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Clarifications of the Foreign Trade Regulations (FTR)

  1. The Foreign Trade Regulations (FTR) define the Foreign Principal Party in Interest (FPPI) as the party shown on the transportation document to whom final delivery or end-use of the goods will be made.  This party may be the ultimate consignee.

  2. The Foreign Trade Regulations (FTR) section 30.2 (d)(2) refers to goods shipped from the United States territories and shipped between the United States and "these territories." What territories is the FTR referencing?

  3. The Foreign Trade Regulations (FTR) section 30.6 (a)(19) states that a shipment reference number (SRN) can be unique for five years.

  4. What are the filing requirements for In-transit shipments that are leaving the United States?

  5. Are shipments moving under a carnet exempt from an Electronic Export Information (EEI) filing? If so, what is the exemption?

  6. In Appendix C of the Foreign Trade Regulations (FTR), Summary of Exemptions and Exclusions from Filing Electronic Export Information (EEI), items 8 through 21 the section number provided do not match with what is listed in section 30.37.

  7. The export of Electronic Transmissions are not included in Appendix D, item VI.

  8. The Foreign Trade Regulations (FTR) section 30.45 (c) pertains to split shipments by air. May this concept apply to shipments exported by mode of transportations other than air?

  9. What exemption in the Foreign Trade Regulations (FTR) should the filer use when exporting technical data that is subject to the International Traffic in Arms Regulations, (22 CFR 123.22 (b)(3)), but not required to be filed in the Automated Export System?

Clarifications of the Foreign Trade Regulations (FTR)

  1. The Foreign Trade Regulations (FTR) define the Foreign Principal Party in Interest (FPPI) as the party shown on the transportation document to whom final delivery or end-use of the goods will be made. This party may be the ultimate consignee.
  2. Clarification:  The FPPI is the foreign entity that has contracted with the USPPI to obtain the merchandise (the FPPI may be shown on the transportation documents as the end user of the goods).

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  3. The Foreign Trade Regulations (FTR) section 30.2 (d)(2) refers to goods shipped from the United States territories and shipped between the United States and "these territories." What territories is the FTR referencing?

    Clarification: The territories referred to in section 30.2 (d)(2) are: American Samoa, Baker Island, Commonwealth of the Northern Mariana Islands, Guam, Howland Island, Jarvis Island, Johnston Atoll, Kingmen Reef, Midway Islands,Navassa Island, Palmyra Atoll, and the Wake Island. The Census Bureau will include the full list of territories in Appendix C in a future amendment to the FTR.

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  5. The Foreign Trade Regulations (FTR) section 30.6 (a)(19) states that a shipment reference number (SRN) can be unique for five years.
  6. Clarification: Currently due to system support, the shipment reference number must be a unique number and never repeated (see FTR Letter No. 2). The Census Bureau is reviewing system enhancements to allow the reuse of the SRN.

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  7. What are the filing requirements for In-transit shipments that are leaving the United States?
  8. Clarification: In-transit shipments of goods from one foreign country to another where such goods do not enter the consumption channels of the United States are excluded from filing the Electronic Export Information (EEI) per section 30.2 (d)(1). Additionally, the Army Corps of Engineers has suspended the requirement to file the Form 7513, Shippers Export Declaration (SED) for In-transit Goods leaving the United States via vessel. Currently, there are no filing requirements for in-transit shipments. Merchandise not intended to enter the consumption channels of the United States but is formally entered via the CB Form 7501 or through the Automated Broker Interface (ABI), an Automated Export System (AES) record must be completed at the time of export, if the value is over $2500 per Schedule B or licensed.

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  9. Are shipments moving under a carnet exempt from an Electronic Export Information (EEI) filing? If so, what is the exemption?
  10. Clarification: There are two exemption citations that can be used depending on the type of export. Use Foreign Trade Regulations (FTR) section 30.37 (q) if goods shipped under the carnet being exported and are scheduled to return to the United States within a year. If the goods shipped under a carnet were temporarily imported into the United States and are returned to a foreign country, use FTR section 30.37 (r). The citation may read NOEEI 30.37(q) or NOEEI 30.37(r). Be sure to use the correct section citation.

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  11. In Appendix C of the Foreign Trade Regulations (FTR), Summary of Exemptions and Exclusions from Filing Electronic Export Information (EEI), items 8 through 21, the section numbers provided does not match with what is listed in section 30.37.
  12. Clarification: Starting with exemption item 8 and continuing through exemption item 21, the citations are off by one letter. For example, the citation for exemption number 8 should be 30.37 (g) and not 30.37 (h), and the citation for exemption number 9 should be 30.37 (h), not 30.37 (i). Therefore, when selecting the proper citation refer to FTR section 30.37 rather than Appendix C. The Census Bureau will correct the error in a future amendment to the FTR.

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  13. The export of Electronic Transmissions are not included in the Appendix D, item VI.
  14. Clarification:Appendix D was not intended to be an all-inclusive list. The complete list of exclusions can be found in Section 30.2(d) of the Foreign Trade Regulations.

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  15. The Foreign Trade Regulations (FTR) section 30.45 (c) pertains to split shipments by air. May this concept apply to shipments exported by mode of transportations other than air?
  16. Clarification: Yes, split shipments may apply to all modes of transportation. However, in order to file one Automated Export System (AES) record for the shipment, it must be booked for the export on one aircraft, vessel, train or truck but split by the carrier and sent on two or more of the selected modes of transportations of the same carrier on the same day. If the shipment is split, and part leaves on one day and part on another day, the original AES record must be corrected to show the part of the shipment exported on the first day and a new AES record must be filed to show the part of the shipment exported on the next day. See definition of a shipment in FTR section 30.1.

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  17. What exemption in the Foreign Trade Regulations (FTR) should the filer use when exporting technical data that is subject to the International Traffic in Arms Regulations, (22 CFR 123.22 (b)(3)), but not required to be filed in the Automated Export System?
  18. Clarification: Currently there is no exemption in the FTR that addresses technical data subject to ITAR 123.22(b)(3). However, FTR 30.37(k) should b used in the interim. While this exemption does not specifically pertain to licensed shipments of technical data, this exemption can be applied and is acceptable. The Census Bureau will update the FTR to reflect this exemption.

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Source: FTDWebMaster, Foreign Trade Division, U.S. Census Bureau, Washington, D.C. 20233
Location: MAIN: REGULATIONS:
Created: 17 February 2009
Last modified: 17 February 2009 at 11:27:17 AM