The U.S. Census Bureau often receives questions on how to annotate commercial documents for export shipments to minimize potential delays at the port of export. In a previous blog on Filing Citations and Exemption Legends, we provided an overview of filing citations and exemption legends. In this blog, I would like to expand upon the information previously provided. We will discuss the use of exclusion legends and give a snap shot of the different types of citations and legends that must be clearly stated on the commercial loading documents.
Exclusion legends are used for shipments that fall outside the scope of the Foreign Trade Regulations (FTR). The types of shipments that are excluded from filing requirements are identified in Section 30.2(d) of the FTR. It is important to remember that whether you are required to file the Electronic Export Information (EEI) or not, the correct annotation must be displayed on the commercial loading document or in a prominent location on the shipment package. Below is a snapshot describing the citations and legends that must be provided prior to exportation.
|Citations / Legends||Description||Annotation|
|Proof of Filing Citation||Parties to the transaction file the EEI and receive their Internal Transaction Number (ITN) before the exportation of the shipment.||Automated Export System (AES) ITN. Example: AES X20160523777777|
|Postdeparture Citation||Postdeparture approved U.S. Principal Party in Interest (USPPI) have the privilege of filing EEI within five days after exportation rather than obtaining the ITN in advance.||USPPI Filed: AESPOST followed by the USPPI ID and followed by the DATE OF EXPORT. Example: AESPOST 123456789 05/23/2016 Agent Filed: AESPOST followed by the USPPI ID – FILER ID and followed by the DATE OF EXPORT. Example: AESPOST 123456789 – 987654321 05/23/2016|
|AES Downtime Filing Citation||When the AES experiences a major failure, the AES Downtime Filing Citation is used in place of a proof of filing citation. The downtime filing citation is not to be used when the filer’s system is down, experiencing delays or for shipments subject to the International Traffic in Arms Regulations.||AESDOWN followed by the FILER ID and followed by DATE OF EXPORT. Example: AESDOWN 123456789 05/23/2016|
|Exemption Legends||These transactions are within the scope of the FTR, but certain details make them exempt from filing EEI in the AES. The exemptions are located in 30.36 – 30.40. Below are two of the most commonly used exemptions: Ø 30.36 – Exemption for shipments destined to Canada. Ø 30.37(a) – Exemption for shipments that are valued $2,500 or less per Schedule B.||NO EEI followed by the corresponding FTR Exemption. Example: NO EEI 30.37(a)|
|Exclusion Legends||These transactions are outside the scope of the FTR and shall be excluded from filing EEI in the AES. Exclusions: Ø 30.2(d)(1) – Good transiting the U.S. under U.S. Customs and Border Protection bond from one foreign country to another.||NO EEI followed by the corresponding FTR Exclusion. Example: NO EEI 30.2(d)(1)|
|Ø 30.2(d)(2) – Except Puerto Rico and the U.S. Virgin Islands, goods shipped from the U.S. territories and goods shipped between the U.S. and these territories do not require EEI filing. Ø 30.2(d)(3) – Electronic transmissions and intangible transfers. Ø 30.2(d)(4) – Goods shipped to Guantanamo Bay Naval Base from the U.S., Puerto Rico, or the U.S. Virgin Islands and from Guantanamo Bay Naval Base to the U.S., Puerto Rico, or the U.S. Virgin Islands. Ø 30.2(d)(5) – Goods licensed by a federal agency where the country of ultimate destination is the U.S. or goods destined to international waters where the entity assuming control of the goods is a U.S. entity.|