FTR  Letter  No.  10

 

MEMORANDUM  FOR:    U.S. Customs and Border Protection Headquarters, Directors of Field Operations, Port Directors, Foreign Trade Zone Operators,

                                               U.S. Departments of Commerce District Offices, U.S. Principal Parties in Interest, Freight Forwarders, Exporting Carriers,

                                               Consolidators, U.S. Customs Brokers, and All Others Concerned U.S. Census Bureau and U.S. Customs and Border Protection

 

From:                                    U.S. Census Bureau and U.S. Customs and Border Protection

 

Subject:                                 Annotating the Electronic Manifest for U.S. Customs and Border Protection

 

 

This letter is to provide guidance on the appropriate annotations to be used when submitting export manifest data electronically. As many of you are aware, U.S. Customs and Border Protection (CBP) is conducting pilots to test the functionality regarding the filing of export manifest data for air rail, and ocean cargo to the Automated Commercial Environment (ACE). These pilots will further the International Trade Data Systems (ITDS) initiatives set forth in section 405 of the Security and Accountability for Every Port Act of 2006 and Executive Order 13659 of February 19, 2014, Streamlining the Export/lmpofl Process for America's Businesses. It is CBP's intent to move export manifesting from the current paper-based system to an electronic system over the next several years.

The Foreign Trade Regulations (FTR), sections 30.7 and 30.45, require evidence of the proof of filing, post departure filing citation, AES downtime citation, exemption or exclusion legend on the bill of lading, air waybill, or other commercial loading documents. These annotations must also appear in the electronic manifest submitted to CBP. Since filers use many variations to annotate loading documents (i.e. NOEEI 30.37(a), No EEI 30.37(A), etc.), the Census Bureau, CBP and the trade have developed guidance to ensure that a standard format is reported in the electronic manifest. On June 2, 2018 the codes in the chart are the only acceptable codes to be used in the electronic manifests. You must submit the code exactly as it appears in the chart. For filers who are submitting paper manifests, the current annotation identified in the FTR remains appropriate. Since the bill of lading and air waybill are paper documents, the codes identified in the chart may be preceded with AES (i.e. AES 37A) for clarity purposes if the current annotation (i.e. NOEEI 30.37(a)) is not used.

If you have questions regarding this letter or the FTR, please contact the Trade Regulations Branch at 1-800-549-0595, Option 3, or e-mail itmd.askregs@census.gov.

CBP Descriptions

Annotation for

Electronic Manifest

AES Proof of Filing Citation (Internal Transaction Number)

X20180101987654

AES Postdeparture Citation - USPPI (PDF USPPI EIN)

PDF12345678900

AES Postdeparture Citation - Agent (PDF USPPI EIN-Filer ID)

PDF12345678900-234567890

AES Downtime Citation—Use only when AES or AESDirect is unavailable (AED Filer ID mm/dd/yyyy)

AED123456789 01/01/2018

Exemptions

 

30.36 — Exemption for shipments destined to Canada.

36A

30.37(a) —Exemption for commodities where the value of the commodities shipped from one USPPI to one consignee on a single exporting conveyance classified under an individual Schedule B Number or HTSUSA commodity classification code is $2,500 or less. Exports of commodities where the value of the commodities shipped from one USPPI to one 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.

Note: this exemption does not apply to the export of vehicles. The export information for vehicles must be filed in AES regardless of value or country of destination.

37A

30.37(b) — Exemption for tools of trade and their containers that are usual and reasonable kinds and quantities of commodities and software intended for use by individual USPPIs or by employees or representatives of the exporting company in furthering the enterprises and undertakings of the USPPI abroad. Commodities and software eligible for this exemption are those that do not require an export license or that are exported as tools of the trade under a license exception of the EAR (15 CFR 740.9), and are subject to the following rovisions:

37B

 

 

(l) Are owned by the individual USPPI or exporting company.

(2)           Accompany the individual USPPI, employee, or representative of the exporting company.

(3)           Are necessary and appropriate and intended for the personal and/or business use of the individual USPPI, employee, or representative of the company or business.

(4)           Are not for sale.

(5)           Are returned to the United States no later than one (l) year from the date of export.

(6)           Are not shipped under a bill of lading or an air waybill.

 

30.37(c) — Exemption for shipments from one point in the United States to another point in the United States by routes passing through Canada or Mexico.

37C

30.37(d) — Exemption for shipments from one point in Canada and Mexico to another point in the same country by routes throu h the United States.

37D

30.37(f) — Exemption for exports of technology and software as defined in 15 CFR 772 of the EAR that do not require an expon license are exempt from filing requirements.

37F

30.37(g) — Exemption for shipments of books, maps, charts, pamphlets, and similar articles to foreign libraries, government establishments, or similar institutions.

37G

30.37(h) — Exemption for shipments as authorized under License Exception GFT for gift parcels and humanitarian donations as (15 CFR and (b)).

37H

30.37(i) — Exemption for shipments of diplomatic pouches and their contents.

37I

30.370) — Exemption for shipments of human remains and accompanying appropriate receptacles and flowers.

37J

30.37(k) — Exemption for shipments of interplant correspondence, executed invoices and other documents, and other shipments of company business records from a U S. firm to its subsidiary or affiliate. This excludes highly technical lans, corres ndence, etc. that could be licensed.

37K

30.37(1) — Exemption for shipments of pets as baggage, accompanied or unaccompanied, of persons leaving the United States, including members of crews on vessels and aircraft.

37L

30.37(m) — Exemption for carrier's stores, not shipped under a bill of lading or an air waybill (including goods carried in ships aboard carriers for sale to passengers), supplies and equipment for departing vessels, planes, or other carriers, including usual and reasonable kinds and quantities of bunker fuel, deck engine and steward department stores, provisions and supplies, medicinal and surgical supplies, food stores, slop chest articles, and saloon stores or supplies for use or consumption on board and not intended for unlading in a foreign country, and includin usual and reasonable kinds and uantities of

37M

 

equipment and spare parts for permanent use on the carrier when necessary for proper operation of such carrier and not intended for unlading in a foreign country. Hay, straw, feed, and other appurtenances necessary to the care and feeding of livestock while en route to a foreign destination are considered part of carriers' stores of carrying vessels, trains, planes, etc.

 

30.37(n) Exemption for dunnage not shipped under a bill of lading or an air waybill, of usual and reasonable kinds and quantities necessary and appropriate to stow or secure cargo on the outgoing or any immediate return voyage of an exporting carrier, when exported solely for use as dunnage and not intended for unladin in a forei coun

37N

30.37(0) — Exemption for shipments of aircraft parts and equipment; food, saloon, slop chest, and related stores; and provisions and supplies for use on aircraft by a U.S. airline to its own installations, aircraft, and agents abroad, under EAR License Exception AVS for aircraft and vessels (see 15 CFR 740.150).

370

30.37(p) — Exemption for baggage and personal effects, accompanied or unaccompanied, of persons leaving the United States including members of crews on vessels and aircraft, when they are not shipped as cargo under a bill of lading or an air waybill or other commercial loading documents and do not require an export license.

37P

30.37(q) — Exemption for temporary exports, except those that require licensing, whether shipped or hand carried, (e.g., carnet) that are exported from and returned to the United States in less than one ear (12 months) from the date of ex ort.

37Q

30.37(r) — Exemption for goods previously imported under a Temporary Import Bond for return in the same condition as when imported including: goods for testing, experimentation, or demonstration; goods imported for exhibition; samples and models imported for review or for taking orders; goods imported for participation in races or contests, and animals imported for breeding or exhibition; and goods imported for use by representatives of foreign governments or international organizations or by members of the armed forces of a foreign country. Goods that were imported under bond for processing and reex ortation are not covered b this exem tion.

37R

30.37(s) — Exemption for shipments of issued banknotes and securities and coins in circulation exported as evidence of financial claims.

37S

30.37(t) — Exemption for shipments of documents used in international transactions, documents moving out of the United States to facilitate international transactions including airline tickets, internal revenue stamps, liquor stamps, and advertising literature.

37T

 

30.37(u) — Exemption for exports of technical data and defense service exemptions as defined in 22 CFR 123.22(b)(3)(iii) of the ITAR.

37U

30.37(v) — Exemption for vessels, locomotives, aircraft, rail cars, trucks, other vehicles, trailers, pallets, cargo vans, lift vans, or similar shipping containers not considered "shipped" in terms of the regulations in this part, when they are moving, either loaded or empty, without transfer of ownership or title, in their capacity as carriers of goods or as instruments of such carriers.

37V

30.37(w) — Exemption for shipments to Army Post Office, Diplomatic Post Offic, Fleet Post Office.

37W

30.37(x) — Exemption for shipments exported under license exception BAG.

37X

30.37(y)(1) —Shipments of published books, software, maps, charts, pamphlets, or any other similar media available for general distribution, as described in 15 CFR 734.7 to foreign libraries, or similar institutions, destined to Country Group E: 1 and E:2 as set forth in Su lement No. I to 15 CFR art 740.

XYI

30.37(y)(2) —Shipments to U.S. government agencies and employees that are lawfully exported under License Exception GOV (15 CFR  or (ii)) valued at $2500 or less per Schedule B Number, destined to Country Group E: I and E:2 as set forth in Su lement No. 1 to 15 CFR art 740.

XY2

30.37(y)(3) —Personal effects as described in 15 CFR being lawfully exported under License Exception BAG (15 CFR 740.14), destined to Country Group E: I and E:2 as set forth in Su lement No. 1 to 15 CFR art 740.

XY3

30.37(y)(4) —Individual gift parcels and humanitarian donations being lawfully exported under License Exception GFT (15 CFR 740.12(a) and (b)), destined to Country Group E: I and E:2 as set forth in Su lement No. 1 to 15 CFR art 740.

XY4

30.37(y)(5) —Vessels and aircraft lawfully leaving the United States for temporary sojourn to or in a Country Group E: I or E:2 country under License Exception AVS (15 CFR 740.15), destined to Country Group E: 1 and E:2 as set forth in Supplement No. 1 to 15 CFR part 740.

XY5

30.37(y)(6) —Tools of trade that will be used by a person traveling to a Country Group E: 1 or E:2 destination, that will be returned to the United States within one year and that are lawfully being exported to a Country Group E: 1 or E:2 destination under License Exception BAG (15 CFR 740.14) or License Exc tion TMP (15 CFR 740.9(a

XY6

30.39 — Exemption for shipments to the U.S. Armed Services.

39X

30.40(a) — Exemption for office furniture, office equipment, and office supplies shipped to and for the exclusive use of U S. government offices.

40A

 

30.40(b) — Exemption for household goods and personal property shipped to and for the exclusive and personal use of U.S. government employees.

40B

30.40(c) — Exemption for food, medicines, and related items and other commissary supplies shipped to U.S. government offices or employees for the exclusive use of such employees, or to U.S. government employee cooperatives or other associations for subsequent sale or other distribution to such em loyees.

40C

Exclusions

 

30.2(d)(1) — Exclusion for goods shipped under CBP bond through the United States, Puerto Rico, or the U.S. Virgin Islands from one foreign country or area to another where such goods do not enter the consumption channels of the United States.

2D1

30.2(d)(2) — Exclusion for goods shipped from the U.S.

territories (except for Puerto Rico and U.S. Virgin Islands), and goods shipped between the United States and these territories.

2D2

30.2(d)(3) — Exclusion for electronic transmissions and intangible transfers.

2D3

30.2(d)(4) — Exclusion for 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.

2D4

30.2(d)(5) — Exclusion for goods licensed by a U.S. federal government agency where the country of ultimate destination is the United States or goods destined to international waters where the person(s) or entity assuming control of the item(s) is a citizen or permanent resident alien of the United States or a juridical entity organized under the laws of the United States or a jurisdiction within the United States.

2D5