§ 301. — Collection and publication.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 13USC301]
TITLE 13--CENSUS
CHAPTER 9--COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND TRADE
STATISTICS
Sec. 301. Collection and publication
(a) The Secretary is authorized to collect information from all
persons exporting from, or importing into, the United States and the
noncontiguous areas over which the United States exercises sovereignty,
jurisdiction, or control, and from all persons engaged in trade between
the United States and such noncontiguous areas and between those areas,
or from the owners, or operators of carriers engaged in such foreign
commerce or trade, and shall compile and publish such information
pertaining to exports, imports, trade, and transportation relating
thereto, as he deems necessary or appropriate to enable him to foster,
promote, develop, and further the commerce, domestic and foreign, of the
United States and for other lawful purposes.
(b) The Secretary shall submit to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of the Senate,
on quarterly and cumulative bases, statistics on United States imports
for consumption and United States exports by country and by product.
Statistics on United States imports shall be submitted in accordance
with the Harmonized Tariff Schedule of the United States Annotated for
Statistical Reporting Purposes and general statistical note 1 thereof,
in detail as follows:
(1) net quantity;
(2) United States customs value;
(3) purchase price or its equivalent;
(4) equivalent of arm's length value;
(5) aggregate cost from port of exportation to United States
port of entry;
(6) a United States port of entry value comprised of (5) plus
(4), if applicable, or, if not applicable, (5) plus (3); and
(7) for transactions where (3) and (4) are equal, the total
value of such transactions.
The data for paragraphs (1), (2), (3), (5), and (6) shall be reported
separately for nonrelated and related party transactions, and shall also
be reported as a total of all transactions.
(c) In submitting any information under subsection (b) with respect
to exports, the Secretary shall state separately from the total value of
all exports--
(1)(A) the value of agricultural commodities exported under the
Agricultural Trade Development and Assistance Act of 1954, as
amended; and
(B) the total amount of all export subsidies paid to exporters
by the United States under such Act for the exportation of such
commodities; and
(2) the value of goods exported under the Foreign Assistance Act
of 1961.
(d) To assist the Secretary to carry out the provisions of
subsections (b) and (c)--
(1) the Secretary of Agriculture shall furnish information to
the Secretary concerning the value of agricultural commodities
exported under provisions of the Agricultural Trade Development and
Assistance Act of 1954, as amended, and the total amounts of all
export subsidies paid to exporters by the United States under such
Act for the exportation of such commodities; and
(2) the Secretary of State shall furnish information to the
Secretary concerning the value of goods exported under the
provisions of the Foreign Assistance Act of 1961, as amended.
(e) There shall be reported, on monthly and cumulative bases, for
each heading or subheading in the Harmonized Tariff Schedule of the
United States Annotated for Statistical Reporting Purposes, the United
States port of entry value (as determined under subsection (b)(6)).
There shall be reported, on monthly and cumulative bases, the balance of
international trade for the United States reflecting (1) the aggregate
value of all United States imports as reported in accordance with the
first sentence of this subsection, and (2) the aggregate value of all
United States exports. The information required to be reported under
this subsection shall be reported in a form that is adjusted for
economic inflation or deflation (on a constant dollar basis consistent
with the reporting of the National Income and Product Accounts), and in
a form that is not so adjusted.
(f) On or before January 1, 1981, and as often thereafter as may be
necessary to reflect significant changes in rates, there shall be
reported for each heading or subheading in the Harmonized Tariff
Schedule of the United States Annotated for Statistical Reporting
Purposes, the ad valorem or ad valorem equivalent rate of duty which
would have been required to be imposed on dutiable imports under that
heading or subheading, if the United States customs values of such
imports were based on the United States port of entry value (as reported
in accordance with the first sentence of subsection (e)) in order to
collect the same amount of duties on imports under that heading or
subheading as are currently collected.
(g) Shippers' Export Declarations (or any successor document),
wherever located, shall be exempt from public disclosure unless the
Secretary determines that such exemption would be contrary to the
national interest.
(h) The Secretary is authorized to require by regulation the filing
of Shippers' Export Declarations under this chapter through an automated
and electronic system for the filing of export information established
by the Department of the Treasury.
(Added Pub. L. 87-826, Sec. 2, Oct. 15, 1962, 76 Stat. 951; amended Pub.
L. 93-618, title VI, Sec. 609(a), Jan. 3, 1975, 88 Stat. 2074; Pub. L.
96-39, title XI, Sec. 1108(a), July 26, 1979, 93 Stat. 313; Pub. L. 96-
275, Sec. 1, June 17, 1980, 94 Stat. 539; Pub. L. 100-418, title I,
Secs. 1214(a)(2), 1931(a), 1932, Aug. 23, 1988, 102 Stat. 1155, 1320;
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XII,
Sec. 1252(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-506.)
References in Text
The Harmonized Tariff Schedule of the United States, referred to in
subsecs. (b), (e), and (f), is not set out in the Code. See Publication
of Harmonized Tariff Schedule note set out under section 1202 of Title
19, Customs Duties.
The Agricultural Trade Development and Assistance Act of 1954,
referred to in subsecs. (c)(1), (d)(1), is act July 10, 1954, ch. 649,
68 Stat. 454, as amended, which is classified generally to chapter 41
(Sec. 1691 et seq.) of Title 7, Agriculture. For complete classification
of this Act to the Code, see Short Title note set out under section 1691
of Title 7 and Tables.
The Foreign Assistance Act of 1961, referred to in subsecs. (c)(2),
(d)(2), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
which is classified principally to chapter 32 (Sec. 2151 et seq.) of
Title 22, Foreign Relations and Intercourse. For complete classification
of this Act to the Code, see Short Title note set out under section 2151
of Title 22 and Tables.
Amendments
1999--Subsec. (h). Pub. L. 106-113 added subsec. (h).
1988--Subsec. (b). Pub. L. 100-418, Sec. 1214(a)(2)(A), substituted
``Harmonized Tariff Schedule of the United States Annotated for
Statistical Reporting Purposes and general statistical note 1 thereof''
for ``Tariff Schedules of the United States Annotated and general
statistical headnote 1 thereof''.
Subsec. (e). Pub. L. 100-418, Sec. 1932, inserted at end ``The
information required to be reported under this subsection shall be
reported in a form that is adjusted for economic inflation or deflation
(on a constant dollar basis consistent with the reporting of the
National Income and Product Accounts), and in a form that is not so
adjusted.''
Pub. L. 100-418, Sec. 1931(a), struck out at end ``The values and
balance of trade required to be reported by this subsection shall be
released no later than 48 hours before the release of any other
government statistics concerning values of United States imports or
United States balance of trade, or statistics from which such values or
balance may be derived.''
Pub. L. 100-418, Sec. 1214(a)(2)(B), substituted ``heading or
subheading in the Harmonized Tariff Schedule of the United States
Annotated for Statistical Reporting Purposes'' for ``item in the Tariff
Schedules of the United States Annotated'' in first sentence.
Subsec. (f). Pub. L. 100-418, Sec. 1214(a)(2)(C), substituted
``heading or subheading in the Harmonized Tariff Schedule of the United
States Annotated for Statistical Reporting Purposes'' for ``item of the
Tariff Schedules of the United States Annotated'' and ``under that
heading or subheading'' for ``under that item'', in two places.
1980--Subsec. (g). Pub. L. 96-275 added subsec. (g).
1979--Subsecs. (e), (f). Pub. L. 96-39 added subsecs. (e) and (f).
1975--Pub. L. 93-618 designated existing provisions as subsec. (a)
and added subsecs. (b) to (d).
Effective Date of 1999 Amendment
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XII,
Sec. 1252(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-506, provided that:
``The amendment made by subsection (a) [amending this section] shall
take effect 270 days after the Secretary of Commerce, the Secretary of
the Treasury, and the Director of the National Institute of Standards
and Technology jointly provide a certification to the Committee on
Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives that a secure Automated Export
System available through the Internet that is capable of handling the
expected volume of information required to be filed under subsection (b)
[set out below], plus the anticipated volume from voluntary use of the
Automated Export System, has been successfully implemented and tested
and is fully functional with respect to reporting all items on the
United States Munitions List, including their quantities and
destinations.'' [The Automated Export System Certification Report was
submitted to the Committee on Foreign Relations of the Senate on June
11, 2001, and to the Committee on International Relations of the House
of Representatives on May 31, 2001. See 66 F.R. 39006.]
Effective Date of 1988 Amendment
Amendment by section 1214(a)(2) of Pub. L. 100-418 effective Jan. 1,
1989, and applicable with respect to articles entered on or after such
date, see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective
Date note under section 3001 of Title 19, Customs Duties.
Effective Date of 1980 Amendment
Section 4 of Pub. L. 96-275 provided that:
``(a) Except as provided in subsection (b), this Act, and the
amendments made by this Act [amending this section and enacting
provisions set out as a note under this section], shall become effective
on the later of July 1, 1980, or the date of enactment of this Act [June
17, 1980].
``(b) The amendment made by section 2 [amending section 93 of former
Title 46, Shipping] shall become effective on the date which is forty-
five days after the date of enactment of this Act [June 17, 1980].''
Effective Date of 1979 Amendment
Section 1108(b) of Pub. L. 96-39 provided that: ``The amendment made
by subsection (a) [amending this section] shall apply to reports made
after December 31, 1979.''
Effective Date of 1975 Amendment
Section 609(b) of Pub. L. 93-618 provided that: ``The amendments
made by subsection (a) [amending this section] shall take effect on
January 1, 1975.''
Effective Date
Section 4 of Pub. L. 87-826 provided that: ``The provisions of this
Act [enacting section 301 et seq. of this title and repealing sections
173, 174, 177, 179, 181, 184 to 187, and 193 of Title 15, Commerce and
Trade, sections 92 and 95 of former Title 46, Shipping, and section 1486
of Title 48, Territories and Insular Possessions] shall take effect one
hundred and eighty days after approval [Oct. 15, 1962], except that the
last sentence of section 337, ``Fifth'' of the Revised Statutes [section
174 of Title 15], and the requirement for oaths as found in section 4200
of the Revised Statutes [section 92 of former Title 46] shall be
repealed effective on the date this Act is approved [Oct. 15, 1962].''
Regulations
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XII,
Sec. 1252(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-506, provided that:
``(1) In general.--The Secretary of Commerce, with the concurrence
of the Secretary of State, shall publish regulations in the Federal
Register to require that, upon the effective date of those regulations,
exporters (or their agents) who are required to file Shippers' Export
Declarations under chapter 9 of title 13, United States Code, file such
Declarations through the Automated Export System with respect to exports
of items on the United States Munitions List or the Commerce Control
List.
``(2) Elements of the regulations.--The regulations referred to in
paragraph (1) shall include at a minimum--
``(A) provision by the Department of Commerce for the
establishment of on-line assistance services to be available for
those individuals who must use the Automated Export System;
``(B) provision by the Department of Commerce for ensuring that
an individual who is required to use the Automated Export System is
able to print out from the System a validated record of the
individual's submission, including the date of the submission and a
serial number or other unique identifier, where appropriate, for the
export transaction; and
``(C) a requirement that the Department of Commerce print out
and maintain on file a paper copy or other acceptable back-up record
of the individual's submission at a location selected by the
Secretary of Commerce.''
Improvements to the Automated Export System
Pub. L. 107-228, div. B, title XIV, Sec. 1404(a)-(c), Sept. 30,
2002, 116 Stat. 1454, provided that:
``(a) Contribution to the Automated Export System.--Of the amount
provided under section 1402 of this Act [116 Stat. 1453], $250,000 is
authorized to be available for the purpose of--
``(1) providing the Department [of State] with full access to
the Automated Export System;
``(2) ensuring that the system is modified to meet the needs of
the Department [of State], if such modifications are consistent with
the needs of other United States Government agencies; and
``(3) providing operational support.
``(b) Mandatory Filing.--The Secretary of Commerce, with the
concurrence of the Secretary of State and the Secretary of [the]
Treasury, shall publish regulations in the Federal Register to require,
upon the effective date of those regulations, that all persons who are
required to file export information under chapter 9 of title 13, United
States Code, file such information through the Automated Export System.
``(c) Requirement for Information Sharing.--The Secretary [of State]
shall conclude an information-sharing arrangement with the heads of the
United States Customs Service and the Census Bureau--
``(1) to allow the Department [of State] to access information
on controlled exports made through the United States Postal Service;
and
``(2) to adjust the Automated Export System to parallel
information currently collected by the Department.''
[For transfer of functions, personnel, assets, and liabilities of
the United States Customs Service of the Department of the Treasury,
including functions of the Secretary of the Treasury relating thereto,
to the Secretary of Homeland Security, and for treatment of related
references, see sections 203(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.]
Volumetric Index
Section 1931(b) of Pub. L. 100-418 provided that:
``(1) The Director of the Census, in consultation with the Director
of the Bureau of Economic Analysis and the Commissioner of Labor
Statistics, shall conduct a study to determine the feasibility of
developing, and of publishing, an index that measures the real volume of
merchandise trade on a monthly basis, which would be reported
simultaneously with the balance of merchandise trade for the United
States.
``(2) The Director of the Census shall submit to the Committee on
Finance of the Senate and the Committee on Ways and Means of the House
of Representatives a report on the study conducted under paragraph (1)
by no later than the date that is one year after the date of enactment
of this Act [Aug. 23, 1988].''
Congressional Access to Information
Section 3 of Pub. L. 96-275 provided that: ``Nothing in this Act
[enacting subsec. (g) of this section, amending section 93 of former
Title 46, Shipping, and enacting provisions set out as notes under this
section] shall be construed as authorizing the withholding of
information from Congress.''
Definitions
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XII,
subtitle E, Sec. 1256], Nov. 29, 1999, 113 Stat. 1536, 1501A-507,
provided that: ``In this subtitle [amending this section and enacting
provisions set out as notes above]:
``(1) Automated export system.--The term `Automated Export
System' means the automated and electronic system for filing export
information established under chapter 9 of title 13, United States
Code, on June 19, 1995 (60 Federal Register 32040).
``(2) Commerce control list.--The term `Commerce Control List'
has the meaning given the term in section 774.1 of title 15, Code of
Federal Regulations.
``(3) Shippers' export declaration.--The term `Shippers' Export
Declaration' means the export information filed under chapter 9 of
title 13, United States Code, as described in part 30 of title 15,
Code of Federal Regulations.
``(4) United states munitions list.--The term `United States
Munitions List' means the list of items controlled under section 38
of the Arms Export Control Act (22 U.S.C. 2778).''
