83 FR 47129 - Proposed Information Collection; Comment Request; Automated Export System Program

DEPARTMENT OF COMMERCE
Census Bureau

Federal Register Volume 83, Issue 181 (September 18, 2018)

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)]
[Notices]
[Pages 47129-47130]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20205]



[[Page 47129]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Census Bureau


Proposed Information Collection; Comment Request; Automated 
Export System Program

AGENCY: U.S. Census Bureau, Commerce.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to take this opportunity to comment on 
proposed and/or continuing information collections, as required by the 
Paperwork Reduction Act of 1995.

DATES: To ensure consideration, written comments must be submitted on 
or before November 19, 2018.

ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th 
and Constitution Avenue NW, Washington, DC 20230 (or via the internet 
at [email protected]).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument(s) and instructions 
should be directed to Kiesha Downs, Chief, Trade Regulations Branch, 
U.S. Census Bureau, 4600 Silver Hill Road, Washington, DC 20233-6700, 
(301) 763-7079, by fax (301) 763-8835 or by email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Abstract

    The Automated Export System (AES) or successor system is the 
instrument used for collecting export trade information from parties 
exporting goods from the United States. The U.S. Census Bureau compiles 
data collected through the AES and these data are the basis for the 
official U.S. goods export trade statistics. These statistics are used 
to determine the balance of international trade and are also designated 
for use as a principal federal economic indicator. Title 13, United 
States Code (U.S.C.), Chapter 9, Section 301 authorizes the U.S. Census 
Bureau to collect, compile and publish export trade data. Title 15, 
Code of Federal Regulations, Part 30, contains the regulatory 
provisions for preparing and filing the AES record in accordance to the 
Foreign Trade Regulations (FTR). These data are used in the development 
of U.S. Government policies that affect the economy. These data also 
enable U.S. businesses to develop practical export marketing strategies 
as well as provide a means for the assessment of the impact of exports 
on the domestic economy. In addition to being used in the development 
of U.S. government economic and foreign trade policies, these data are 
also used for export control, to detect and prevent the export of 
certain items by unauthorized parties or to unauthorized destinations 
or end users.
    The FTR was amended on April 19, 2017, through the issuance of a 
Final Rule, ``Clarification on Filing Requirements,'' to make changes 
related to the implementation of the International Trade Data System 
(ITDS), in accordance with the Executive Order 13659, Streamlining the 
Export/Import Process for American Businesses. The ITDS was established 
by the Security and Accountability for Every (SAFE) Port Act of 2006. 
The ITDS is an electronic information exchange capability, or ``single 
window,'' through which businesses transmit the data required by 
participating agencies for the importation or exportation of cargo. 
This rule added the original Internal Transaction Number (ITN) data 
element in the AES. The Original ITN field is an optional field that 
may be utilized if the filer has to create an additional AES record for 
a shipment that was previously filed. The Original ITN field assists 
the export trade community and enforcement agencies in identifying that 
a filer completed the mandatory filing requirements for the original 
shipment. In doing so, this may decrease the issuance of unnecessary 
penalties for these types of shipments. Overall, these changes did not 
impact the reporting burden of the export trade community.
    The FTR was also amended on April 24, 2018, through the issuance of 
a Final Rule, ``Clarification on the Collection and Confidentiality of 
Kimberley Process Certificates,'' to clarify that the data collected 
from the Kimberley Process Certificates (KPCs) are collected in 
compliance with the Clean Diamond Trade Act. In addition, this Rule 
clarified the submission requirements and permissible uses of the KPCs. 
However, these changes did not impact the reporting burden of the 
export trade community.
    Currently, the Census Bureau is drafting a Notice of Proposed 
Rulemaking (NPRM) to clarify the responsibilities of parties 
participating in routed and standard export transactions. This rule 
also proposes to revise and add several key terms used in the 
regulatory provision of these transactions, including authorized agent, 
forwarding agent, standard export transaction and written release. 
While revisions to the FTR are necessary to improve clarity to the 
filing requirements for the routed export transaction, it is critical 
for the Census Bureau to ensure that any revisions made to the FTR will 
allow for the continued collection and compilation of accurate trade 
statistics. Additionally, it is important that the responsibilities of 
the U.S. Principal Party in Interest (USPPI) and the U.S. authorized 
agent are clearly defined to ensure that the Electronic Export 
Information is filed by the appropriate party to prevent receiving 
duplicate filings or in some cases, no filings. The changes proposed in 
the NPRM will not have an impact on the reporting burden of the export 
trade community.

II. Method of Collection

    Except as noted in Title 15 CFR, Part 30, Section 30.2(a)(1)(iv), 
an electronic AES record is required for all export shipments valued 
more than $2,500 per Schedule B number from the United States, 
including Foreign Trade Zones located therein, Puerto Rico, and the 
U.S. Virgin Islands to foreign countries; for exports between the 
United States and Puerto Rico; and for exports to the U.S. Virgin 
Islands from the United States or Puerto Rico. Additionally, an AES 
record is required for the export of rough diamonds, used self-
propelled vehicles and all exports requiring an export license from any 
other government agency or license exemption from the Department of 
State, regardless of value. An AES record is also required for exports 
with certain license exceptions from the Bureau of Industry and 
Security. The AES program is unique among Census Bureau statistical 
collections since it is not sent to respondents to solicit responses, 
as is the case with surveys. Filing export information via the AES is a 
mandatory process under Title 13 U.S.C., Chapter 9, Section 301. The 
export trade community can access the AES via a free internet-based 
system, AESDirect, or they can use software that connects directly with 
the U.S. CBP Automated Commercial Environment (ACE).
    For exports to Canada, a Memorandum of Understanding (MOU) signed 
by CBP, Canada Border Services Agency, Statistics Canada, and the U.S. 
Census Bureau enables the United States to substitute Canadian import 
statistics for U.S. export statistics. Similarly, in accordance with 
the MOU, Canada substitutes U.S. import statistics for Canadian exports 
to the United States. This exchange of data eliminates the requirement 
for the export trade community to file the Electronic Export

[[Page 47130]]

Information (EEI) with the U.S. government for the majority of export 
shipments to Canada, thus resulting in the elimination of over eight 
million AES records annually. Export shipments to Canada of rough 
diamonds, used vehicles, or those that require a license must be filed 
through the AES. In addition, export shipments from the United States 
through Canada destined to a country other than Canada require an AES 
record.
    In most instances, the USPPI or authorized agent must file EEI via 
the AES and annotate the commercial loading documents with the proof of 
filing citation prior to the export of a shipment. In instances where 
the AES filing is not required, the proper exemption or exclusion 
legend must be noted on the commercial loading documents per Section 
30.7 of the FTR.
    CBP is currently conducting pilots to test the functionality 
regarding the filing of export manifests for air, rail, and ocean cargo 
to the ACE. These pilots will further the ITDS initiatives set forth in 
the SAFE Port Act of 2006 and Executive Order 13659. It is CBP's intent 
to move export manifesting from the current paper-based system to an 
electronic system over the next several years. 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 also appear in the electronic manifest submitted to 
CBP. Since filers use many variations to annotate commercial loading 
documents, the Census Bureau, CBP, and the trade community developed 
guidance to ensure that a standard format is reported in the electronic 
manifest. This information was published in FTR Letter #10 titled 
Annotating the Electronic Manifest for U.S. Customs and Border 
Protection.
    The AES enables the U.S. government to significantly improve the 
quality, timeliness, and coverage of export statistics. Since July 
1995, the Census Bureau and the CBP have utilized the AES to improve 
the reporting of export trade information, customer service, increase 
compliance with and enforcement of export laws, and to provide 
paperless reports of export information. The AES also enables the U.S. 
government to increase its ability to prevent the export of certain 
items by unauthorized parties to unauthorized destinations and end 
users through electronic filing.

III. Data

    OMB Control Number: 0607-0152.
    Form Number(s): Automated Export System (AES) submissions.
    Type of Review: Regular submission.
    Affected Public: Exporters, Forwarding agents, Export Carriers.
    Estimated Number of Respondents: 287,314 filers who submit 
17,315,950 shipments annually through the AES.
    Estimated Time per Response: 3 minutes per AES submission.
    Estimated Total Annual Burden Hours: 865,798.
    Estimated Total Annual Cost to Public: $15,688,260.
    Respondent's Obligation: Mandatory.
    Legal Authority: Title 13 United States Code, Chapter 9, Section 
301.

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for Office of Management and Budget 
approval of this information collection; they also will become a matter 
of public record.

Sheleen Dumas,
Departmental Lead PRA Officer, Office of the Chief Information Officer.
[FR Doc. 2018-20205 Filed 9-17-18; 8:45 am]
BILLING CODE 3510-07-P