15 C.F.R. Subpart D—Exemptions from the Requirements for the Filing of Shipper's Export Declarations
Title 15 - Commerce and Foreign Trade
Except as provided below, where an exemption from the requirement for the filing of a Shipper's Export Declaration is provided in this subpart, a notation describing the basis for the exemption shall be made on the bill of lading, air waybill, or other loading document for carrier use, with a reference to the number of the section in this part where the particular exemption is provided so that the carrier at the time of lading, and the CBP Director at the time of exportation, may verify that no declaration is required. If none of the above named documents is used, the person transporting the merchandise must be prepared to identify to the CBP Director at the port of exportation, at the time of exportation but prior to departure, any merchandise which is exempt from the requirement for the filing of a Shippers' Export Declaration and explain to the CBP Director the basis for the exemption. Where shipments are exempt from the requirement for Shipper's Export Declarations on the basis of value and destination, the appearance of the value and destination on the bill of lading, air waybill, or other loading document for carrier use, shall be acceptable as evidence of the exemption, and no reference need be made to the particular section of these regulations where the exemption is provided. Except as provided below in this subpart, Shipper's Export Declarations are required for exports by or to U.S. Government agencies, whether or not shipped on a Government bill of lading. No general exemption is provided for Government shipments, as such. Shipper's Export Declarations are not required for the following types of shipments to the U.S. armed services: (a) All 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 shipments which are for the ultimate use of the U.S. armed services but which are not consigned to the U.S. armed services. However, special exceptions to the requirements of these regulations which may in some circumstances apply to shipments for the ultimate use of the U.S. armed services but not so consigned are provided in §30.37.) (b) Department of Defense Military Assistance Program Grant-Aid shipments being transported as Department of Defense cargo under the provisions of CBP Circular Letters VES–5–MA, March 8, 1954, (MC 133), VES–5–MA, June 17, 1954 (MC 133 S.1), VES–5–MA, May 24, 1956 (MC 133 S.2) and RES–20–MC, January 25, 1960 (CC 76). Under arrangements with the Department of Defense, information on these shipments for inclusion in U.S. export statistics will be furnished directly to the Bureau of the Census by the Department of Defense. This exception from the filing of Shipper's Export Declarations does not apply to Military Assistance Program Grant-Aid shipments to which a foreign government has taken title before exportation or to any Grant-Aid Military-Aid Program shipment moving in any manner other than as Department of Defense cargo. (See §30.37 for possible exceptions to the full reporting requirements of §30.7 for certain military sales shipments not exempt from the requirement for the Shipper's Export Declaration.) Shipper's Export Declarations are not required for the following types of shipments to U.S. Government agencies and employees: (a) Office furniture, office equipment, and office supplies shipped to and for the exclusive use of U.S. Government offices. (b) Household goods and personal property shipped to and for the exclusive and personal use of U.S. Government employees. (c) 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 cooperative or other associations for subsequent sale or other distribution to such employees. (d) Books, maps, charts, pamphlets, and similar articles shipped by U.S. Government offices to U.S. or foreign libraries, government establishments or similar institutions. (e) All commodities shipped to and for the exclusive use of the Panama Canal Zone Government or the Panama Canal Company.
Title 15: Commerce and Foreign Trade
PART 30—FOREIGN TRADE STATISTICS
Subpart D—Exemptions from the Requirements for the Filing of Shipper's Export Declarations
§ 30.50 Procedure for shipments exempt from the requirements for Shipper's Export Declarations.
§ 30.51 Government shipments not generally exempt.
§ 30.52 Special exemptions for shipments to the U.S. armed services.
§ 30.53 Special exemptions for certain shipments to U.S. Government agencies and employees.
§ 30.54 [Reserved]
§ 30.55 Miscellaneous exemptions.
Shipper's Export Declarations are not required for the following kinds of shipments:
(a) Diplomatic pouches and their contents.
(b) Human remains and accompanying appropriate receptacles and flowers.
(c) Shipments from one point in the United States to another thereof by routes passing through Mexico.
(d) Shipments from one point in Mexico to another point thereof by routes through the United States.
(e) Shipments, other than by vessel, or merchandise for which no validated export licenses are required, transported in bond through the United States, and exported from another U.S. port, or transshipped and exported directly from the port of arrival.
(f) Shipments to foreign libraries, government establishments, or similar institutions, as provided in §30.53(d).
(g) Shipments of single gift parcels as authorized by the Bureau of Industry and Security under License Exception GFT, see 15 CFR 740.12 of the EAR.
(h) Except as noted in paragraph (h)(2) of this section exports of commodities where the value of the commodities, shipped from one exporter to one consignee on a single exporting carrier, classified under an individual Schedule B number, is $2,500 or less.
(1) This exemption applies to individual Schedule B commodity numbers regardless of the total shipment value. In instances where a shipment contains a mixture of individual Schedule B commodity numbers valued $2,500 or less and individual Schedule B commodity numbers valued over $2,500, only those commodity numbers valued $2,500 or more need be reported on a Shipper's Export Declaration or AES record.
(2) This exemption does not apply to exports:
(i) Destined for Cuba, Iran, Iraq, Libya, North Korea, Serbia (excluding Kosovo), Sudan and Syria.
(ii) Requiring a Department of Commerce license (15 CFR Parts 730 through 774 of the EAR).
(iii) Requiring a Department of State, Office of Defense Trade Controls export license under the International Traffic In Arms Regulations (ITAR) (22 CFR Parts 120 through 130).
(iv) Subject to the ITAR but exempt from license requirements.
(v) Requiring a Department of Justice, Drug Enforcement Administration export permit (21 CFR Part 1312). This exemption shall be conditioned upon the filing of such reports as the Bureau of the Census shall periodically require to compile statistics on $2,500 and under shipments.
(vi) Classified as rough diamonds under 6-digit Harmonized System subheadings 7102.10, 7102.21, and 7102.31, regardless of value.
(i) 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.
(j) Shipments of pets as baggage, accompanied or unaccompanied, of persons leaving the United States, including members of crews on vessels and aircraft.
(k) Shipments for use in connection with NASA tracking systems under Office of Export Administration Project License DL–5355–S.
(l) Shipments of aircraft parts and equipment, and food, saloon, slop chest, and related stores, provisions, and supplies for use on aircraft, by a U.S. airline to its own installations, aircraft, and agents abroad, under Department of Commerce, Office of Export Administration General License RCS.
(m) Shipments for use in connection with NOAA operations under the Office of Export Administration General License G-NOAA.
(n) Exports of technology and software as defined in 15 CFR Part 772 of the EAR that do not require an export license, except that an SED or AES record is required for mass market software. For purposes of the FTSR, mass market software is defined as software that is generally available to the public by being sold at retail selling points, or directly from the software developer or supplier, by means of over the counter transactions, mail order transactions, telephone transactions, or electronic mail order transactions, and designed for installation by the user without further substantial technical support by the developer or supplier.
(o) Intangible exports of software and technology, such as downloaded software and technical data, including technology and software that requires an export license and mass market software exported electronically.
[41 FR 9134, Mar. 3, 1976, as amended at 47 FR 7214, Feb. 18, 1982; 55 FR 21187, May 23, 1990; 55 FR 49615, Nov. 30, 1990; 63 FR 45697, Aug. 27, 1998; 65 FR 42564, July 10, 2000; 68 FR 59879, Oct. 20, 2003]
§ 30.56 Conditional exemptions.
Shipper's Export Declarations are not required for the following classes of commodities when they are not shipped as cargo under a bill of lading or an air waybill and do not require a validated export license, but the exporter should be prepared to make oral declaration to the CBP Director, if required:
(a) Baggage and personal effects, accompanied or unaccompanied, of persons leaving the United States, including members of crews on vessels and aircraft, such as:
(1) Usual and reasonable kinds and quantities of wearing apparel, articles of personal adornment, toilet articles, medicinal supplies, food, souvenirs, games, and similar personal effects and their containers.
(2) Usual and reasonable kinds and quantities of furniture, household effects, household furnishings, and their containers.
(3) Usual and reasonable kinds and quantities of vehicles, such as passenger cars, station wagons, trucks, trailers, motorcycles, bicycles, tricycles, perambulators, and their containers.
Provided, That the above-indicated baggage and personal effects (i) shall include only such articles as are owned by such person or members of his immediate family; (ii) shall be in his possession at the time of or prior to his departure from the United States for the foreign country; (iii) are necessary and appropriate for the use of such person or his immediate family; (iv) are intended for his use or the use of his immediate family; and (v) are not intended for sale.
(b) Tools of trade are usual and reasonable kinds and quantities of commodities and software, and their containers, that are intended for use by individual exporters or by employees or representatives of the exporting company in furthering the enterprises and undertakings of the exporter abroad. Commodities and software eligible for this exemption are those that do not normally require an export license or that are exported without a license as specified in 15 CFR 740.9 of the EAR (15 CFR chapter VII, subchapter C) and are subject to the following provisions:
(1) Are owned by the individual exporter or exporting company;
(2) Accompany the individual exporter, employee or representative of the exporting company;
(3) Are necessary and appropriate and intended for the personal and/or business use of the individual exporter, employee or representative of the company or business;
(4) Are not for sale; and
(5) Are returned to the United States no later than one year from the date of export.
(c) Carriers' stores (including merchandise 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 including usual and reasonable kinds and quantities of 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 enroute to a foreign destination are considered part of carriers' stores of carrying vessels, trains, planes, etc.
(d) Dunnage 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 unlading in a foreign country.
[41 FR 9134, Mar. 3, 1976, as amended at 62 FR 49437, Sept. 22, 1997]
§ 30.57 Information on export declarations for shipments of types of goods covered by §30.56 not conditionally exempt.
(a) In those cases where Shipper's Export Declarations are required for articles enumerated in §30.56 (a) through (d) only by virtue of their being shipped under a bill of lading or an air waybill (no validated license is required) the export declaration should clearly show in the column for commodity description, in lieu of the complete commodity description a statement that the shipment consists of baggage, personal effects, household effects, ship's stores, crew's effects, or as appropriate. In such cases, Schedule B commodity numbers should not be shown on the declarations.
(b) In those cases where the articles enumerated in §30.56 (a) through (d) require a validated export license (whether or not shipped under a bill of lading or an air waybill) the Shipper's Export Declaration must identify the shipment as baggage, personal effects, etc., and must contain all the information normally required for any exportation made under a validated export license, i.e., complete commodity description, license number, Schedule B number, quantity, value, etc.
§ 30.58 Exemption for shipments from the United States to Canada.
(a) Except as noted in paragraph (c) of this section, shipments originating in the United States where the country of ultimate destination (see §30.7(i)) is Canada are exempt from the Shipper's Export Declaration requirements of this part. This exemption also applies to shipments from one point in the United States or Canada to another point thereof by routes passing through the other country.
(b) The Harbor Maintenance Fee applies to shipments by vessel exempt from Shipper's Export Declaration requirements by virtue of being destined to Canada.
(c) This exemption does not apply to the following shipments: (The Bureau of the Census also reserves the right to reinstate the Shipper's Export Declaration requirements of this part in specific instances for the purpose of ensuring statistical accuracy.)
(1) Requiring a Department of Commerce license.
(2) Requiring a Department of State, Office of Defense Trade Controls, export license under the International Traffic in Arms Regulations (ITAR–22 CFR parts 121–130).
(3) Subject to the ITAR but exempt from license requirements.
(4) Requiring a Department of Justice, Drug Enforcement Administration, export declaration (21 CFR part 1313).
(5) For storage in Canada but ultimately destined for third countries, the specific country of destination being unknown at the time of export to Canada (see §30.39 for reporting requirements).
(6) Shipments of rough diamonds exported (reexported) to Canada for use or consumption in Canada.
(7) For all exports of items subject to the EAR (15 CFR Parts 730 through 799) that will be transhipped through Canada to a third destination, that would require an SED, AES record, or Commerce license if shipped directly to the final destination from the United States (see §30.55(h)(2), including exports of items subject to the EAR that will be transhipped through Canada to Cuba, Iran, Iraq, Libya, North Korea, Serbia (excluding Kosovo), Sudan, and Syria.
[55 FR 49615, Nov. 30, 1990, as amended at 65 FR 42564, July 10, 2000; 68 FR 59879, Oct. 20, 2003]
Browse Previous | Browse Next
