Census May Change AES Rulemaking due to Opposition to Post Departure Proposals, Etc.
On April 5, 2011, a Census Bureau official spoke at the National Customs Brokers and Forwarders Association of America (NCBFAA) Annual Conference and stated the agency was considering issuing an Automated Export System (AES) final rule that reflects, to some extent, the comments it received on the provisions to limit post departure filing, revise the requirements for household goods, etc. in its January 2011 proposed rule.
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According to the official, the final rule on AES modifications could be issued in late 2011 or early 2012. Other highlights from his comments include the following:
Majority of Comments Were on Post Departure Filing (Option 4)
Of the over 50 comments Census received on its proposed rule, the majority were on the proposed changes to AES post departure filing (also referred to as Option 4).
(Census has proposed (i) changing the post departure filing timeframe to 5 calendar days after departure (from the current 10 calendar days after departure), (ii) limiting post departure filing to certain listed agriculture and bulk commodities (rather than the current method of approving post departure filing based on the company), and (iii) tightening criteria levels.)
Many of the comments Census received questioned the proposal to limit post departure filing to agriculture/bulk items. Based on comments, Census is considering revising its proposed changes for post departure filing.
Many Comments also Submitted on Household Goods Rules
Census also received numerous comments on its proposed changes for household goods. Census states that it will also be considering revising its proposed changes for household goods, including the possible revision of the definition of household goods.
(Census proposed to continue allowing limited commodity reporting in AES for household goods, but to require reporting for shipments regardless of value and country of destination (household goods valued $2,500 or under and Canadian shipments are currently exempt from reporting).)
Census May Revise Proposed Additions, Revisions to AES Date Elements
According to Census, changes to its proposed addition or revision of certain data elements are also being considered as a result of the comments received.
(See ITT’s Online Archives or 03/04/11 news, 11030426, for BP summary listing all nine parts of the summary of Census’ proposed rule.)
Census presentation available by emailing documents@brokerpower.com.