27 August 1998
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

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

[Federal Register: August 27, 1998 (Volume 63, Number 166)]
[Rules and Regulations]
[Page 45698-45699]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au98-18]

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

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
