80 FR 27853 - Foreign Trade Regulations (FTR): Reinstatement of Exemptions Related to Temporary Exports, Carnets, and Shipments Under a Temporary Import Bond

DEPARTMENT OF COMMERCE
Bureau of the Census

Federal Register Volume 80, Issue 94 (May 15, 2015)

The Bureau of the Census (Census Bureau) issued a final rule amending the Foreign Trade Regulations (FTR) to eliminate the reporting requirement for temporary exports, which includes Carnets, and goods previously imported on a Temporary Import Bond (TIB). This final rule is being implemented to ensure consistency with the Customs Convention on the ATA Carnet for the Temporary Admission of Goods (ATA Convention) and reduce filing burden on the trade community. On September 12, 2014, the Census Bureau published this rule on an interim final basis. The Census Bureau is finalizing this rule without change.

[Federal Register Volume 80, Number 94 (Friday, May 15, 2015)]
[Rules and Regulations]
[Pages 27853-27854]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11809]


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DEPARTMENT OF COMMERCE

Bureau of the Census

15 CFR Part 30

[Docket Number: 140821699-5179-02]
RIN 0607-AA53


Foreign Trade Regulations (FTR): Reinstatement of Exemptions 
Related to Temporary Exports, Carnets, and Shipments Under a Temporary 
Import Bond

AGENCY: Bureau of the Census, Commerce Department.

ACTION: Final rule.

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SUMMARY: The Bureau of the Census (Census Bureau) issued a final rule 
amending the Foreign Trade Regulations (FTR) to eliminate the reporting 
requirement for temporary exports, which includes Carnets, and goods 
previously imported on a Temporary Import Bond (TIB). This final rule 
is being implemented to ensure consistency with the Customs Convention 
on the ATA Carnet for the Temporary Admission of Goods (ATA Convention) 
and reduce filing burden on the trade community. On September 12, 2014, 
the Census Bureau published this rule on an interim final basis. The 
Census Bureau is finalizing this rule without change.

DATES: Effective Date: This rule is effective May 15, 2015. The interim 
rule published on September 12, 2014 (79 FR 54588), became effective 
September 12, 2014.

FOR FURTHER INFORMATION CONTACT: Dale C. Kelly, Chief, International 
Trade Management Division, U.S. Census Bureau, 4600 Silver Hill Road, 
Room 6K032, Washington, DC 20233-6700, by phone (301) 763-6937, by fax 
(301) 763-8835, or by email <[email protected]>.

SUPPLEMENTARY INFORMATION:

Background

    The Census Bureau is responsible for collecting, compiling, and 
publishing export trade statistics for the United States under the 
provisions of Title 13, United States Code (U.S.C.), Chapter 9, Section 
301(a). The Automated Export System (AES) is the primary instrument 
used for collecting export trade data, which are used by the Census 
Bureau

[[Page 27854]]

for statistical purposes. Through the AES, the Census Bureau collects 
Electronic Export Information (EEI), the electronic equivalent of the 
export data formerly collected on the Shipper's Export Declaration, 
pursuant to the Foreign Trade Regulations (FTR), Title 15, Code of 
Federal Regulations (CFR), part 30. Filing in the AES is not required 
for shipments excluded in Section 30.2(d) and shipments exempted in 
Subpart D that are not subject to Section 30.2(a)(1)(iv).
    The Census Bureau published a Final Rule in the Federal Register on 
March 14, 2013 (78 FR 16366), that removed the exemptions for Carnets 
and other temporary exports and goods previously imported under a 
Temporary Import Bond (TIB) exported in the same condition. The 
Department of the Treasury and members of the trade community raised 
concerns about the new AES filing requirement for Carnets, which is an 
international customs and temporary export-import document that is used 
to clear customs without paying duties and import taxes on merchandise 
that will be reexported within 12 months. The concerns centered on 
whether mandatory AES filing for Carnets may be contrary to the ATA 
Convention, to which the U.S. is a contracting party. In addition, 
there was concern that unless the exemptions were reinstated, it would 
be extremely difficult to comply with the FTR, particularly for goods 
moving on a foreign Carnet. To address these concerns, the Census 
Bureau and U.S. Customs and Border Protection (CBP) determined it was 
necessary to reinstate the exemptions from filing for temporary 
exports, including Carnets, and goods that were previously imported 
under a TIB for return in the same condition as when exported.
    In accordance with the Interim Final Rule published on September 
12, 2014, this rule clarifies that the reporting requirement for 
temporary exports, which includes Carnets, and goods previously 
imported on a TIB is eliminated. This revision reinstates exemptions 
for temporary exports/Carnets and for goods that were imported under a 
TIB for return in the same condition as when imported. The U.S. 
Department of State and the U.S. Department of Homeland Security concur 
with the provision contained in this rule.

Summary of Comments and Responses

    The Census Bureau received one comment on the Interim Final Rule 
published in the Federal Register on September 12, 2014 (79 FR 54588). 
A summary of the comment and the Census Bureau's response is provided 
below.
    Comment: Clarify if exporters are required to file Electronic 
Export Information (EEI) if items are shipped into the U.S. under a 
foreign obtained ATA Carnet, and then re-exported, never returning to 
the U.S. Additionally, clarify if exporters are required to file EEI if 
items are exported under a U.S. obtained ATA Carnet and will be 
returned within 12 months under the same Carnet.
    Response: The Census Bureau clarifies here that reporting of EEI is 
not required for exports moving under either a U.S. or foreign issued 
Carnets. All Carnet shipments are exempt from EEI filing under Foreign 
Trade Regulations, Section 30.37(q) or (r).

Rulemaking Requirements

Administrative Procedure Act

    The Census Bureau finds good cause pursuant to Title 5, U.S.C., 
553(b)(3)(B) to waive prior notice and opportunity for public comment, 
as contrary to the public interest. The Census Bureau is undertaking 
this amendment in order to reduce filing burden on the trade community 
and to ensure consistency with the ATA Carnets for the Temporary 
Admission of Goods (ATA Convention). In particular, this rule 
reinstates the previous filing exemptions in Sec.  30.37(q) and (r) of 
the FTR for temporary exports, including Carnets, and goods that were 
imported under a TIB for return in the same condition as when imported, 
which will ensure consistency with the ATA Convention, reduce filing 
requirements, avoid confusion, and ease compliance with the FTR. 
Additionally, and for similar reasons, the Census Bureau finds good 
cause pursuant to 5 U.S.C. 553(d) to waive the 30-day delay in 
effectiveness for this rule. This rule allows for an exemption to the 
AES filing requirements and imposes no additional requirements or 
obligations on any member of the public; therefore, delaying its 
effectiveness is unnecessary.

Regulatory Flexibility Act

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this rule will not have a significant impact 
on a substantial number of small entities.
    The purpose and goal of this rule are explained in the preamble, 
and are not repeated here. This rule does not mandate any new filing 
requirements and does not directly impact any small or large entities. 
We received no comments on the certification in the proposed rule; 
accordingly, no Regulatory Flexibility analysis is required and none 
has been prepared.

Executive Orders

    This rule has been determined to be not significant for purposes of 
Executive Orders 12866 and 13563, and has been drafted according to the 
requirements of those Executive Orders. It has also been determined 
that this rule does not contain policies with federalism implications 
as that term is defined under Executive Order 13132.

Paperwork Reduction Act

    This rule does not contain any information collection subject to 
the Paperwork Reduction Act (PRA). However, notwithstanding any other 
provision 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 PRA, unless that 
collection of information displays a current and valid Office of 
Management and Budget (OMB) control number.

List of Subjects in 15 CFR Part 30

    Economic statistics, Exports, Foreign trade, Reporting and 
recordkeeping requirements.

PART 30--FOREIGN TRADE REGULATIONS

0
Accordingly, as discussed above, the Interim Final Rule amending 15 CFR 
part 30, which was published at 79 FR 54588 on September 12, 2014, is 
adopted as a final rule without change.

    Dated: May 7, 2015.
John H. Thompson,
Director, Bureau of the Census.
[FR Doc. 2015-11809 Filed 5-14-15; 8:45 am]
 BILLING CODE 3510-07-P