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

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 758

[Docket No. 980730200-8200-01]

RIN 0694-AB71

Shipper's Export Declaration Requirements for Exports Valued Less

Than $2,500

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: To further the Bureau of Export Administration's efforts in

harmonizing the Export Administration Regulations (EAR) with the Bureau

of the Census Foreign Trade Statistics Regulations, this final rule

amends the EAR 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. This final rule also

clarifies that the Harmonized Tariff Schedule number may be used in

lieu of the Schedule B number on the Shipper's Export Declaration. This

final rule will not significantly affect the paperwork burden on U.S.

industry.

DATES: This rule is effective August 27, 1998.

FOR FURTHER INFORMATION CONTACT: Nancy Crowe, Regulatory Policy

Division, Bureau of Export Administration, at (202) 482-2440.

SUPPLEMENTARY INFORMATION:

Background

The Bureau of Export Administration (BXA) is amending the Export

Administration Regulations (EAR) to further its efforts in harmonizing

the EAR with the Bureau of the Census Foreign Trade Statistics

Regulations (FTSR). Specifically, this rule amends

Sec. 758.1(e)(1)(i)(A) of the EAR by revising the Shipper's Export

Declaration (SED) requirements for exports of items valued at $2,500 or

less. With this change, no SED is required for any shipment, other than

a shipment made under a license issued by BXA or 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. Conforming amendments

to the FTSR will be published in the Federal Register by the Bureau of

the Census.

This rule also amends Secs. 758.1 and 758.3 of the EAR by replacing

the phrase ``or other number acceptable to the Foreign Trade Division,

Bureau of the Census'' with the phrase ``or Harmonized Tariff Schedule

number.'' This will clarify an existing policy of the Bureau of the

Census to allow exporters to use either the Schedule B number or the

Harmonized Tariff Schedule number when preparing the SED.

Although the Export Administration Act (EAA) expired on August 20,

1994, the President invoked the International Emergency Economic Powers

Act and continued in effect the EAR, and, to the extent permitted by

law, the provisions of the EAA in Executive Order 12924 of August 19,

1994, extended by Presidential notice of August 13, 1998 (63 FR 44121,

August 17, 1998).

Rulemaking Requirements

1. This interim rule has been determined to be not significant for

purposes of E.O. 12866.

2. Notwithstanding any other provision of law, no person is

required to, nor shall any person be subject to a penalty for failure

to comply with a collection of information, subject to the Paperwork

Reduction Act (PRA), unless that collection of information displays a

currently valid OMB Control Number. This rule involves a collection of

information subject to the Paperwork Reduction Act of 1995 (44 U.S.C.

3501 et seq.). This collection has been approved by the Office of

Management and Budget under control number 0607-0152.

3. This rule does not contain policies with Federalism implications

sufficient to warrant preparation of a Federalism assessment under

Executive Order 12612.

4. The provisions of the Administrative Procedure Act (5 U.S.C.

553) requiring notice of proposed rulemaking, the opportunity for

public participation, and a delay in effective date, are inapplicable

because this regulation involves a military and foreign affairs

function of the United States (Sec. 5 U.S.C. 553(a)(1)). Further, no

other law requires that a notice of proposed rulemaking and an

opportunity for public comment be given for this rule. Because a notice

of proposed rulemaking and an opportunity for public comment are not

required to be given for this rule under 5 U.S.C. or by any other law,

the requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et

seq.) are not applicable.

List of Subjects in 15 CFR Part 758

Administrative practice and procedure, Exports, Foreign trade,

Reporting and record keeping requirements.

Accordingly, part 758 of the Export Administration Regulations (15

CFR Parts 730-799) is amended as follows:

1. The authority citation for 15 CFR part 758 continues to read as

follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;

E.O. 12924, 3 CFR, 1994 Comp., p. 917; Notice of August 13, 1997 (62

FR 43629, August 15, 1997).

PART 758--[AMENDED]

2. Section 758.1 is amended by revising the paragraph (e)(1)(i)(A)

to read as follows:

Sec. 758.1 Export clearance requirements

* * * * *

(e) * * *

(1) * * *

(i) * * *

(A) Any shipment, other than a shipment made under a license issued

by BXA or 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 Schedule B number of an item is shown in the current

edition of the Schedule B, Statistical Classification of Domestic and

Foreign Commodities Exported from the United States. As used in this

paragraph (e), ``shipment'' means all items classified under a single

Schedule B number (or Harmonized Tariff Schedule number if the Schedule

B number is not available), shipped on the same carrier, from one

exporter to one importer. The Foreign Trade Statistics Regulations of

the Bureau of the Census (15 CFR part 30) shall govern the valuation of

items when determining whether a shipment meets the $2,500 threshold of

this paragraph.

* * * * *

Sec. 758.3 [Amended]

3. Section 758.3 is amended by revising the parenthetical phrase

``(or other number acceptable to the Foreign Trade Division, Bureau of

the Census)'' to read ``(or Harmonized Tariff Schedule number)'' in the

following places:

[[Page 45699]]

Sec. 758.3(f)(1)

Sec. 758.3(g)(1)

Sec. 758.3(g)(2)(i)

Sec. 758.3(g)(2)(ii)--2 references

Sec. 758.3(g)(3)

Sec. 758.3(h)(1)

Dated: August 18, 1998

R. Roger Majak,

Assistant Secretary for Export Administration.

[FR Doc. 98-23018 Filed 8-26-98; 8:45 am]

BILLING CODE 3510-33-P