For additional information on electronic filing, call the U.S. 
Census Bureau's toll-free information hotline at 800-549-0595, option 
<greek-i>3. To file electronic export information through AESDirect and 
obtain a PFC, customers should use the following steps:
    a. Go to http://www.aesdirect.gov.
    b. Register for an AESDirect account or log into your existing 
account.
    c. Follow the instructions for the AES Certification Quiz.
    d. The ``Port of Export'' code for shipping through the Postal 
Service is ``8000''.
    e. The ''Mode of Transport'' is ``Mail''.
    f. Leave the carrier as `SCAC/IATA' and the conveyance name fields 
blank.
    g. After successfully filing electronic export information, 
AESDirect will provide an alphanumeric Internal Transaction Number 
(ITN) as confirmation. The PFC consists of the letters ``AES'' followed 
by the ITN: for example, ``AES X20080930987654''.

608.2.5.4 AES Downtime Citation

    If electronic information filing is required but AES or AESDirect 
is unavailable, the goods may be shipped but the customer is 
responsible for providing the appropriate AES Downtime Citation instead 
of a PFC. This citation includes the word ``AESDOWN,'' the customer's 
AES filer identification number, and the date: for example, ``AESDOWN 
123456789 09/30/2009.''

608.2.5.5 Exclusion and Exemption Legends

    In many circumstances, electronic export information filing and a 
Proof of Filing Citation (PFC) may not be required. In these 
circumstances, and only when a customs declaration form is required 
under 608.2.4, customers are responsible for presenting an applicable 
Exemption or Exclusion Legend on the customs declaration form upon 
mailing. Customers may forgo this requirement if no customs declaration 
form is required. When a customs declaration form is used, customers 
should enter the applicable Exemption or Exclusion Legend on the 
customs declaration form. Customers must only enter one Exemption or 
Exclusion Legend per addressed mailpiece. When multiple Exemption or 
Exclusion Legends may apply, the mailer may select any one that 
applies. For more information on these and other exemptions and 
exclusions, customers should consult Appendix C of the Foreign Trade 
Regulations, 15 CFR Part 30. The following is a list of the most 
commonly applicable Exemption or Exclusion Legends for items mailed to 
from or between destinations under 608.2.
    a. Regardless of value, for all goods shipped to, from, or between 
the following U.S. Territories, use ``NOEEI 30.2(d)(2)'':
    1. American Samoa.
    2. Guam Island.
    3. Northern Mariana Islands.
    b. For items destined to the Freely Associated States listed in DMM 
608.2.2, customers may apply ``NOEEI 30.37(a)'' if the value of each 
class of goods is $2,500 or less, provided an export license is not 
required (see 608.2.5.7 and 608.2.5.8).

608.2.5.6 Placement of PFC, AES Downtime Citation Placement, or 
Exemption and Exclusion Legend

    If no customs declaration form is required (e.g., items sent 
between the United States, Puerto Rico, and the U.S. Virgin Islands), 
no other action for recording the PFC or AES Downtime Citation on the 
package is required. However, when a shipment requires a PFC, or AES 
Downtime Citation, or Exemption and Exclusion Legend, and a PS Form 
2976-A is used under DMM 608.2.4; it is the customer's responsibility 
to legibly write the PFC, AES Downtime Citation, or Exemption or 
Exclusion Legend as follows:
    a. On PS Form 2976-A, Customs Declaration and Dispatch Note--CP72 
(large white form) customers should write one PFC, AES Downtime 
Citation, or Exemption or Exclusion Legend in Block 11.
    b. On older versions of PS Form 2976-A printed prior to January 
2009 customers should write one PFC, AES Downtime Citation, or 
Exemption or Exclusion Legend at the top of the form or in any clear 
space. Avoid writing over the barcode on the form.

608.2.5.7 Additional Standards for the Freely Associated States

    The Freely Associated States listed in DMM 608.2.2 are foreign 
destinations for the purposes of the Foreign Trade Regulations and 
other laws and regulations governing imports and exports. As such, 
certain goods shipped to these destinations from the United States, 
Puerto Rico, the U.S. Virgin Islands, or other U.S. territories may 
require an export license. To determine if an export license is 
required, go to http://www.export.gov/regulation/index.asp or call: 1-
800-USA-TRAD(E) (1-800-872-8723).

608.2.5.8 When an Export License Is Required

    When an export license is required under 608.2.5.7, a PS Form 2976-
A is always required. The electronically generated License Number must 
appear in Block 13, and a PFC or AES Downtime Citation must appear in 
Block 11 of the customs declaration form. See IMM 520 and 530 for 
complete requirements. In addition, it is the mailer's responsibility 
to comply with the U.S. Census Bureau's requirements for filing 
electronic export information, as described in DMM 608.2.5.1 and 
608.2.5.2. A PFC or AES Downtime Citation should appear on the customs 
declaration form as described in DMM 608.2.5.6.
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Neva R. Watson,
Attorney, Legislative.
[FR Doc. E9-21306 Filed 9-3-09; 8:45 am]
BILLING CODE 7710-12-P