CBP hopes to issue a notice of proposed rulemaking to eventually mandate electronic export manifest (see 2207180041 and 2205060015) by the end of this year, said Jim Swanson, an agency official. The agency has written the regulations for ocean, air and rail manifest but is in the middle of a lengthy government review process before it can publish the NPRM in the Federal Register and officially request public comments, Swanson said.
CBP CROSS Rulings
CBP issues binding advance rulings in connection with the importation of merchandise into the United States. They issue the rulings to give the trade community transparency of how CBP will treat a prospective import or carrier transaction. Common rulings include the tariff classification, country of origin, or free trade agreement applicability of merchandise, among other things. These rulings are available in CBP's Customs Rulings Online Search System (CROSS) database.
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CBP is almost ready to mandate electronic export manifest for ocean, air and rail, and plans to issue an EEM pilot for trucks within the next year, said Jim Swanson, director of the cargo and security controls division, for cargo and conveyance security in the CBP Office of Field Operations. CBP has been under pressure to move faster on the project after delays in 2021 pushed back its full release to at least this year (see 2110180038).
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The Census Bureau is proposing a new country of origin data element in the Automated Export System to help the U.S. better collect foreign trade statistics (see 2107010043), the agency said Dec. 14. If the rule is adopted, U.S. exporters of foreign-produced goods would be required to declare the country of origin for their item through a “conditional” data element in AES, Census said. Exporters would need to enter the origin information whenever they select “Foreign origin” in the “Foreign/Domestic Origin Indicator field.” Comments on the proposed change are due Feb. 14.
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RANCHO MIRAGE, California -- The Commerce Department and CBP will soon deploy a new feature in the Automated Export System to automatically warn filers if they are exporting a controlled item without a license, a BIS official said. The agencies hope to launch the feature -- which should help exporters, freight forwarders and carriers better conduct due diligence -- in the next few months, said Richard Sylvestri, a senior export administration analyst in the Bureau of Industry and Security's Western Regional Office.
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Exporters of certain used vehicles from the U.S. to Puerto Rico don’t have to electronically file or provide the vehicle’s certificate of title prior to the shipment, CBP said in a July 21 ruling that was released Sept. 24. The agency ruled that shipments of used, self-propelled vehicles from the continental U.S. to Puerto Rico don’t constitute an export under U.S. regulations because the regulations define “export” as the “transportation of merchandise out of the U.S. for the purpose of being entered into the commerce of a foreign country,” CBP said in the ruling. “It is clear, however, that Puerto Rico is not a foreign country, as it is an unincorporated territory of the United States.”
The legislative language for a proposed change to the treatment of excise tax drawback claims on exported tobacco would make such claims ineligible not just going forward (see 2109130038), but also would disallow claims filed since Dec. 18, 2018. That is the date that CBP issued a final rule saying that such claims were not allowed. However, the prohibition did not take effect until Feb. 19, 2019, because of the 60-day waiting period after the rule's publication (see 1908300032). The final rule was overturned in court, so some exporters have been collecting substitution drawback on these goods -- or as the government calls it, "double drawback," since the case was won.