Transcript Today’s Topics - DFA of California

DFA & SCTC 2013 Annual Conference
Joe. A. Cortez
U.S. Census Bureau
Foreign Trade Division
Today’s Topics
•
Background/Primary Responsibilities of the
Foreign Trade Division (FTD)
• Electronic Export Information (EEI)
Rewrite of Foreign Trade Regulations Timeline
of Events
• Comments Received
• Highlighted Changes
• Outreach Efforts
•
Background
Primary Responsibilities of the
Foreign Trade Division
1. Collect, compile, and disseminate the official
merchandise trade statistics for the United States
2. Issue the regulations governing the reporting of all
export shipments from the United States
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Foreign Trade Regulations
(FTR)
Purpose and Why it Matters
• Facilitate Export Activities
• Balance of Trade Statistics
• Data Used to Identify New Trade Opportunities
• Ensure Fair Trade Opportunities for American Businesses
• Trade Data Influences U.S. Foreign and Domestic Policy
4
Export Related Regulations
Census Bureau
Foreign Trade Regulations (FTR)
15 CFR, Part 30
Bureau of Industry and Security (BIS)
Export Administration Regulations (EAR)
15 CFR, Parts 700 - 799
Customs and Border Protection (CBP)
Customs Regulations
Title 19 CFR, Parts 1 – 199
State Department
International Traffic in Arms Regulations (ITAR)
Title 22 CFR, Parts 120 – 130
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When is an EEI Record Required?
(FTR 30.2)
An EEI record must be filed for exports of physical
goods when shipped as follows:
•
•
•
•
•
•
U.S.  foreign countries
U.S.  U.S. Virgin Islands
Puerto Rico  foreign countries
Puerto Rico  U.S. Virgin Islands
U.S.  Puerto Rico
Licensable commodities
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U.S. Principal Party in Interest
(FTR 30.3)
The U.S. Principal Party in Interest is the:
• U.S. Person or Entity
• Primary Benefactor (Monetary, or Otherwise)
• Foreign Entity (if in the U.S. at time goods are purchased or
obtained for export)
Generally that Person can be the:
•
•
•
•
U.S. Seller: (Wholesaler or Distributor)
U.S. Manufacturer
U.S. Order Party
U.S. Customs Broker
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What is a Shipment?
(FTR 30.1)
Tip: The One Rule
•
•
•
•
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ONE USPPI shipping their merchandise, to
ONE Foreign consignee, on
ONE Carrier moving the product out of the U.S., on
ONE day, with
Value over $2,500 per Schedule B number or license is required
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Two Types of Transactions
(FTR 30.3)
Export Transaction (Standard):
• USPPI files the EEI record or authorizes a U.S.
forwarder, or other agent to file the EEI.
Routed Export Transaction:
• Foreign principal party in interest (FPPI) authorizes
a U.S. forwarder, other agent or USPPI to file the
EEI.
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Filing Time Frames
USML Shipments
Non- USML Shipments
[FTR 30.4 (b)(1)] & [22 CFR 123.22(b)]
[FTR 30.4 (b)(2)]
24 hours prior to vessel departure
24 hours prior to loading
8 hours prior to truck departure
1 hour prior to truck arriving at U.S. border
8 hours prior to scheduled departure time
2 hours prior to scheduled departure time
24 hours prior to train departure
2 hours prior to train arriving at U.S. border
Refer to 22 CFR 123.24
2 hours prior to export
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Delegation of Authority
(FTR 30.73)
Bureau of Industry and Security’s
Office of Export Enforcement
Customs and Border Protection
U.S. Immigration and Customs Enforcement
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FTR Changes and Corrections
Notice of Proposed Rulemaking (NPR) published in the
Federal Register on January 21, 2011
Public comment period ended on March 22, 2011
Final Rule published in the Federal Register
Implementation of Final Rule
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Comments Received
Comment Analysis
• Total Comments: 185
• Unique topics/issues: 22
o Postdeparture Comments: 68
• Responses to comments from
trade groups, companies,
agencies, and individuals: 53
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Highlighted Changes
Postdeparture Filing
Household Goods
Used Self-Propelled Vehicles
Port of Export
International Waters
Additional Data Elements and Definitions
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Postdeparture Filing
[FTR 30.5]
Current
• Postdeparture filing time frame - from 10
calendar days to 5 calendar days
• The moratorium on new applications will
continue
Future
• The Census Bureau and Customs and Border
Protection will implement an alternate pilot
program
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Household Goods
[FTR 30.1]
New Definition
• Usual and reasonable kinds and quantities of
personal property necessary and appropriate for
use by the USPPI in the USPPI’s dwelling in a foreign
country that are shipped under a bill of lading or an
air waybill and are not intended for sale
Reporting
• Limited reporting can only be used for shipping
household goods when the USPPI is the ultimate
consignee
16
Used Self-Propelled Vehicles
[FTR 30.2(a)(1)(iv)(H) & 30.4(b)(5)]
Must be filed in the AES regardless of value or
country of destination
• Vehicle shipments to Canada MUST be filed
Must be filed 72 hours
prior to export
17
Port of Export
[FTR 30.6(a)(9)]
The port of export for shipments by overland
transportation is where the goods cross the
border
Note: This includes transshipments through Canada or Mexico
18
Split Shipments
[FTR 30.28]
New Definition
• A shipment booked for export that is divided by the
carrier in two or more shipments from the same
port within 24 hours
Split shipments apply to all
modes of transportation
19
Exclusions
[FTR 30.2(d)]
New Exclusion
1. AES filing is not required for licensed goods where the
country of ultimate destination is the United States
2. Goods destined to international waters where the person(s)
or entity assuming control of the item(s) is a U.S. citizen or
permanent resident alien of the United States [30.2(d)(5)]
The exclusion legend is required to be
reported on commercial loading documents
20
New Exemptions
[FTR 30.37]
The following exemptions were added:
• Exports of technical data and defense service exemptions as
defined in 22 CFR 123.22 (b)(3)(iii) are exempt from the EEI
filing requirements [30.37(u)]
• Reporting vessels, aircraft, cargo vans, and other carriers and
containers when shipping as tools of international trade
[30.37(v)]
• Shipments to Army Post Office, Diplomatic Post Office, Fleet
Post Office [30.37(w)]
• Shipments exported under License Exception BAG [30.37(x)]
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New Exemptions Continued…
[FTR 30.37(y)]
Specific types of shipments destined for a
country listed in Country Group E:1 [30.37(y)]
1. Shipments of published books, software, maps, charts, pamphlets, or
any other similar media available for general distribution
2. Shipments to U.S. government entities under License Exception GOV
3. Personal effects under License Exception BAG
4. Individual gift under License Exception GFT
5. Vessels and aircraft leaving the U.S. for a temporary sojourn under
License Exception AVS
6. Tools of the trade under License Exception BAG or TMP
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Exemptions Removed
[FTR 30.37]
The following exemptions were deleted:
• In-bond (in-transit) shipments [30.37(e)]
• Goods previously imported under a Temporary Import Bond
for return in the same condition as when imported [30.37(r)]
• Temporary exports [30.37(q)]
Temporary shipments of goods valued over $2,500 per
Schedule B or that fall under 30.2(a)(1)(iv) must be filed
in the AES
• Report the appropriate export information code for
temporary goods such as “TE” and “TP”
23
International Waters
[FTR 30.6]
Definition
• Waters located outside the U.S. territorial sea, which extends 12
nautical miles measured from the baselines of the United States, and
outside the territory of any foreign country, including the territorial
water thereof. Note that vessels, platforms, buoys, undersea systems,
and other similar structures that are located in international waters,
but are attached permanently or temporarily to a country’s
continental shelf, are considered to be within the territory of that
country.
Licensable Shipments
• The person designated on the export license must be reported as the
ultimate consignee
License Exceptions/Non-licensable Shipments
• Report the nationality of the person(s) or entity assuming control of
the item(s) subject to the EAR [30.6(a)(5)(i)]
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Data Elements Added
[FTR 30.6]
License Value
Ultimate Consignee Type
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•
•
•
Direct Consumer
Government Entity
Reseller
Other/Unkown
25
New Definitions
[FTR 30.1]
The following definitions were added:
• Commercial loading document
• Diplomatic pouch
• Electronic CBP Form 214 Admissions (e214)
• Filer ID
• Foreign port of unlading
• Household goods
• International waters
• Issued banknote
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New Definitions Continued…
[FTR 30.1]
The following definitions were added:
• Kimberely Process Certificate (KPC)
• Mass-market software
• Non Vessel Operating Common Carrier (NVOCC)
• Shipping documents
• Transshipment
• Value
• Voluntary Self-Disclosure (VSD)
27
Proposed Changes Not
Implemented
Data Elements
• Country of Origin
• Address of License Applicant
• End User
• Equipment Number
• Seal Number
Elimination of reporting requirement for
exclusion legend
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Foreign Trade Division - Outreach
• AES Compliance Seminars and
Workshops
• Also offered in Spanish
• Company Training
• AES Compliance Review Program
• Port Visits
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Training Tools
• Export training videos
• Webinars
• Global Reach Blog
http://globalreach.blogs.census.gov
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FTD Training Tools
• AES Newsletters
• TradeSource
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Training Tools
• Export training videos
• Webinars
• Global Reach Blog
http://globalreach.blogs.census.gov
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FTD Training Tools
• AES Newsletters
• TradeSource
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Outreach & Education
• AES Compliance Seminars 2013
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April 10-11
May 15-16
June 5-6
September 9-10
October 9-10
October 23-24
November 6-7
December 4-5
Norfolk, VA
Chicago, IL
Seattle, WA
Orlando, FL
Milwaukee, WI
Boston, MA
Dallas, TX
Savannah, GA
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For More Information
Regulations, Outreach and Education Branch
Branch Chief:
Joe A. Cortez
[email protected]
301-763-1413
Phone:
Fax:
Email:
Website:
Blog:
1-800-549-0595 (Option 3)
301-763-8835
[email protected]
www.census.gov/trade
http://globalreach.blogs.census.gov/
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Resources
FTD Call Center: 800-549-0595
•Option 1 – AES Assistance
•Option 2 – Commodity Classification Assistance
•Option 3 – Regulations Assistance
•Option 4 – Data Dissemination Branch
Secure Fax:
301-763-8835
E-mail: [email protected] or [email protected]
FTD Website: www.census.gov/trade
FTD Blog: blogs.census.gov/globalreach/