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AES to Include New Fatal Error Related to USML Category XXI

The Automated Export System soon will incorporate new response code 5C2 for when a commodity line in AES is reported with U.S. Munitions List Category XXI, but a commodity jurisdiction number is not reported, CBP said in a recent CSMS message. The new response message, which will be a fatal error, will be available in certification for testing Jan. 3 and “available in Production at a later date,” CBP said. “A follow-up message will announce when the messages will be active in Certification.”

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The National Customs Brokers & Forwarders Association of America said it has “been in communication” with CBP and the State Department’s Directorate of Defense Trade Controls “regarding the impact of the information in the CSMS.” In its weekly newsletter, NCBFAA said DDTC requested the response message to “address Electronic Export Information (EEI) filings that report Category XXI when the defense article is described in a different USML category.” USML Category XXI doesn’t include a “positive description of an actual item and should only be reported in AES as the USML category when the exporter has been instructed by DDTC to do so,” the NCBFAA said Dec. 19.

“Freight forwarders should expect a new data field in AES for the CJ Number which will be required when USML Category XXI is cited once the data field is available in AES,” the association said. “Additionally, programming will need to be done by software providers and companies with proprietary software who submit EEI via Electronic Data Interface (EDI).”