CBP Clarifies its AES, FTR Penalty Mitigation Guidelines
The Census Bureau has issued an Automated Export System broadcast regarding the AES and Foreign Trade Regulations penalty mitigation guidelines recently issued by U.S. Customs and Border Protection.
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(CBP's penalty mitigation guidelines are for violations of mandatory AES filing requirements and other FTR. The guidelines are effective on February 1, 2009 for violations occurring on or after February 1, 2009.)
Census states that CBP has received two common questions from the trade community that it wants to clarify. Census also notes that the publication of CBP's penalty mitigation guidelines does not change the requirements of the FTR in 15 CFR Part 30.
Is USPPI Required to File EEI or Can an Authorized Agent File on USPPI's Behalf?
In response to the question of whether the U.S. Principal Party in Interest (USPPI) is required to file the Electronic Export Information (EEI) in AES or whether an authorized agent may file on the USPPI's behalf, CBP states that the USPPI, the USPPI's authorized agent, or the authorized U.S. agent of the Foreign Principal Party in Interest (FPPI) shall file the EEI through the AES. (Further information regarding the requirements and responsibilities of the parties involved in an export transaction is available in 15 CFR 30.3.)
Does the Low Value Filing Exemption Still Apply?
In response to the question of whether the low value ($2,500 value or less) filing exemption still applies, CBP states that it still applies. Export of commodities where the value of the commodities, shipped from one USPPI to one consignee on a single exporting carrier, classified under an individual Schedule B number that is $2,500 or less, are exempt from filing in the AES. This applies to individual Schedule B numbers regardless of total value of the shipment. Therefore, filers should only report the items that are valued over $2,500 per Schedule B number, unless a license is required.
(See ITT's Online Archives or 01/08/09 news, 09010810, for BP summary of CBP's guidelines.)
AES broadcast 2009005 (dated 01/15/09) available at http://www.census.gov/foreign-trade/aes/documentlibrary/broadcasts/2009005.html.