CBP CROSS Rulings

CBP issued a proposed rule this week that could mandate the submission of more detailed electronic export manifest (EEM) data for cargo leaving the U.S. by rail, identify which parties should be submitting that electronic information, and set timelines for how soon that information would need to be submitted before the cargo leaves the country.

CBP released updated guidance this week for exporters of certain used vehicles from the U.S. to Puerto Rico, stressing that even though those shipments don’t constitute an export, companies must still file certain Electronic Export Information in the Automated Export System “for all used self-propelled vehicles.” CBP also said exporters must include the vehicle identification number or product identification number in the EEI and added that “used self-propelled vehicles shipped from the United States to Puerto Rico or from Puerto Rico to the United States are not exempt from being inspected.”

A New York City-based electronics store was fined $5.4 million by CBP and ordered to forfeit more than $460,000 after it allegedly gave false export information to a freight forwarder and breached record-keeping rules, the Bureau of Industry and Security said last week.

A new proposed rule from the Census Bureau could change how the agency regulates in-transit shipments that travel through the U.S. from foreign countries before being exported to another foreign destination.

A new exemption for certain defense trade between the U.S., Australia and the U.K. under the AUKUS partnership is now active in the Automated Export System, CBP said in a Sept. 6 CSMS message. The State Department published the exemption in a final rule, effective Sept. 1, that it said will remove export control barriers for a range of items that had previously faced strict license requirements under the International Traffic in Arms Regulations.

The Census Bureau this week alerted export filers about a name change to a license code in the Automated Export System that reflects a new semiconductor-related export license exception introduced by the Bureau of Industry and Security earlier this year. The AES change revises the name of License Code C68 to “Advanced Computing Authorized (ACA) (NO notification required),” according to an Aug. 21 email from Census and a CBP CSMS message.

CBP sent a proposed rule for interagency review to mandate electronic export manifest for cargo traveling by rail. The rule, sent to the Office of Information and Regulatory Affairs July 10, would propose to identify the parties eligible to transmit the export information, describe the time frames during which the information is due before the train's departure, and “identify an initial filing that must occur 24 hours prior to departure from the port of export while requiring that remaining data be transmitted at least two hours prior to such departure.” CBP in June said it was making progress on rules to eventually mandate EEM for vessel, air and rail cargo, and was still on track to deploy a truck EEM portal later this year (see 2406250070).

CBP is aiming to publish a notice of proposed rulemaking in September that could eventually mandate electronic export manifest for cargo traveling by vessel, according to its spring 2024 regulatory agenda. The rule would “identify the parties eligible” to transmit advance vessel EEM information along with their responsibilities and the time frames they must follow for transmission of that information before the cargo is loaded or departs. “Requiring this data in advance would significantly improve cargo safety and security while minimizing disruption to the flow of commerce in the sea environment,” CBP said. The agency in June said it is making progress on rules to eventually mandate EEM for vessel, air and rail cargo, and was still on track to deploy a truck EEM portal later this year (see 2406250070).

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Shipping, trucking and freight forwarding associations urged the Federal Maritime Commission to reject a request from a group of major ocean carriers seeking to push back the effective date of the FMC’s new demurrage and detention billing requirements (see 2402230049), saying in public comments to the commission that the delay would cause widespread confusion within the shipping industry. But two of those groups said the FMC should at least consider giving the industry more time to adapt to the rules before punishing violators with fines.