15 C.F.R. Subpart H—General Administrative Provisions
Title 15 - Commerce and Foreign Trade
Source: 41 FR 9134, Mar. 3, 1976, unless otherwise noted. Redesignated at 64 FR 40977, July 28, 1999.
The contents of the statistical copies of import entries and withdrawals on file with the Bureau of the Census are treated as confidential and will not be released without authorization by the Bureau of Customs and Border Protection, in accordance with the policy set forth in 19 CFR 103.4 (CBP Regulations) relating to the copies on file in CBP offices. (a) Confidential status. The Shipper's Export Declaration is an official Department of Commerce form, prescribed jointly by the Bureau of the Census and the Bureau of Industry and Security. Information required thereon is confidential, whether filed electronically or in any other approved format, for use solely for official purposes authorized by the Secretary of Commerce. Use for unauthorized purposes is not permitted. Information required on the Shipper's Export Declarations may not be disclosed to anyone except the exporter or his agent by those having possession of or access to any copy for official purposes, except as provided in paragraph (e) of this section. (b) Copying of information to manifests not permitted. Since certain types of information from the outward manifests of ocean carriers can be made public under the provisions of the CBP Regulations, carriers are not permitted to copy information to manifests (or to bills of lading used in lieu of a listing of cargo on a manifest) from Shipper's Export Declarations in their possession for official purposes, except for (1) the bill of lading number on the declaration, (2) information on the declaration which is identical with bills of lading or other sources of information available to the carrier, and (3) items of information which are required by Export Administration Regulations to be identical or consistent on both documents. (c) Supplying of copies by exporters for unofficial purposes not permitted. The regulations in this part spell out precise definitions to be followed in reporting information on Shipper's Export Declarations. Strict adherence to these definitions is necessary if the official purposes for which the forms are required are to be effectively accomplished. Because of the possibility that for other purposes different definitions would be appropriate, the supplying by exporters of any copies (or of the information from copies) for any unofficial purpose is considered detrimental to official objectives and is not permitted. (d) Limitations on issuance and reproduction of copies. Consistent with the policy stated in paragraph (c) of this section, and with the confidential status of the document generally, the following limitations are placed upon the issuance of copies to exporters or their agents: (1) A copy of a Shipper's Export Declaration may be supplied to exporters or their agents only when such a copy is needed by the exporter to comply with: (i) Official requirements for presentation of a copy to the exporting carrier as authorization for export, (ii) export control requirements, or (iii) U.S. Department of Agriculture requirements for proof of export in connection with subsidy payments. Copies issued to exporters or their agents under paragraph (d)(1) (ii) or (iii) of this section will be stamped as follows by the CBP Director:
Certified pursuant to the Export Administration Regulations or to fulfill the requirements of a Federal Agency and not for any other purpose. May not be reproduced in any form. (2) Use of copies of the Shipper's Export Declaration in connection with claims for exemption from internal revenue taxes or state taxes is not permitted. (e) Determination by the Secretary of Commerce. When the Secretary of Commerce or delegate determines that the withholding of information provided by an individual Shipper's Export Declaration is contrary to the national interest, the Secretary or delegate may make such information available, taking such safeguards and precautions to limit dissemination as deemed appropriate under the circumstances. In recommendations regarding such actions, the Bureau of the Census will, in general, consider that it is not contrary to the national interest to withhold information on Shipper's Export Declarations from private individuals or businesses (except the exporter or the agent of the exporter) or from state or local government agencies or officials, regardless of the purposes for which the information may be requested. In recommendations regarding any other requests for access to official copies, a judgment in the light of circumstances will be made as to whether it is contrary to the national interest to apply the exemption, keeping in view that the maintenance of confidentiality has in itself an important element of national interest. (13 U.S.C.302; and 5 U.S.C. 301; Reorg. Plan No. 5 of 1950, Department of Commerce Organization Order No. 35–2A, August 4, 1975, 40 FR 42765) [41 FR 9134, Mar. 3, 1976, as amended at 47 FR 7213, Feb. 18, 1982; 48 FR 52701, Nov. 22, 1983; 64 FR 40981, July 28, 1999] The following statistical classification schedules referred to in the regulations in this part are hereby incorporated by reference. Information as to where copies may be obtained is indicated. Copies are available for public inspection at the offices of local CBP Directors and Department of Commerce District Offices.
TSUSA—Tariff Schedules of the United States Annotated for Statistical Reporting, as currently revised, shows the 7-digit statistical reporting number to be used in preparing import entries and withdrawal forms. TSUSA may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, local CBP Directors, or Department of Commerce District Offices located in principal cities. Purchase price includes the basic schedule plus revisions as currently issued for an indefinite period. Schedule B—Statistical Classification of Domestic and Foreign Commodities Exported from the United States, as currently revised, shows the detailed commodity classification requirements and 7-digit statistical reporting numbers to be used in preparing Shipper's Export Declarations, as required by these regulations. Schedule B may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, local CBP Directors, or Department of Commerce District Offices located in principal cities. Purchase price includes the basic schedules and supplements issued irregularly, covering revision in the schedule for an indefinite period. Schedule C-E—Classification of Country and Territory Designations for U.S. Export Statistics. Free from the Bureau of the Census, Washington, D.C. 20233. Schedule C-I—Classification of Country and Territory Designations for U.S. Import Statistics. Free from the Bureau of the Census, Washington, D.C. 20233. Schedule D—Classification of CBP Districts and Ports. Free from the Bureau of the Census, Washington, D.C. 20233. (13 U.S.C. 302; 5 U.S.C. 301; Reorganization Plan No. 5 of 1950; Department of Commerce Organization Order No. 35–2A, Aug. 4, 1975, 40 FR 42765) [41 FR 9134, Mar. 3, 1976, as amended at 42 FR 59840, Nov. 22, 1977; 43 FR 56031, Nov. 30, 1978; 44 FR 1971, Jan. 9, 1979] In individual cases of emergency, where strict enforcement of the regulations in this part would create undue hardship, the Foreign Trade Division of the Bureau of the Census, with the concurrence of the Office of Export Administration in cases where export control requirements are also involved, may authorize such postponements of or exceptions to the requirements of the regulation in this part as are warranted by the circumstances and not inconsistent with the aims of this chapter. Instructions of a continuing nature to CBP with respect to the forwarding of statistical copies of forms and the preparation of special statistical reports not involving requirements upon the public will not be included in the regulations in this part, but will, instead be transmitted to CBP through appropriate administrative channels. (a) Exports (reexports) of rough diamonds. The Clean Diamond Trade Act, section 8(c), authorizes the Bureau of Customs and Border Protection (CBP) and the Bureau of Immigration and Customs Enforcement (BICE), as appropriate, to enforce the laws and regulations governing exports of rough diamonds, including with respect to the validation of the Kimberley Process Certificate by the exporting authority. The Treasury Department's Office of Foreign Assets Control (OFAC) also has enforcement authority pursuant to section 5(a) of the Clean Diamond Trade Act (the Act), Executive Order 13312, and the Rough Diamonds Control Regulations (31 CFR part 592). The CBP, the BICE, and OFAC, pursuant to section 5(a) of the Act, are further authorized to enforce provisions of section 8(a) of the Act that provide for the following civil and criminal penalties: (1) A civil penalty not to exceed $10,000 may be imposed on any person who violates, or attempts to violate, any order or regulation issued under the Act. (2) A criminal penalty not to exceed $50,000, or; (i) If a natural person, imprisonment for not more than 10 years, or both, may be imposed for willful violation of any license, order, or regulation issued under the Act. (ii) If a corporation, imprisonment for not more than 10 years, or both may be imposed on any officer, director, or agent of the corporation for willful violation of any license, order, or regulation issued under the Act. (b) Exports of other than rough diamonds. Any person who violates any provisions of this part, except for violations of the provisions relating to delayed filing of documents under bond as provided by §30.24 and violations of section 8 of Public Law 108–19, the Clean Diamond Trade Act, shall be liable to the United States in an amount not exceeding $1,000 for each violation, as authorized by section 305, chapter 9, title 13 U.S.C. [68 FR 59879, Oct. 20, 2003] (a) Purpose. This subpart will comply with the requirements of section 3507(f) of the Paperwork Reduction Act (PRA) which requires that agencies display a current control number assigned by the Director of OMB for each agency information collection requirement. (b) Display. [48 FR 56744, Dec. 23, 1983] The first requirement for participation in AES is a Letter of Intent. The Letter of Intent is a written statement of a company's desire to participate in the AES. It must set forth a commitment to develop, maintain, and adhere to CBP and Census performance requirements and operations standards. Once the letter of intent is received, a CBP Client Representative and U.S. Census Bureau Client Representative will be assigned to the company. Census will forward additional information to prepare the company for participation in AES. A. Letters of Intent should be on company letterhead and must include: 1. Company Name, Address (no P.O. Boxes), City, State, Postal Code 2. Company Contact Person, Phone Number, Fax Number, E-mail Address 3. Technical Contact Person, Phone Number, Fax Number, E-mail Address 4. Corporate Office Address, City, State, Postal Code 5. Computer Site Location Address, City, State, Postal Code (Where transmissions will be initiated) 6. Type of Business—USPPI, Freight Forwarder/Broker, Ocean Carrier, Software Vendor, Service Center, etc. (Indicate all that apply) (i) Freight Forwarders/Brokers, indicate the number of USPPIs for whom you file export information (SEDs) (ii) USPPIs, indicate whether you are applying for AES Option 2 or Option 4 7. U.S. Ports of Export Currently Utilized 8. Average Monthly Volume of Export Shipments (Monthly SED volume) 9. Average Monthly Value of Export Shipments (Monthly SED volume) 10. Filer Code—EIN, SSN or SCAC (Indicate all that apply) 11. Software Vendor Name, Contact, and Phone Number (if using vendor provided software) 12. Look-a-Like Remote to Copy (as provided by vendor) 13. Modes of Transportation used for export shipments (Air, Vessel, Truck, Rail, etc.) 14. Types of Merchandise exported 15. Types of Licenses or Permits 16. Anticipated Implementation Date B. The following self-certification statement, signed by an officer of the company, must be included in your letter of intent: “We (COMPANY NAME) certify that all statements made and all information provided herein are true and correct. I understand that civil and criminal penalties, including forfeiture and sale, may be imposed for making false or fraudulent statements herein, failing to provide the requested information or for violation of U.S. laws on exportation (13 U.S.C. 305; 22 U.S.C. 401; 18 U.S.C. 1001; 50 U.S.C. App. 2410).” C. The AES Option 4 privilege allows a USPPI to submit complete data at any time prior to or after exportation provided complete data are submitted within 10 working days after exportation. Participants will be reviewed by several government agencies prior to acceptance into the Option 4 program. D. Send AES or Option 4 Letter of Intent to: Chief, Foreign Trade Division, U.S. Census Bureau, Washington, DC 20233 or the copy can be faxed to: 301–457–1159. [64 FR 40981, July 28, 1999, as amended at 68 FR 42543, July 17, 2003] Part I—Method of Transportation Codes 10 Sea 11 Sea Containerized 12 Sea (Barge) 20 Rail 21 Rail Containerized 30 Truck 31 Truck Containerized 32 Auto 33 Pedestrian 34 Road, Other 40 Air 41 Air Containerized 50 Mail 60 Passenger, Hand Carried 70 Fixed Transport (Pipeline and Powerhouse) Part II—Export Information Codes LC Shipments valued $2,500 or less per classification number that are required to be reported TP Temporary exports of domestic merchandise IP Shipments of merchandise imported under a Temporary Import Bond for further manufacturing or processing IR Shipments of merchandise imported under a Temporary Import Bond for repair DB Drawback CH Shipments of goods donated for charity FS Foreign Military Sales OS All other exports HV Shipments of personally owned vehicles HH Household and personal effects SR Ship's stores TE Temporary exports to be returned to the United States TL Merchandise leased for less than a year IS Shipments of merchandise imported under a Temporary Import Bond for return in the same condition CR Shipments moving under a carnet GP U.S. government shipments LV Shipments valued $2,500 or less that are not required to be reported SS Carriers' stores for use on the carrier MS Shipments consigned to the U.S. Armed Forces GS Shipments to U.S. government agencies for their use DP Diplomatic pouches HR Human remains UG Gift parcels under Bureau of Industry and Security License Exception GFT IC Interplant correspondence SC Instruments of international trade DD Other exemptions: Currency Airline tickets Bank notes Internal revenue stamps State liquor stamps Advertising literature Shipments of temporary imports by foreign entities for their use RJ Inadmissible merchandise (For Manifest Use Only by AES Carriers) RP Shipment information filed through Census Bureau's AERP AE Shipment information filed through AES ZD Duty deferred shipments filed via AES FI Impelled foreign military sales CI Impelled goods donated for charity OI All other impelled exports (See §§30.50 through 30.58 for information on filing exemptions.) Part III—License Codes Department of Commerce, Bureau of Industry and Security (BIS) Licenses C30 BIS Licenses C31 SCL C32 NLR (CCL/NS Column 2) C33 NLR (All Others) C34 Future Use C35 LVS C36 GBS C37 CIV C38 TSR C39 CTP C40 TMP C41 RPL C42 GOV C43 GFT C44 TSU C45 BAG C46 AVS C47 APR C48 KMI C49 TAPS C50 ENC C51 AGR Nuclear Regulatory Commission (NRC) Codes N01 NRC Form 250/250A N02 NRC General License Department of State, Directorate of Defense Trade Controls (DDTC) Codes SAG Agreements S00 License Exemption Citation S05 DSP–5 S61 DSP–61 S73 DSP–73 S85 DSP–85 S94 DSP–94 Department of Treasury, Office of Foreign Assets Control (OFAC) Codes T10 OFAC Specific License T11 OFAC General License Other License Types OPA Other Partnership Agency Licenses not listed above SCA Canadian ITAR Exemption For export license exemptions under International Traffic in Arms Regulations, refer to 22 CFR, Parts 120–130 of the ITAR for the list of export license exemptions. Part IV—In-Bond Codes 70 Not-In-Bond 36 Warehouse Withdrawal for Immediate Exportation 37 Warehouse Withdrawal for Transportation and Exportation 67 Immediate Exportation from a Foreign Trade Zone 68 Transportation and Exportation from a Foreign Trade Zone [64 FR 40982, July 28, 1999, as amended at 68 FR 42543, July 17, 2003]
Title 15: Commerce and Foreign Trade
PART 30—FOREIGN TRADE STATISTICS
Subpart H—General Administrative Provisions
§ 30.90 Confidential information, import entries and withdrawals.
§ 30.91 Confidential information, Shipper's Export Declarations.
§ 30.92 Statistical classification schedules.
§ 30.93 Emergency exceptions.
§ 30.94 Instructions to CBP.
§ 30.95 Penalties for violations.
§ 30.99 OMB control numbers assigned pursuant to the Paperwork Reduction Act.
------------------------------------------------------------------------ 15 CFR section where identified and described Current OMB control no.------------------------------------------------------------------------30.1 through 30.7......................... 0607-0001, -0018, -0150, - 015230.8...................................... 0607-000130.9 through 30.11........................ 0607-0001, -0018, -015230.12 and 30.15........................... 0607-0001, -0018, -015230.16..................................... 0607-0001, -0018, -0150, - 015230.20 through 30.24....................... 0607-0001, -0018, -0150, - 015230.30 through 30.31....................... 0607-0018, -0150, -015230.33 through 30.35 and 30.37............. 0607-0001, -0018, -0150, - 015230.39..................................... 0607-0018, -0150, -015230.40, 30.41, and 30.50 through 30.53..... 0607-0001, -0018, -0150, - 015230.54..................................... 0607-001830.55 through 30.57....................... 0607-0001, -0018, -0150, - 015230.82..................................... 0607-0018, -015230.91 through 30.95....................... 0607-0001, -0018, -0150, - 0152------------------------------------------------------------------------
Appendix A to Part 30—Format for Letter of Intent, Automated Export System (AES)
Appendix B to Part 30 [Reserved]
Appendix C to Part 30—Electronic (AES) Filing Codes
