Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations 45763 

Sponsors of Terrorism countries 

identified in 520.41(c). In addition, the 

item must be endorsed with the marking 

‘‘GIFT—Export License Not Required’’ 

on the addressee side of the package, 

and the symbol ‘‘GFT’’ must be written 

in the same block as the Exemption and 

Exclusion Legend on the applicable 

required customs declaration, as 

described in 527. 

Note: For more information and a complete 

listing of these and other exemption and 

exclusion legends, see Appendix C of the 

Foreign Trade Regulations, 15 CFR Part 30. 

527 Placement of PFC, AES Downtime 

Citation, or Exemption and Exclusion 

Legend 

When shipments require a PFC, AES 

Downtime Citation, or Exemption and 

Exclusion Legend, it is the customer’s 

responsibility to legibly write the PFC, 

AES Downtime Citation, or Exemption 

and Exclusion Legend on the applicable 

customs declaration form 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 and 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 and 

Exclusion Legend at the top of the form 

or in any clear space. Avoid writing 

over the barcode on the form. 

c. On PS Form 2976, Customs 

Declaration—CN22 (September 2009 

version), customers should check 

‘‘30.37(a)’’ or ‘‘30.37(h)’’ in Block 7 of 

the form, depending on the applicable 

Exemption and Exclusion Legend. 

d. On older versions of PS Form 2976, 

Customs Declaration—CN22 (small 

green form), customers should write one 

applicable Exemption and Exclusion 

Legend (‘‘30.37(a)’’ or ‘‘30.37(h)’’) in the 

margin on the green portion of the form. 

e. On Label 11FGG1, Global Express 

Guaranteed (GXG), International Air 

Waybill (Mailing Label) printed prior to 

August 2008, customers should write 

‘‘NOEEI 30.37(a)’’ next to the sender’s 

signature. Current versions have this 

exemption legend included on the GXG 

mailing label. 

Note: These standards also apply to mailers 

who produce privately printed customs 

declaration forms under 123.3. 

* * * * * 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. E9–21307 Filed 9–3–09; 8:45 am] 

BILLING CODE 7710–12–P 

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 ServiceTM. 

ACTION: Final rule. 

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://www.census.gov/foreigntrade/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://

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: 

› Log on to http://www.aesdirect.gov 

and follow the instructions for 

registering and completing the AES 

Certification Quiz. 

› The ‘‘Port of Export’’ code for 

shipping through the Postal Service is 

‘‘8000’’. 

› The ‘‘Mode of Transport’’ is 

‘‘Mail’’. 

› The carrier should be left as 

‘‘SCAC/IATA,’’ and the conveyance 

name fields should remain blank. 

› 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 


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45764 Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations 

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: 

• Regardless of value, for all goods 

shipped to, from, or between the 

following U.S. Territories, use ‘‘NOEEI 

30.2(d)(2)’’: 

Æ American Samoa. 

Æ Guam Island. 

Æ Northern Mariana Islands. 

• 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: 

• 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. 

• 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. 

• 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®), 

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. 

■ Accordingly, 39 CFR part 111 is 

amended as follows: 

PART 111—[AMENDED] 

■ 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. 

■ 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. 


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Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations 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 # 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 # 9101.11.0000) valued at $2400, 

and one electronically operated watch 

(Schedule B item# 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 # 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 #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. 

* * * * * 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. E9–21306 Filed 9–3–09; 8:45 am] 

BILLING CODE 7710–12–P 


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