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U.S. CENSUS, BXA TO RELEASE PROPOSED DEFINITION OF EXPORTER

U.S. CENSUS, BXA TO RELEASE PROPOSED DEFINITION OF EXPORTER

   The U.S. Commerce Department’s Census Bureau and Export Administration
will simultaneously release their proposed definitions of exporter on Monday, Oct. 4.
   The definitions are similar in nature but different in terms of their
applications.
   Census says the purpose for new definition is to improve the quality of
trade data collected from shippers export declarations. The Export
Administration says its revisions will further help to enforce Commerce’s
export regulations.
   Under the new proposed rules, the exporter or seller of cargo ("U.S.
principal party in interest" or Box 1A of the shippers export declaration)
is responsible for supplying Census with commodity data, such as Schedule B numbers,
quantity, value and shipping weight. The forwarder must also provide transportation data.
The forwarder may fill out the entire export declaration if it has written permission from
the exporter.
   The Export Administration said its revised rules will allow the
forwarder or agent of a foreign buyer to be the exporter and apply for a
license.
   "This is it," said Jerome M. Greenwell, chief of regulations,
outreach
and education for Census’ Foreign Trade Division. "Our position has not
changed on this."
   In developing the new rule, Census and BXA considered about 55 negative
comments received on the original rule released back in August 1998. Some of the
recommendations were incorporated into the new rules, such as the use of a former power of
attorney or written authorization to file export declarations.
   "We made the three parties in an export transaction work together — the
U.S. prinicipal parties in interest, the freight forwarders and the
consignees," Greenwell said. "We identified the data fields that each party is
required to provide."
   The industry will have 60 days to comment on the proposed rules. Census and
the Export Administration plan to hold a series of meetings with the industry during the
comment period. The agencies hope to present a final rulemaking by early next year.