86762 Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Proposed Rules 

Issued in Des Moines, Washington, on 

October 25, 2024. 

B.G. Chew, 

Group Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2024–25339 Filed 10–30–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Census Bureau 

15 CFR Part 30 

[Docket Number: 241010–0268] 

RIN: 0607–AA62 

Foreign Trade Regulations (FTR): 

Clarification of Filing Requirements 

Regarding In-Transit Shipments and 

Other FTR Provisions 

AGENCY: Census Bureau, Department of 

Commerce. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Bureau of the Census 

(Census Bureau) proposes to amend its 

regulations to clarify the requirements 

governing in-transit shipments from 

foreign countries through the United 

States that are subsequently exported to 

a foreign destination. This rulemaking 

proposes to clarify who is the U.S. 

Principal Party in Interest (USPPI) and 

revise the entry number description 

when goods are entered into the United 

States for consumption or warehousing, 

and then stored in a warehouse or 

storage facility or admitted into a 

Foreign Trade Zone (FTZ) before being 

exported. This rule also proposes to 

clarify that when a customs broker is the 

USPPI and they are requested to provide 

information from the customs entry for 

the filing of the Electronic Export 

Information (EEI), that they obtain 

consent from their client, as required in 

the customs regulations. Additionally, 

this proposed rule revises several 

sections, including definitions, 

mandatory filing requirements, 

responsibilities of parties to the export 

transaction, confidentiality, penalties, 

and voluntary self-disclosures to ensure 

clarity, accuracy, and consistency 

throughout the FTR. 

DATES: Written comments must be 

received on or before December 30, 

2024. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. The identification 

number for this rulemaking is identified 

by RIN number 0607–AA62; or 

• By email directly to 

gtmd.ftrnotices@census.gov. Include 

RIN number 0607–AA62 in the subject 

line. 

All comments received are part of the 

public record. No comments will be 

posted to http://www.regulations.gov for 

public viewing until after the comment 

period has closed. Comments will 

generally be posted without change. All 

Personally Identifiable Information (for 

example, name and address) voluntarily 

submitted by the commenter may be 

publicly accessible. Do not submit 

confidential business information or 

otherwise sensitive or protected 

information. 

FOR FURTHER INFORMATION CONTACT: Epa 

Uwimana, Chief, Economic 

Management Division, Census Bureau, 

4600 Silver Hill Road, Washington, DC 

20233–6010, by phone (301) 763–6064, 

by fax (301) 763–8835, or by email 

epaphrodite.uwimana@census.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Census Bureau, as delegated to it 

by the Secretary of Commerce, is 

responsible for collecting, compiling, 

and publishing import and export trade 

statistics for the United States under the 

provisions of Title 13, United States 

Code (U.S.C.), Chapter 9, Section 301(a). 

Under Title 13 U.S.C. 302, the Secretary 

of Commerce is authorized to 

promulgate regulations deemed by the 

Secretary to be necessary or appropriate 

and in such form or manner as the 

Secretary determines are necessary or 

proper to carry out the purposes of and 

prevent the circumvention of the 

requirements of Chapter 9 of Title 13. 

The Secretary also may promulgate 

regulations covering the confidentiality, 

publication, and disclosure of 

information collected under Chapter 9. 

The Secretary developed the Automated 

Export System (AES), consistent with 

Public Law 106–113 and considering 

the confidentiality requirements of 

Chapter 9 of Title 13, to collect EEI in 

concert with the export control and 

enforcement functions of U.S. Customs 

and Border Protection and Immigration 

and Customs Enforcement of the 

Department of Homeland Security, the 

Bureau of Industry and Security (BIS) of 

the Department of Commerce, and the 

Directorate of Defense Trade Controls of 

the Department of State. Public Law 

107–228 directed the Secretary to 

publish regulations requiring exporters 

to file Shippers’ Export Declarations, 

now referenced as EEI, in the AES. As 

a result, the Census Bureau is 

responsible for publishing the FTR that 

set the export reporting requirements for 

preparing and filing the EEI in the 

Automated Export System (AES). The 

EEI is made up of mandatory, 

conditional, and optional data elements. 

The purpose of this rulemaking is to 

revise the FTR to define the USPPI and 

revise the description of the entry 

number when goods enter the United 

States for consumption or warehousing, 

and then stored in a warehouse or 

storage facility or admitted into a FTZ 

before being exported. The Census 

Bureau has experienced an increase in 

the number of inquiries regarding export 

transactions where a customs broker 

enters goods into the United States for 

consumption or warehousing, and then 

stored in a warehouse or storage facility 

or admitted into a FTZ before being 

exported. 

In this proposed rule we are 

expanding the scenarios of the USPPI 

for goods that enter into the United 

States for consumption or warehousing, 

and then stored in a warehouse or 

storage facility or admitted into a FTZ 

before being exported. The current FTR 

30.3(b)(2)(iv) and (v) allow the customs 

broker to be the USPPI when the 

customs broker or a foreign person is 

listed as the importer of record, 

respectively. However, this may no 

longer be practical when goods have 

been stored in warehouses, storage 

facilities, or FTZ for an extended period 

of time after entry. In many cases, 

additional parties other than the 

customs broker have knowledge and 

control of the goods for weeks, months 

or years and possess the goods in 

warehouses, storage facilities, or FTZs. 

Therefore, the Census Bureau is 

proposing the warehouse, storage 

facility or FTZ be considered the USPPI 

in these scenarios based on knowledge 

and control of the goods destined to be 

exported. Additionally, when the 

customs broker is the USPPI, it must 

obtain consent from its client to share 

information from the import entry that 

supports the preparation and filing of 

the EEI in the AES. The Census Bureau 

proposes to revise the conditional data 

element entry number description to 

require the entry number when foreign 

origin goods are entered into the United 

States for consumption or warehousing, 

and then stored in a warehouse or 

storage facility or admitted into a FTZ 

before being exported. The Census 

Bureau has evaluated the entry number 

on the EEI, as suggested in a comment 

from the trade community to the NPRM 

for the Country of Origin (COO) titled 

Foreign Trade Regulations (FTR): New 

Filing Requirement and Clarifications to 

Current Requirements (RIN: 0607– 

AA59), published December 15, 2021 

and has determined that the entry 

number will provide the Census Bureau 


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Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Proposed Rules 86763 

with a linkage to the CBP entry data 

where the COO data can be obtained to 

achieve its statistical purposes. The 

Census Bureau also proposes to add one 

definition, remove one definition, and 

revise twelve other definitions in order 

to ensure that any revisions made to the 

FTR will allow for the continued 

collection of accurate trade statistics; 

revise the mandatory EEI filing 

requirements for exports subject to the 

Drug Enforcement Agency regulations; 

revise the list of information that a 

USPPI and an authorized agent provide 

in a routed export transaction; and 

clarify language regarding AES 

downtime, confidentiality, penalties, 

and Voluntary Self-Disclosures; and 

proposes to make grammatical and style 

changes in the FTR. 

The Census Bureau is seeking public 

comments from data users, businesses, 

and others to assess these proposed 

changes. Below are considerations when 

providing feedback to this proposed 

rule; however, any pertinent feedback 

not captured by these considerations is 

welcome. 

1. Describe the potential value of 

clarifying who is the USPPI when goods 

enter the United States for consumption 

or warehousing, and then stored in a 

warehouse or storage facility or 

admitted into a FTZ before being 

exported. 

2. Describe the potential value to all 

other changes to the FTR. 

3. How long would a company that 

utilizes or manages proprietary software 

need to make programming changes to 

potentially adapt to the changes in this 

proposed rule and interface to the AES? 

4. Are there business practices that a 

company would need to implement to 

come into compliance with the changes 

in this proposed rule? If so, how long 

would a company need to implement 

new business practices? 

Finally, the U.S. Department of 

Homeland Security and the U.S. 

Department of State concur with the 

revisions to the FTR as required by 13 

U.S.C. 303, and Public Law 107–228, 

division B, title XIV, section 1404. 

Program Requirements 

To comply with the requirements of 

the Foreign Relations Act, Public Law 

107–228, the Census Bureau is 

amending relevant sections of the FTR 

to revise or clarify export reporting 

requirements. Therefore, the Census 

Bureau is correcting 15 CFR part 30 by 

making the following correcting 

amendments: 

• Revise § 30.1(c) by amending the 

definitions for ‘‘Buyer’’, ‘‘End user’’, 

‘‘Filer’’, ‘‘Foreign port of unlading ‘‘, 

‘‘Foreign Principal Party in Interest 

(FPPI)’’, ‘‘Forwarding agent’’, 

‘‘Intermediate consignee’’, ‘‘Order 

party’’, ‘‘Seller’’, ‘‘Shipment’’, ‘‘Ultimate 

consignee’’, and ‘‘U.S. Principal Party in 

Interest (USPPI)’’. Additionally, add the 

definition for ‘‘Conveyance’’ and 

remove the definition for ‘‘Consignee’’. 

• Revise § 30.2(a)(1)(iv)(D) by 

amending the Drug Enforcement 

Agency’s authorization to require EEI 

filing in the AES for all licenses and 

permits under 12 CFR 1309. 

• Revise § 30.2(d)(1) by amending the 

language to clarify that EEI filing is 

excluded when goods are moving intransit through the United States, Puerto 

Rico, or the U.S. Virgin Islands from one 

country or area to another where such 

goods do not enter the United States for 

consumption or warehousing. 

• Revise § 30.2(d)(4) by removing the 

reference to the exemption § 30.39 as 

the exclusion overrides the exemption. 

• Revise § 30.3 by adding an 

introductory paragraph that states 

international commercial terms, terms 

of sale, and industry or other 

agreements do not determine the type of 

or parties to the export transaction. 

• Revise § 30.3(a) by replacing 

General requirements with General filer 

requirements to include specific 

paragraphs designated as (a)(1) that the 

filer is a USPPI or authorized agent, 

(a)(2) that the filer must be located 

physically in the U.S. when filing the 

EEI, and (a)(3) that the EEI must be filed 

completely, accurately, and timely. 

• Revise § 30.3(b)(2) by removing the 

foreign entity as the USPPI because it 

has been added as a scenario in this 

section. 

• Revise § 30.3(b)(2)(iv) by amending 

to combine the existing language in 

§ 30.3(b)(2)(iv) and (v), add a time frame 

from when the customs broker clears 

goods into the United States for 

consumption or warehousing and clarify 

who is the USPPI in the scenario; and 

by adding a Note that requires the 

customs broker to obtain consent from 

its client when the information from the 

customs entry is used to prepare and file 

the EEI. 

• Revise § 30.3(b)(2)(v) to identify the 

USPPI as a person who admits goods 

into a Foreign Trade Zone (FTZ) or the 

FTZ operator as the USPPI. 

• Revise § 30.3(b)(2)(vi) to add a 

USPPI scenario when the foreign entity 

is in the United States when the goods 

are purchased or obtained for export. 

• Revise § 30.3(d)(4) by adding 

postdeparture, downtime and exclusion 

to the list of citations. 

• Revise § 30.3(e)(1) and § 30.3(e)(2) 

by removing the list and references to 

those list of data elements the USPPI 

provides to the authorized agent to 

assist in the preparation and filing of the 

EEI, and the list of data elements the 

authorized agent must provide to the 

USPPI upon request, and replace with 

Appendix C. 

• Revise § 30.4(b)(1) to remove 

references to the downtime procedures; 

• Revise § 30.4(b)(4) by amending to 

replace with the existing language in 

§ 30.4(b)(5) regarding EEI filing time 

frames for the export of used selfpropelled vehicles; 

• Remove § 30.4(b)(5); 

• Revise § 30.4(c)(2) to replace the 

term ‘‘Consignee’’ with ‘‘Ultimate 

consignee’’. 

• Revise § 30.4(f) by adding the 

downtime procedures. 

• Revise § 30.6(a)(1) to remove 

examples of the USPPI from the USPPI 

data element description, rename the 

‘‘Address of the USPPI’’ to ‘‘Address of 

origin’’, and revise the USPPI Address 

of origin example. 

• Revise § 30.6(a)(3) to provide 

examples of the ultimate consignee 

based on knowledge at the time of 

export. 

• Revise § 30.6(a)(4) by amending the 

U.S. state of origin example. 

• Revise 30.6(a)(11) to refer to 30.1 for 

detailed definitions of foreign and 

domestic goods. 

• Revise § 30.6(b)(2) to clarify that the 

intermediate consignee must physically 

take possession of the goods. 

• Revise § 30.6(b)(4) to clarify that the 

Foreign Port of Unlading is the location 

where the goods are removed from the 

exporting conveyance. 

• Revise § 30.6(b)(6) to provide a 

reference to section 758.1(g) of the 

Export Administration Regulations to 

clarify the Export Control Classification 

Number reporting requirements. 

• Revise § 30.6(b)(13) to clarify that 

the entry number is required when the 

export meets the scenarios of 

30.3(b)(2)(iv) and (v) or the Domestic or 

foreign indicator is foreign, and the 

customs broker has received consent 

from its client to report or provide the 

entry number when goods were 

previously entered into the United 

States for consumption or warehousing 

before being exported. 

• Revise § 30.18(c) to remove the 

reference to the Department of State 

website. 

• Revise § 30.29(a)(1) and 

§ 30.29(a)(2) to add a reference to 

§ 30.53 to clarify the import reporting 

requirements for repairs. 

• Revise § 30.60 (c)(1) to amend by 

combining the existing language in 

(c)(1) and (c)(2) to clarify that the EEI 

may not be used for tax purposes unless 

otherwise noted. 

• Revise § 30.60(c)(2) to add language 

to prohibit the use of EEI for export 


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86764 Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Proposed Rules 

marketing and promotion unless 

otherwise noted. 

• Revise 30.60(c)(4) to amend foreign 

entity to foreign person. 

• Revise § 30.71(a)(2) by amending 

the language to add that deactivation of 

a filer’s account may be a penalty if the 

filer furthers illegal activity. 

• Revise § 30.74(b)(4) and (d) to 

clarify that foreign persons may not 

submit a Voluntary Self-Disclosure and 

to amend the Census Bureau’s actions 

when responding to a Voluntary SelfDisclosure. 

• Revise FTR Appendix B to Part 

30—AES Filing Citation, Exemption and 

Exclusion Legends to replace X. with 

Miscellaneous Exclusion Statements 

and move Split Shipments to XI. 

• Add FTR Appendix C to Part 30— 

Required Data Elements—Routed Export 

Transactions to include the data 

elements that the USPPI and authorized 

agent are responsible for in a routed 

export transaction. 

Rulemaking Requirements 

Regulatory Flexibility Act 

The Chief Council for Regulation of 

the Department of Commerce has 

certified to the Chief Counsel for 

Advocacy, Small Business 

Administration (SBA) that this proposed 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

This action requires that USPPIs or 

authorized agents in the United States 

file EEI in the AES for all shipments 

where an EEI record is required under 

the FTR. The SBA’s table of size 

standards indicates that businesses that 

are the USPPI or authorized agent and 

file EEI are considered small businesses 

if they employ less than 500 people. 

Based on Exhibit 7a of A Profile of U.S. 

Importing and Exporting Companies, 

2021–2022 the Census Bureau estimates 

that there are 271,391 USPPIs that are 

considered small and medium sized 

exporters under the Small Business Act 

definition, and more than 73 percent of 

these USPPIs use an authorized agent to 

file EEI. An estimate of the number of 

authorized agents is not known. 

The majority of USPPIs and 

authorized agents require the use of a 

computer to perform routine tasks, such 

as filing the EEI. These USPPIs and 

authorized agents are unlikely to be 

significantly affected by these new 

requirements, as they already possess 

the necessary technology and 

equipment to submit the EEI. In 

addition, it is not necessary for small 

businesses to purchase software for this 

task because a free internet-based 

system is provided, AESDirect, 

especially for small businesses to 

submit their export information 

electronically. The proposed new 

requirements will have minimal impact 

on response burden. For these reasons, 

the Census Bureau believes this rule 

will not have a significant economic 

impact on all companies including a 

substantial number of small entities. 

Executive Orders 

This proposed rule has been 

determined to not be significant for 

purposes of Executive Order 12866. 

This proposed rule does not contain 

policies with federalism implications 

sufficient to warrant preparation of a 

federalism assessment under Executive 

Order 13132. 

Paperwork Reduction Act 

Notwithstanding any other provisions 

of law, no person is required to respond 

to, nor shall a person be subject to, a 

penalty for failure to comply with a 

collection of information subject to the 

requirements of the Paperwork 

Reduction Act (PRA) unless that 

collection of information displays a 

valid Office of Management and Budget 

(OMB) control number. 

This proposed rule covers collections 

of information subject to the provisions 

of the PRA, which are cleared by OMB 

under OMB Control Number 0607– 

0152—AES Program. 

This proposed rule will not impact 

the current reporting-hour burden 

requirements as approved under OMB 

Control Number 0607–0152 under 

provisions of the PRA. The proposed 

rule will not require any revisions to the 

information sought under OMB Control 

Number 0607–0152. 

Robert L. Santos, Director, Census 

Bureau, approved the publication of this 

notification in the Federal Register. 

List of Subjects in 15 CFR Part 30 

Economic statistics, Exports, Foreign 

trade, Reporting and recordkeeping 

requirements. 

For the reasons set out in the 

preamble, the Census Bureau is 

proposing to amend Title 15, CFR part 

30, as follows: 

PART 30—FOREIGN TRADE 

REGULATIONS 

■ 1. The authority citation for 15 CFR 

part 30 continues to read as follows: 

Authority: 5 U.S.C. 301; 13 U.S.C. 301– 

307; Reorganization plan No. 5 of 1990 (3 

CFR 1949–1953 Comp., p. 1004); Department 

of Commerce Organization Order No. 35–2A, 

July 22, 1987, as amended, and No. 35–2B, 

December 20, 1996, as amended; Pub. L. 107– 

228, 116 Stat. 1350. 

■ 2. Amend § 30.1(c) by: 

■ a. Revising the definitions for 

‘‘Buyer’’, ‘‘Commerce Control List 

(CCL)’’, ‘‘Country of ultimate 

destination’’, ‘‘End user’’, ‘‘Filer’’, 

‘‘Foreign port of unlading‘‘, ‘‘Foreign 

Principal Party in Interest (FPPI)’’, 

‘‘Forwarding agent’’, ‘‘Intermediate 

consignee’’, ‘‘Order party’’, ‘‘Person’’, 

‘‘Seller’’, ‘‘Shipment’’, ‘‘Shipping 

documents’’, ‘‘Ultimate consignee’’, 

‘‘U.S. Principal Party in Interest 

(USPPI)’’, ‘‘Voluntary Self-Disclosure 

(VSD)’’; 

■ b. Removing the definition for 

‘‘Consignee’’; and 

■ c. Adding, in alphabetical order, the 

definition for ‘‘Conveyance’’. 

The revisions and additions read as 

follows: 

§ 30.1 Purpose and definitions. 

* * * * * 

(c) * * * 

Buyer (purchaser). The person located 

abroad in the export transaction that 

purchases the goods for delivery to the 

ultimate consignee. The buyer 

(purchaser) and ultimate consignee may 

be the same. 

* * * * * 

Commerce Control List (CCL). A list of 

items found in Supplement No. 1 to Part 

774 of the Export Administration 

Regulations (EAR). Supplement No. 2 to 

Part 774 of the EAR contains the 

General Technology and Software Notes 

relevant to entries contained in the CCL. 

* * * * * 

Conveyance. The actual aircraft, 

vessel, railcar, truck, and other means of 

transport used to transport goods from 

one place to another. See § 30.6(a)(7). 

* * * * * 

Country of ultimate destination. The 

country where the goods are to be 

consumed, further processed, stored, or 

manufactured, as known to the USPPI at 

the time of export. (See § 30.6(a)(5)). 

* * * * * 

End user. The person located abroad 

who receives and ultimately uses the 

exported, reexported or transferred (incountry) items. The end user is not an 

authorized agent or intermediary but 

may be the FPPI or ultimate consignee. 

* * * * * 

Filer. The USPPI or an authorized 

agent who is responsible for submitting 

the Electronic Export Information (EEI) 

in the Automated Export System (AES). 

* * * * * 

Foreign port of unlading. The port in 

a foreign country where the goods are 

removed from the exporting 

conveyance. The foreign port does not 

have to be located in the country of 

destination. The foreign port of 


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unlading shall be reported in terms of 

the Schedule K, ‘‘Classification of CBP 

Foreign Ports by Geographic Trade Area 

and Country.’’ 

Foreign Principal Party in Interest 

(FPPI). The person located abroad who 

purchases the goods for export or to 

whom final delivery of the goods will be 

made. This party may be the ultimate 

consignee, buyer (purchaser), or end 

user. 

* * * * * 

Forwarding agent. The person in the 

United States who is authorized by the 

principal party in interest to facilitate 

the movement of the cargo from the 

United States to the foreign destination. 

* * * * * 

Intermediate consignee. The person 

located abroad who acts as an agent for 

the principal party in interest and takes 

possession of the goods for the purpose 

of effecting delivery of goods to the 

ultimate consignee. The intermediate 

consignee may be a forwarding agent or 

other person who acts as an agent for a 

principal party in interest. 

* * * * * 

Order party. The person in the United 

States who conducts the direct 

negotiations or correspondence with the 

buyer (purchaser) or ultimate consignee 

and who, as a result of these 

negotiations, receives the order from the 

FPPI. The order party may be the USPPI. 

See § 30.3(b)(2)(iii) of the FTR. 

* * * * * 

Person. Any natural person, 

corporation, partnership, or other legal 

entity of any kind, domestic or foreign. 

* * * * * 

Seller. A person in the transaction, 

usually the manufacturer, producer, 

wholesaler, or distributor of the goods, 

that receives the monetary benefit or 

other consideration for the exported 

goods. 

* * * * * 

Shipment. All goods being sent from 

one USPPI to one ultimate consignee 

located in a single country of 

destination on a single conveyance and 

departing from the United States on the 

same day. Except as noted in 

§ 30.2(a)(1)(iv), the EEI shall be filed 

when the value of the goods is over 

$2,500 per Schedule B or HTSUSA 

commodity classification code. 

* * * * * 

Shipping documents. Documents that 

include but are not limited to 

commercial invoices, export shipping 

instructions, packing lists, bills of 

lading and air waybills. 

* * * * * 

Ultimate consignee. The person 

located abroad who receives the export 

shipment. The ultimate consignee is not 

a forwarding agent or other 

intermediary, but may be the FPPI, 

buyer (purchaser), or end user. 

* * * * * 

U.S. principal party in interest 

(USPPI). The person in the United 

States that receives the primary benefit, 

monetary or otherwise, from the export 

transaction. 

* * * * * 

Voluntary Self-Disclosure (VSD). A 

narrative account with supporting 

documentation that sufficiently 

describes suspected violations of the 

FTR. A VSD reflects due diligence in 

detecting and correcting potential 

violations when required information 

was not reported or when incorrect 

information was provided that violates 

the FTR. 

* * * * * 

■ 3. Amend § 30.2 by revising 

(a)(1)(iv)(D), (a)(2), (d)(1), and (d)(4). 

The revisions read as follows: 

(a) * * * 

(1) * * * 

(iv) * * * 

(D) Requiring a Department of Justice, 

Drug Enforcement Administration 

(DEA) export permit or declaration (21 

CFR 1300 through 1399). 

* * * * * 

(2) Filing methods. The USPPI has 

four means for filing EEI: use AESDirect; 

develop AES software using the AESTIR 

(see AESTIR Introduction and 

Guidelines | U.S. Customs and Border 

Protection (cbp.gov); purchase software 

developed by certified vendors using 

the AESTIR; or use an authorized agent. 

An FPPI can only use an authorized 

agent in a routed transaction. 

* * * * * 

(d) * * * 

(1) Goods moving in-transit 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 into the United 

States for consumption or warehousing. 

* * * * * 

(4) 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. 

* * * * * 

■ 4. Amend § 30.3 by: 

■ a. Adding an introductory paragraph 

to § 30.3, and adding paragraphs (a)(1) 

through (3), (b)(2)(vi) and a Note to 

(b)(2); 

■ b. Revising the section heading for 

paragraph (a); 

■ c. evising paragraphs (b)(1) and (2), 

(b)(2)(i), (ii), (iv) and (v), (d)(4), (e)(1) 

and (2); and, 

■ d. Removing (e)(1)(i) through (xii), 

removing the Note to paragraph (e)(1), 

removing paragraphs (e)(2)(i) through 

(xv), and removing the Note to 

paragraph (e)(2). 

The revisions and additions read as 

follows: 

§ 30.3 Electronic Export Information filer 

requirements, parties to export 

transactions, and responsibilities of parties 

to export transactions 

All parties that participate in an 

export transaction subject to the FTR 

must comply with the FTR. There are 

two types of export transactions: 

standard and routed. International 

commercial terms, terms of sale, and 

industry or other agreements do not 

determine the type of or parties to the 

export transaction, as they have no 

regulatory basis. A standard export 

transaction is a transaction in which the 

USPPI facilitates the export of goods by 

arranging the physical movement of the 

goods from the United States. A routed 

export transaction is a transaction where 

the FPPI selects a U.S. forwarding or 

other agent to facilitate the export of 

goods from the United States, regardless 

of the terms of sale. 

(a) General filer requirements. (1) The 

filer of EEI for export transactions is 

either the USPPI or the authorized 

agent. If a foreign entity is the USPPI, 

they are prohibited from filing the EEI 

and must authorize an agent to file on 

their behalf. 

(2) The filer shall maintain a physical 

office or residence in the United States; 

be physically located in the United 

States at the time of preparing and filing 

the EEI; and have an EIN or DUNS and 

be certified to report in the AES. If the 

filer does not have an EIN or DUNS, the 

filer must obtain an EIN from the 

Internal Revenue Service. 

(3) All EEI submitted to the AES shall 

be complete, accurate and timely. The 

filer is responsible for ensuring that the 

EEI is complete, accurate, and timely, 

except insofar as that party can 

demonstrate that it reasonably relied on 

information based on personal 

knowledge of the facts and information 

furnished by other responsible persons 

participating in the transaction. All 

parties involved in export transactions, 

including authorized agents, should be 

aware that invoices and other 

commercial documents may not 

necessarily contain all the information 

needed to prepare and file the EEI. 

(b) * * * 

(1) Principal parties in interest. Those 

persons in a transaction that receive the 


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primary benefit, monetary or otherwise, 

are considered principal parties to the 

transaction. Generally, the principal 

parties in interest in a transaction are 

the seller and buyer. In most cases, the 

U.S. forwarding or other agent is not a 

principal party in interest. 

(2) USPPI. For purposes of filing EEI, 

the USPPI is the person in the United 

States that receives the primary benefit, 

monetary or otherwise, from the 

transaction. Below are scenarios where 

the USPPI is identified: 

(i) If a U.S. manufacturer sells the 

goods for export directly to a FPPI, the 

U.S. manufacturer shall be listed as the 

USPPI in the EEI. 

(ii) If a U.S. manufacturer sells goods, 

as a domestic sale, to a U.S. buyer 

(wholesaler/distributor) and that U.S. 

buyer sells the goods for export to a 

FPPI, the U.S. buyer shall be listed as 

the USPPI in the EEI. 

* * * * * 

(iv) If a customs broker or foreign 

person is listed as the importer of record 

when entering goods into the United 

States, the customs broker shall be listed 

as the USPPI in the EEI if the goods are 

being exported without change or 

enhancement in thirty (30) calendar 

days or less of import. After thirty (30) 

calendar days, the warehouse or storage 

facility in possession and with 

knowledge and control of the goods 

when the goods begin their journey to 

the port of export shall be the USPPI. 

Note to paragraph § 30.3(b)(2)(iv) of this 

section: The U.S. Customs and Border 

Protection regulations (19 CFR 111.24) state 

that the import entry records pertaining to 

the business of the clients serviced by the 

customs broker are to be considered 

confidential. When the customs broker 

supports the preparation or filing of the EEI 

with information from the import entry, the 

customs broker must already have written 

authorization from the client to disclose 

confidential information to third parties or 

obtain such authorization in writing from the 

client. 

(v) If a U.S. person admits goods into 

a Foreign Trade Zone (FTZ), then the 

U.S. person shall be the USPPI if the 

goods are subsequently exported 

without change or enhancement. If a 

foreign person admits goods into an 

FTZ, then the FTZ operator shall be the 

USPPI if the goods are subsequently 

exported without change or 

enhancement. 

(vi) If the foreign entity is in the 

United States at the time the goods are 

purchased or obtained for export, the 

foreign entity shall be listed as the 

USPPI. The foreign entity is prohibited 

from filing the EEI; therefore, they must 

authorize an agent to comply with the 

provisions of the FTR. 

* * * * * 

(d) * * * 

* * * * * 

(4) Providing the exporting carrier 

with the proof of filing, postdeparture, 

downtime, exclusion, or exemption 

citations in accordance with provisions 

and requirements contained in this part. 

* * * * * 

(e) * * * 

(1) USPPI responsibilities. In a routed 

export transaction, the FPPI may 

authorize or agree to allow the USPPI to 

prepare and file the EEI. If the FPPI 

agrees to allow the USPPI to file the EEI, 

the FPPI must provide a written 

authorization to the USPPI assuming the 

responsibility for filing. The USPPI may 

authorize an agent to file the EEI on its 

behalf. If the USPPI or its agent prepares 

and files the EEI, it shall retain 

documentation to support the EEI filed. 

If the FPPI agrees to allow the USPPI to 

file EEI, the filing of the export 

transaction shall be treated as a routed 

export transaction. If the FPPI 

authorizes an agent to prepare and file 

the EEI, the USPPI shall retain 

documentation to support the 

information provided to the agent for 

preparing the EEI as specified in § 30.10 

and provide the agent with complete, 

accurate and timely export information 

necessary to prepare and file the EEI as 

set forth in Appendix C. 

(2) Authorized agent responsibilities. 

In a routed export transaction, if an 

authorized agent is preparing and filing 

the EEI on behalf of the FPPI, the 

authorized agent must obtain a power of 

attorney or written authorization from 

the FPPI and shall be responsible for 

preparing and filing complete, accurate 

and timely EEI based on information 

obtained from the USPPI or other parties 

involved in the transaction. The 

authorized agent must file the EEI based 

on export information exactly as 

provided by the USPPI as set forth in 

Appendix C. The authorized agent shall 

retain documentation to support the 

export information reported to the AES, 

as specified in § 30.10 and upon request, 

provide the USPPI with a copy of the 

power of attorney or written 

authorization from the FPPI and the 

data elements filed that the USPPI 

provided as listed in Appendix C, along 

with the authorized agent name, 

authorized agent contact information, 

date of export and ITN. 

* * * * * 

■ 5. Amend § 30.4 by revising 

paragraphs (b)(1) and (4) and (c)(2); 

removing paragraph (b)(5); and adding 

paragraph (f). 

The revisions and additions read as 

follows: 

§ 30.4 Electronic Export Information filing 

procedures, deadlines, and certification 

statements. 

* * * * * 

(b) * * * 

(1) For USML shipments, refer to the 

ITAR (22 CFR 123.22(b)(1)) for specific 

requirements concerning predeparture 

filing time frames. 

* * * * * 

(4) For used self-propelled vehicles as 

defined in 19 CFR 192.1 of U.S. 

Customs and Border Protection 

regulations, the USPPI or the authorized 

agent shall file the EEI as required by 

§ 30.6 and provide the filing citation to 

the CBP at least 72 hours prior to export. 

The filer must also provide the carrier 

with the filing citation as required by 

paragraph (b) of this section. 

(c) * * * 

(2) Pipeline Filing Procedures. USPPIs 

or authorized agents may file data 

elements required by § 30.6 no later 

than four (4) calendar days following 

the end of the month. The operator of 

a pipeline may transport goods to a 

foreign country without the prior filing 

of the proof of filing citation, 

exemption, or exclusion legend, on the 

condition that within four (4) calendar 

days following the end of each calendar 

month the operator will deliver to the 

CBP Port Director the proof of filing 

citation, exemption, or exclusion legend 

covering all exports through the 

pipeline to each ultimate consignee 

during the month. 

* * * * * 

(f) Downtime Procedures. The 

Downtime policy becomes effective 

when the Census Bureau has officially 

notified filers electronically that the 

AES and/or AESDirect are not operating 

and cannot generate ITNs. 

(1) If the filer’s transmission method 

to the AES (e.g., certified software) is 

unavailable, the filer must delay the 

export of the goods or find an available 

alternative filing method (e.g., 

AESDirect, authorized agent). 

(2) Except as noted in § 30.4(f)(3), if 

AES and/or AESDirect is unavailable, 

the goods may be exported and the filer 

must: (A) Provide the appropriate 

downtime citation as described in 

§ 30.7(b) and appendix B; and (B) Report 

the EEI at the first opportunity AES or 

AESDirect is available. 

(3) For export shipments noted in 

§ 30.2(a)(1)(iv), if a filer is unable to 

acquire an ITN because the AES and/or 

AESDirect is not operating, the filer 

shall not export until the AES is 

operating and an ITN is acquired, and 


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the downtime filing citation shall not be 

used. 

* * * * * 

■ 6. Amend § 30.5 by revising 

paragraphs (c)(3)(i)(E) and (F), and (d)(1) 

and (2). The revisions read as follows: 

§ 30.5 Electronic Export Information filing 

processes and standards. 

* * * * * 

(c) * * * 

(3) * * * 

(i) * * * 

(E) The USPPI has failed to comply 

with existing export regulations or has 

failed to pay any outstanding penalties 

assessed in connection with such 

noncompliance; 

(F) The USPPI would pose a 

significant threat to national security 

interests such that its continued 

participation in postdeparture filing 

should be terminated; or 

* * * * * 

(d) * * * 

(1) AESDirect usernames and 

passwords are to be kept secure by the 

account administrator and not disclosed 

to any unauthorized user or any persons 

outside the registered company. 

(2) Registered companies are 

responsible for those persons having a 

username and password. If an employee 

with a username and password leaves 

the company or otherwise is no longer 

an authorized user, the company shall 

immediately deactivate that username 

in the system to ensure the integrity and 

confidentiality of Title 13 data. 

* * * * * 

■ 7. Amend § 30.6 by revising (a)(1), 

(a)(1)(ii) and (iii), (a)(3) and (4), (a)(11) 

and (13), and (b)(2), (4), (6), and (13) to 

read as follows: 

§ 30.6 Electronic Export Information data 

elements. 

* * * * * 

(a) * * * 

(1) USPPI. The person in the United 

States that receives the primary benefit, 

monetary or otherwise, from the export 

transaction. See § 30.3(b)(2) for 

scenarios identifying the USPPI. The 

name, address of origin, identification 

number, and contact information of the 

USPPI shall be reported to the AES as 

follows: 

* * * * * 

(ii) Address of origin. In all EEI 

filings, the USPPI shall report the 

address of origin (no post office box 

number) from which the goods actually 

begin the journey to the port of export 

even if the USPPI does not own/lease 

the facility. For example, the EEI 

covering goods stored in inventory at a 

warehouse in Georgia for transport to 

Florida for loading onto a vessel for 

export to a foreign country shall show 

the address of origin of the warehouse 

in Georgia. For shipments of multiaddresses of origin, reported as a single 

shipment, report the address of origin of 

the commodity with the greatest value. 

If such information is not known, report 

the address of origin where the 

commodities are consolidated for 

export. 

(iii) USPPI identification number. 

Report the Employer Identification 

Number (EIN) of the USPPI. If the USPPI 

has only one EIN, report that EIN. If the 

USPPI has more than one EIN, report 

the EIN that the USPPI uses to report 

employee wages and withholdings, and 

not the EIN used to report only 

company earnings or receipts. Use of 

another company’s EIN is prohibited. If 

a USPPI reports a DUNS, the EIN is also 

required to be reported. If a foreign 

entity is in the United States at the time 

goods are purchased or obtained for 

export, the foreign entity is the USPPI. 

In such situations, when the foreign 

entity does not have an EIN, the 

authorized agent shall report a border 

crossing number, passport number, or 

any number assigned by U.S. Customs 

and Border Protection (CBP) on behalf 

of the foreign entity. The appropriate 

Party ID Type code shall be reported to 

the AES. 

* * * * * 

(3) Ultimate consignee. The ultimate 

consignee is the person located abroad 

as known at the time of export who 

receives the export shipment. The name 

and address of the ultimate consignee, 

whether by sale in the United States or 

abroad or by consignment, shall be 

reported in the EEI. For example, when 

there is knowledge of an end user’s 

name, address and when the end user 

will receive the goods, the end user is 

the ultimate consignee. When the 

foreign buyer is a reseller/distributor 

and the end user’s name and address is 

unknown or there is no knowledge 

when the end user will receive the 

goods from the foreign buyer, e.g., the 

goods are stored in inventory, the 

foreign buyer is the ultimate consignee. 

For goods sold en route, report the 

appropriate ‘‘To be Sold En Route’’ 

indicator in the EEI, and report 

corrected information as soon as it is 

known (see § 30.9 for procedures on 

correcting AES information). 

(4) U.S. state of origin. The U.S. state 

of origin is the 2-character postal code 

for the state in which the goods begin 

their journey to the port of export. For 

example, the EEI covering goods stored 

in inventory at a warehouse in Georgia 

for transport to Florida for loading onto 

a vessel for export to a foreign country 

shall show Georgia as the state of origin. 

For shipments of multi-state origin, 

reported as a single shipment, report the 

U.S. state of the commodity with the 

greatest value. If such information is not 

known, report the state in which the 

commodities are consolidated for 

export. 

* * * * * 

(11) Domestic or foreign indicator. 

Indicates if the goods exported are of 

domestic or foreign origin. Report 

foreign goods as a separate line item 

from domestic goods even if the 

commodity classification number is the 

same. See 30.1(c) for definitions of 

domestic and foreign goods. 

* * * * * 

(13) Commodity description. 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 characteristics of the 

commodity that distinguish it from 

commodities of the same name covered 

by other Schedule B or HTSUSA 

classifications. If the shipment requires 

a license, the description reported in the 

EEI shall conform with that shown on 

the license. If the shipment is eligible 

for a license exception or exemption, 

the description shall be sufficient to 

ensure compliance with that license 

exception or exemption. However, 

where the description on the license 

does not state all of the characteristics 

of the commodity that are needed to 

completely verify the commodity 

classification number, as described in 

this paragraph, report the missing 

characteristics, as well as the 

description shown on the license, in the 

commodity description field of the EEI. 

* * * * * 

(b) * * * 

(2) Intermediate consignee. The name 

and address of the intermediate 

consignee (if any) shall be reported. The 

intermediate consignee is located 

abroad and acts as an agent for the 

principal party in interest or the 

ultimate consignee and takes possession 

of the goods for the purpose of effecting 

delivery of goods to the ultimate 

consignee. The intermediate consignee 

may be a forwarding agent or other 

person abroad who acts as an agent for 

a principal party in interest. 

* * * * * 

(4) Foreign port of unlading. The 

foreign port of unlading is the foreign 


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port in the country where the goods are 

removed from the exporting 

conveyance. The foreign port does not 

have to be located in the country of 

destination. For exports by sea to 

foreign countries, not including Puerto 

Rico, the foreign port of unlading is the 

code in terms of Schedule K, 

Classification of Foreign Ports by 

Geographic Trade Area and Country. 

For exports by sea or air between the 

United States and Puerto Rico, the 

foreign port of unlading is the code in 

terms of Schedule D, Classification of 

CBP Districts and Ports. The foreign port 

of unlading is not required for exports 

by other modes of transportation, 

including rail, truck, mail, fixed 

(pipeline), or air (unless between the 

U.S. and Puerto Rico). 

* * * * * 

(6) Export Control Classification 

Number (ECCN). The number used to 

identify items on the CCL, Supplement 

No. 1 to Part 774 of the EAR. The ECCN 

consists of a set of digits and a letter. 

Items that are not classified under an 

ECCN are designated ‘‘EAR99’’. See 

§ 758.1(g) of the EAR for ECCN reporting 

requirements. 

* * * * * 

(13) Entry number. The entry number 

must be reported when the export meets 

the scenarios of 30.3(b)(2)(iv) and (v) or 

the Domestic or foreign indicator is 

foreign when goods of foreign origin 

enter the United States for consumption 

or warehousing, and then stored in a 

warehouse or storage facility or 

admitted into a FTZ before being 

exported. For goods that are exported 

from a FTZ where inbond types 67 (FTZ 

withdrawal for immediate exportation) 

and 68 (FTZ withdrawal for 

transportation and exportation) are 

selected, the entry number to be 

reported is the two-position year and 

control number derived from the Zone 

Admission Number documented on the 

214/e214 associated with the 

withdrawal. For example, if the Zone 

Admission Number associated with the 

withdrawal is 0987654AB 22 12345678, 

then the entry number to be reported is 

2212345678. If more than one Zone 

Admission Number is associated with 

the export, then report the entry number 

based off the Zone Admission Number 

with the greatest value. For all other 

scenarios where goods are exported after 

entering the United States for 

consumption, or warehousing (entry 

types 36 [warehouse withdrawal for 

immediate exportation] and 37 

[warehouse withdrawal for 

transportation and exportation]), the 11- 

position entry number as identified on 

the CBP–7501 shall be reported. When 

the importer of record on the import 

entry is the customs broker or foreign 

person, the customs broker shall 

provide the entry number to assist in the 

preparation of the EEI (See 15 CFR 

30.3(b)(2) and the Note to paragraph 

§ 30.3(b)(2)(iv)). 

* * * * * 

■ 8. Amend § 30.8 by revising the 

introductory text. 

The revision reads as follows: 

§ 30.8 Time and place for presenting proof 

of filing citations and exemption legends. 

The following conditions govern the 

time and place to present the proof of 

filing, postdeparture, downtime, 

exclusion, or exemption citations. The 

USPPI or the authorized agent is 

required to deliver the proof of filing, 

postdeparture, downtime, exclusion, or 

exemption citations required in § 30.7 to 

the exporting carrier. See Appendix B of 

this part for the properly formatted 

proof of filing, postdeparture, 

downtime, exclusion, or exemption 

citations. Failure of the USPPI or 

authorized agent to comply with these 

requirements constitutes a violation of 

the regulations in this part and renders 

such principal party or the authorized 

agent subject to the penalties provided 

for in Subpart H of this part. 

* * * * * 

■ 9. Amend § 30.10 by revising 

paragraph (a) and adding a Note to 

paragraph (a). 

The revision and addition read as 

follows: 

§ 30.10 Retention of export information 

and the authority to require production of 

documents. 

(a) Retention of export information. 

All parties to the export transaction 

(USPPIs, FPPIs, authorized agents, and/ 

or owners and operators of export 

carriers) shall retain documents 

pertaining to the export shipment for 

five years from the date of export. If the 

Department of State or other regulatory 

agency has recordkeeping requirements 

for exports that exceed the retention 

period specified in this part, then those 

requirements prevail. The USPPI or the 

authorized agent may request a copy of 

the electronic record or submission from 

the Census Bureau as provided for in 

Subpart G of this part. The Census 

Bureau’s retention and maintenance of 

AES records does not relieve filers from 

requirements in § 30.10. 

Note to paragraph (a) of this section: As 

set forth in 30.60(c)(4), the USPPI, the 

authorized agent, or a representative of the 

USPPI shall not disclose the EEI for 

nonofficial purposes to a foreign person or 

foreign government, including the foreign 

entity as the USPPI or the FPPI. For items in 

this section a foreign entity as the USPPI and 

the FPPI shall retain documents pertaining to 

the export shipment as a party to the export 

transaction; however, the EEI shall not be 

disclosed for ‘‘nonofficial purposes,’’ either 

in whole or in part. 

* * * * * 

■ 10. Amend § 30.17 by revising the 

introductory text. 

The revision reads as follows: 

§ 30.17 Customs and Border Protection 

regulations. 

Refer to the DHS’s CBP regulations, 19 

CFR part 192, for information 

referencing the advanced electronic 

submission of cargo information on 

exports for screening and targeting 

purposes pursuant to the Trade Act of 

2002. The regulations also prohibit 

postdeparture filing of export 

information for certain shipments and 

contain other regulatory provisions 

affecting the reporting of EEI. 

§ 30.18(c) [Removed] 

■ 11. Remove § 30.18(c). 

■ 12. Amend § 30.26 by revising 

paragraph (b). 

The revision reads as follows: 

§ 30.26 Reporting of vessels, aircraft, 

cargo vans, and other carriers and 

containers. 

* * * * * 

(b) The country of destination to be 

shown in the EEI for vessels exported 

for sale is the country of new 

ownership. The country for which the 

vessel clears, or the country of registry 

of the vessel, should not be reported as 

the country of destination in the EEI 

unless such country is the country of 

new ownership. 

* * * * * 

■ 13. Amend § 30.29 by revising 

paragraphs (a)(1) and (2). 

The revisions read as follows: 

* * * * * 

(a) * * * 

(1) The return of goods not licensed 

by a U.S. Government agency and not 

subject to the ITAR, temporarily 

imported for repair and alteration, and 

declared as such on importation as 

described in § 30.53 shall have Schedule 

B number 9801.10.0000. The value shall 

only include parts and labor. The value 

of the original product shall not be 

included. If the value of the parts and 

labor is over $2,500, then EEI must be 

filed. 

(2) The return of goods licensed by a 

U.S. Government agency or subject to 

the ITAR, temporarily imported for 

repair or alteration, and declared as 

such on importation as described in 

§ 30.53 shall have Schedule B number 

9801.10.0000. In the value field, report 


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the value of the parts and labor. In the 

license value field, report the value 

designated on the export license that 

corresponds to the commodity being 

exported if required by the licensing 

agency. EEI must be filed regardless of 

value. 

* * * * * 

■ 14. Amend § 30.37 by revising 

paragraph (a). 

The revision reads as follows: 

* * * * * 

(a) Exports of commodities where the 

value of the commodities shipped from 

one USPPI to one ultimate consignee on 

a single exporting conveyance, 

classified under an individual Schedule 

B number or HTSUSA commodity 

classification code is $2,500 or less. 

This exemption applies to individual 

Schedule B numbers or HTSUSA 

commodity classification codes 

regardless of the total shipment value. 

In instances where a shipment contains 

a mixture of individual Schedule B 

numbers or HTSUSA commodity 

classification codes valued at $2,500 or 

less and individual Schedule B numbers 

or HTSUSA commodity classification 

codes valued over $2,500, only those 

Schedule B numbers or HTSUSA 

commodity classification codes valued 

over $2,500 are required to be reported. 

If the filer reports multiple items of the 

same Schedule B number or HTSUSA 

commodity classification code, this 

exemption only applies if the total value 

of exports for the Schedule B number or 

HTSUSA commodity classification code 

is $2,500 or less. Items of domestic and 

foreign origin under the same 

commodity classification number must 

be reported separately and EEI filing is 

required when either is over $2,500. For 

the reporting of household goods see 

§ 30.38. 

* * * * * 

■ 15. Amend § 30.39 by revising the 

introductory text. 

The revision reads as follows: 

§ 30.39 Special exemptions for shipments 

to the U.S. Armed Services. 

Except as noted in § 30.2(a)(1)(iv), 

filing of EEI is not required for any 

commodities, whether shipped 

commercially or through government 

channels, consigned to the U.S. Armed 

Services for their exclusive use, 

including shipments to armed services 

exchange systems. This exemption does 

not apply to articles that are on the 

USML and thus controlled by the ITAR 

and/or shipments that are not consigned 

to the U.S. Armed Services, regardless 

of whether they may be for their 

ultimate and exclusive use. 

* * * * * 

■ 16. Amend § 30.51 by revising the 

introductory text. 

The revision reads as follows: 

§ 30.51 Statistical information required for 

import entries. 

The information required for 

statistical purposes is, in most cases, 

also required by CBP regulations for 

other purposes. Refer to the CBP website 

at cbp.gov to download ‘‘Instructions for 

Preparation of CBP–7501,’’ for 

completing the paper entry summary 

documentation (CBP–7501). Refer to the 

Customs and Trade Automated Interface 

Requirements for instructions on 

submitting an Automated Commercial 

Environment (ACE) Automated Broker 

Interface (ABI) electronic record, or 

instructions for completing CBP–226 for 

declaring any equipment, repair parts, 

materials purchased, or expense for 

repairs incurred outside of the United 

States. 

■ 17. Amend § 30.52 by revising the 

introductory text. 

The revision reads as follows: 

§ 30.52 Foreign Trade Zones (FTZ). 

When goods are withdrawn from a 

FTZ for export to a foreign country, the 

export shall be reported in accordance 

with § 30.2. Foreign goods admitted into 

FTZs shall be reported as a general 

import. Statistical requirements for zone 

admissions are provided to the Census 

Bureau via CBP’s ABI electronic 214 

(e214) program or the CBP Form 214A 

Application for Foreign Trade Zone 

Admission and/or Status Designation. 

Refer to the CBP website at cbp.gov to 

download the ‘‘Foreign Trade Zone 

Manual’’ that includes the CBP Form 

214—Application for FTZ Admission 

(Appendix A) and Instructions for 

filling out the 214 (Appendix B). When 

goods are withdrawn for domestic 

consumption or entry into a bonded 

warehouse, the withdrawal shall be 

reported on CBP 7501 or through the 

ABI in accordance with CBP 

regulations. The instructions and 

definitions for completing the e214 are 

provided in 19 CFR 146. The following 

data items are required to be filed on the 

214A, for statistical purposes: 

* * * * * 

■ 18. Amend § 30.60 by revising 

paragraphs (b)(1)(vii), and (c)(1), (2), and 

(4). 

The revisions read as follows: 

* * * * * 

(b) * * * 

(1) * * * 

(vii) Analyzing the impact of 

proposed and implemented trade 

agreements and fulfilling U.S. 

obligations under such agreements; and 

* * * * * 

(c) * * * 

(1) Any purpose related to the 

collection of domestic or foreign taxes, 

or other fees, except as related to 

paragraph (b)(1)(vi) of this section. 

(2) For export promotion or similar 

types of marketing operations. This 

limitation does not preclude the use of 

the information to monitor compliance 

with agricultural marketing orders and 

export quality compliance programs. 

* * * * * 

(4) To foreign persons or foreign 

governments for any purpose, including 

the foreign entity as the USPPI or the 

FPPI. 

* * * * * 

■ 19. Amend § 30.61 by revising the 

introductory text, and paragraphs (a) 

and (b). 

The revisions read as follows: 

§ 30.61 Statistical classification schedules. 

The following statistical classification 

schedules are referenced in this part. 

These schedules may be accessed 

through the Census Bureau’s website at 

http://www.census.gov/trade. 

(a) Schedule B—Statistical 

Classification for Domestic and Foreign 

Commodities Exported from the United 

States shows the detailed commodity 

classification requirements and 10-digit 

statistical reporting numbers to be used 

in preparing EEI, as required by these 

regulations. 

(b) Harmonized Tariff Schedule of the 

United States shows the 10-digit 

statistical reporting number to be used 

in preparing import entries and 

withdrawal forms. 

* * * * * 

■ 20. Amend § 30.71 by revising 

paragraph (a)(2). The revision reads as 

follows: 

§ 30.71 False or fraudulent reporting on or 

misuse of the Automated Export System. 

(a) * * * 

(2) Furtherance of illegal activities. 

Any person, including USPPIs, 

authorized agents or carriers, who 

knowingly reports, directly or 

indirectly, to the U.S. Government any 

information through or otherwise uses 

the AES to further any illegal activity 

shall be subject to account deactivation, 

a fine not to exceed $10,000, 

imprisonment for not more than five 

years, or any or all of these penalties, for 

each violation. 

* * * * * 

■ 21. Amend § 30.74 by revising 

paragraphs (b)(4) and (d). The revisions 

read as follows: 

(b) * * * 

(4) Any person, including USPPIs, 

authorized agents, or carriers, will not 


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86770 Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Proposed Rules 

be deemed to have made a voluntary 

self-disclosure under this section unless 

the individual making the disclosure 

did so with the full knowledge and 

authorization of senior management. 

The Census Bureau will not accept a 

voluntary self-disclosure from a FPPI or 

legal counsel or other party representing 

a FPPI. 

* * * * * 

(d) Action by the Census Bureau. 

After the Census Bureau has been 

provided with the required narrative, it 

may promptly notify CBP, ICE, and 

BIS’s Office of Export Enforcement 

(OEE) of the voluntary disclosure, 

acknowledge the disclosure by letter, 

provide the person making the 

disclosure with a point of contact, and 

take whatever additional action, 

including further investigation, it deems 

appropriate. As quickly as the facts and 

circumstances of a given case permit, 

the Census Bureau may take any of the 

following actions: (1) Inform the person 

or company making the voluntary selfdisclosure of the action to be taken. (2) 

Issue a letter in response to the 

voluntary self-disclosure. (3) Refer the 

matter, if necessary, to the OEE for the 

appropriate action. 

■ 22. Amend appendix B to part 30 by 

revising the entries for ‘‘X. 

Miscellaneous Exclusion Statements’’ 

and ‘‘XI. Split Shipments’’. The 

revisions read as follows: 

Appendix B to Part 30—AES Filing 

Citation, Exemption and Exclusion 

Legends 

* * * * * 

X. Miscellaneous Exclusion Statements are found in 15 CFR part 30 subpart A § 30.2(d) ........................... NOEEI § 30.2(d) (site corresponding 

number). 

XI. Split Shipments Split Shipments should be referenced as such on the manifest in accordance with provisions contained in § 30.28, Split Shipments. The notation should be easily identifiable on the manifest. 

It is preferable to include a reference to a split shipment in the exemption statements cited in the example, the notation SS should be included at the end of the appropriate exemption statement.

AES ITN SS. 

Example: AES X20170101987654 

SS. 

■ 23. Add Appendix C to part 30 to 

include the data elements that the 

USPPI and authorized agent are 

responsible for in a routed export 

transaction. 

Appendix C to Part 30—Required Data 

Elements—Routed Export Transactions 

Data elements provided by the USPPI 30.3(e)(1) Data elements provided 

by the authorized agent 30.3(e)(2) 

(A) Name, address of origin, contact name and contact phone of the 

USPPI [30.6(a)(1)].

(A) Date of export [30.6(a)(2)]. 

(B) USPPI identification number [30.6(a)(1)] ........................................... (B) Ultimate consignee [30.6(a)(3)]. 

(C) U.S. State of origin [30.6(a)(4)] .......................................................... (C) Ultimate consignee type [30.6(a)(28)]. 

(D) Domestic or foreign indicator [30.6(a)(11)] ........................................ (D) Country of ultimate destination [30.6(a)(5)]. 

(E) Commodity classification number [30.6(a)(12)] .................................. (E) Method of transportation [30.6(a)(6)]. 

(F) Commodity description [30.6(a)(13)] .................................................. (F) Conveyance name/carrier name [30.6(a)(7)]. 

(G) Primary unit of measure [30.6(a)(14)] ................................................ (G) Carrier identification [30.6(a)(8)]. 

(H) Primary quantity [30.6(a)(15)] ............................................................ (H) Port of export [30.6(a)(9)]. 

(I) Value [30.6(a)(17)] ............................................................................... (I) Related party indicator [30.6(a)(10)]. 

(J) Export information code [30.6(a)(18)] ................................................. (J) Shipping weight [30.6(a)(16)]. 

(K) Hazardous material indicator [30.6(a)(21)] ......................................... (K) Shipment Reference Number [30.6(a)(19)]. 

(L) Inbond code [30.6(a)(22)] ................................................................... (L) License code/license exemption code [30.6(a)(23)]. 

(M) License code/license exemption code [30.6(a)(23)] .......................... (M) Routed export transaction indicator [30.6(a)(24)]. 

(N) FTZ identifier, if applicable. [30.6(b)(3)] ............................................. (N) Filing option indicator [30.6(a)(27)]. 

(O) Export license number/CFR citation/KPC number, if applicable. 

[30.6(b)(5)].

(O) Authorized agent and authorized agent identification [30.6(b)(1)]. 

(P) Export Control Classification Number (ECCN), if applicable. 

[30.6(b)(6)].

(P) Intermediate consignee, if applicable. [30.6(b)(2)]. 

(Q) Secondary units of measure, if applicable. [30.6(b)(7)] ..................... (Q) Foreign port of unlading, if applicable. [30.6(b)(4)]. 

(R) Secondary quantity, if applicable. [30.6(b)(8)] ................................... (R) Export license number/CFR citation/KPC number, if applicable. 

[30.6(b)(5)]. 

(S) Vehicle Identification Number (VIN)/Product ID, if applicable. 

[30.6(b)(9)].

(S) Transportation Reference Number, if applicable. [30.6(b)(14)]. 

(T) Vehicle ID qualifier, if applicable. [30.6(b)(10)] .................................. (T) License value, if applicable. [30.6(b)(15)]. 

(U) Vehicle title number, if applicable. [30.6(b)(11)].

(V) Vehicle title state code, if applicable. [30.6(b)(12)].

(W) Entry number, if applicable. [30.6(b)(13)].

(X) License value, if applicable. [30.6(b)(15)].

(Y) Kimberley Process Certificate (KPC) number, if applicable. 

[30.6(b)(17)].

Note to Appendix C: For the License code/ 

license exemption code, Export license 

number/CFR citation/KPC number, Export 

Control Classification Number (ECCN), and 

License value where the FPPI has assumed 

responsibility for determining and obtaining 

license authority see requirements set forth 

in 15 CFR 758.3 of the EAR. When accessing 

routed export transactions reported on the 

EEI in AES, the USPPI will be limited to only 

viewing in an AES report in ACE the data 

elements in Appendix C, Date of export, Filer 

ID, the ITN, and any approved system 

generated data elements. 

* * * * * 

Dated: October 17, 2024. 

Shannon Wink, 

Program Analyst, Policy Coordination Office, 

U.S. Census Bureau. 

[FR Doc. 2024–24482 Filed 10–30–24; 8:45 am] 

BILLING CODE 3510–07–P 


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