[Federal Register Volume 63, Number 166 (Thursday, August 27, 1998)]
[Rules and Regulations]
[Pages 45697-45698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23017]


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DEPARTMENT OF COMMERCE

Bureau of the Census

15 CFR Part 30

[Docket No. 980729198-8198-01]
RIN 0607--AA28


Shipper's Export Declaration Requirements for Exports Valued at 
Less Than $2,500

AGENCY: Bureau of the Census, Commerce.

ACTION: Final rule.

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SUMMARY: To further the Bureau of the Census' efforts in harmonizing 
the Foreign Trade Statistics Regulations (FTSR) with the Bureau of 
Export Administration's Export Administration Regulations (EAR), this 
final rule amends the FTSR by revising the Shipper's Export Declaration 
(SED) provisions to expand the country scope of the $2,500 exemption 
for filing an SED with the Bureau of the Census.
    The revisions contained in this document are consistent with 
concurrent revisions to the provisions of the Bureau of Export 
Administration's EAR. The Department of Treasury concurs with the 
provisions contained in this final rule.

EFFECTIVE DATE: August 27, 1998.

FOR FURTHER INFORMATION CONTACT: C. Harvey Monk, Jr., Chief, Foreign 
Trade Division, Bureau of the Census, Room 2104, Federal Building 3, 
Washington, D.C. 20233-6700, by telephone on (301) 457-2255 or by fax 
on (301) 457-2645.

SUPPLEMENTARY INFORMATION:

Background

    The Bureau of the Census is amending the FTSR to further its 
efforts in harmonizing the FTSR with the Bureau of Export 
Administration's EAR. Specifically, this rule amends Sec. 30.55(h) of 
the FTSR by revising the SED requirements for exports of items valued 
at $2,500 or less that do not require a license. With this change, no 
SED is required for any shipment, except for shipments to Cuba, Iran, 
Iraq, Libya, North Korea, Sudan, or Syria, if the shipment is valued at 
$2,500 or less per Schedule B Number. The current exemption applied 
only to countries in Country Group B and China. Note that this 
exemption does not apply to shipments exported through the U.S. Postal 
Service, shipments requiring a license from the Department of Commerce, 
Department of State, or Department of Justice, or shipments of items 
subject to the International Traffic in Arms Regulations but exempt 
from license requirements. Conforming amendments to the EAR will be 
published in the Federal Register by the Bureau of Export 
Administration.

Rulemaking Requirements

    This rule is exempt from all requirements of Section 553 of the 
Administrative Procedure Act because it deals with a foreign affairs 
function (5 U.S.C. (A) (1)).

Regulatory Flexibility Act

    Because a notice of proposed rulemaking is not required by 5 U.S.C. 
553 or any other law, a Regulatory Flexibility Analysis is not required 
and has not been prepared (5 U.S.C. 603 (a)).

Executive Orders

    This rule has been determined not to be significant for purposes of 
Executive Order 12866. This rule does not contain policies with 
federalism implications sufficient to warrant preparation of a 
federalism assessment under Executive Order 12612.

Paperwork Reduction Act

    Notwithstanding any other provisions of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with, a collection of information subject to the requirements 
of the Paperwork Reduction Act (PRA) unless that collection of 
information displays a currently valid Office of Management and Budget 
(OMB) control number.
    This rule covers collections of information subject to the 
provisions of the PRA, which are cleared by the OMB under OMB Control 
Number 0607-0152.
    This rule will result in a nonmeasurable reduction in the 
reporting-hour burden requirements. The expansion of the country scope 
of the exemption will affect only a small percentage of SEDs. It will 
not measurably impact the current response burden requirement as 
approved under OMB Control number 0607-0152, under provisions of the 
Paperwork Reduction Act of 1995, Public Law 104-13.

List of Subjects in 15 CFR Part 30

    Economic statistics, Foreign trade, Exports, Reporting and 
recordkeeping requirements.
    For the reasons set out in the preamble, 15 CFR Part 30 is amended 
as follows:

PART 30--FOREIGN TRADE STATISTICS

    1. The authority citation for 15 CFR Part 30 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 13 U.S.C. 301-307; Reorganization Plan 
No. 5 of 1950 (3 CFR 1949-1953 Comp., 1004); Department of Commerce 
Organization Order No. 35-2A, August 4, 1975, 40 CFR 42765.

Subpart A--General Requirements--Exporter

    2. Section 30.55 is amended by revising paragraphs (h) introductory 
text and (h)(1) to read as follows:


Sec. 30.55  Miscellaneous exemptions.

* * * * *
    (h) Except as noted in paragraph (h)(2) of this section and for 
exports to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria, 
shipments of commodities where the value of the commodities, shipped 
from one exporter to one consignee on a single exporting carrier, 
classified under an individual Schedule B number, is $2,500 or less. 
For Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, a SED is 
required regardless of the value of the shipment.
    (1) This exemption applies to individual Schedule B commodity 
numbers regardless of the total

[[Page 45698]]

shipment value. In instances where a shipment contains a mixture of 
individual Schedule B commodity numbers valued $2,500 or less and 
individual Schedule B commodity numbers valued over $2,500, only those 
commodity numbers valued $2,500 or more need be reported on a Shipper's 
Export Declaration.
* * * * *

    Dated: July 29, 1998.
James F. Holmes
Acting Director, Bureau of the Census
[FR Doc. 98-23017 Filed 8-26-98; 8:45 am]
BILLING CODE 3510-07-P