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whether such shipments are made to one or several consignees.

[41 FR 42645, Sept. 28, 1976]

from the requirement of $30.6 that a separate Shipper's Export Declaration be filed for each shipment.

(b) Application for certification and approval to file shipper's export data electronically using the Automated Export System (AES) can be made directly to the Census Bureau in accordance with the provisions specified in $30.60. Certification and approval procedures and qualification standards for filing shipper's export data electronically are contained in 8 30.62.

(c) Authorization for other alternative methods of filing shipper's export information will be issued only when, in the judgment of the Census Bureau, complete and accurate information will be available on a prescribed basis from the records of the applicant and where the alternate filing method for shipments represents a reduction of reporting cost or burden. Where export control is a consideration, such authorizations will be granted only when, in the judgment of the appropriate controlling government agency, the applicant has demonstrated that it has established adequate internal operating procedures and has taken other satisfactory safeguards to assure compliance with export control regulations of the appropriate government agency or agencies.

830.41 "Split shipments” by air.

When a shipment by air covered by a single Shipper's Export Declaration is divided by the exporting transportation company at the port where the declaration is filed, and part of the shipment is exported on one aircraft and part on another aircraft of the same transportation company, the following procedure shall apply:

(a) The carrier will deliver the manifest copy of the declaration to the District Director of Customs with the manifest covering the flight on which the first part of the split shipment is exported, and will make no changes or the declaration. However, the manifest will show in the "number of packages' column the actual portion of the de clared total quantity being carried and will carry a notation to indicate "Split Shipment.

(b) On each subsequent manifest cov ering a flight on which any part of split shipment is exported, a prominen notation "SPLIT SHIPMENT”, will be made adjacent to the item on th manifest for ready identification. Fo the last shipment the notation wil read “SPLIT SHIPMENT, FINAL.” Each subsequent manifest covering part of a split shipment shall also shov in the “number of packages” columi only the merchandise carried on tha particular flight and a reference to th total amount originally declared fo export, e.g., 5 of 11, or 5/11; and imme diately following the line showing th portion of the split shipment carried oi that flight, a notation will be mad showing the air waybill number showi on the original Shipper's Export Dec laration and the portions of the origi nally declared total carried on eacl previous flight together with the num ber and date of each such previou flight, e.g., original Shipper's Export Declaration AWB 123; 2 of 11 flight 36A June 6; 4 of 11, flight 40X, June 10.

[64 FR 40976, July 28, 1999]

830.40 Single declaration for multiple

consignees. As a further exception to the requirements of $30.6, shipper's are authorized, subject to the approval of the Customs Director, to file one Shipper's Export Declaration (in duplicate) for all shipments, other than those made to U.S. Government agencies, offices, establishments, or representatives of any of these which are laden on one vessel or aircraft and destined to go to one port in Puerto Rico, the Virgin Islands of the United States, or the Canal Zone. For such shipments no consignee information needs to be furnished

(C) Export declarations will not be re- 830.52 Special exemptions for shipquired for these subsequent shipments. ments to the U.S. armed services.

Shipper's Export Declarations are Subpart D-Exemptions from the

not required for the following types of Requirements for the Filing of shipments to the U.S. armed services: Shipper's Export Declarations (a) All commodities, whether shipped

commercially or through government 30.50 Procedure for shipments ex- channels, consigned to the U.S. armed

empt from the requirements for services for their exclusive use, includShipper's Export Declarations.

ing shipments to armed services exExcept as provided below, where an

change systems. (This exemption does xemption from the requirement for

not apply to shipments which are for he filing of a Shipper's Export Dec

the ultimate use of the U.S. armed aration is provided in this subpart, a

services but which are not consigned to

the U.S. armed services. However, spelotation describing the basis for the xemption shall be made on the bill of

cial exceptions to the requirements of ading, air waybill, or other loading

these regulations which may in some locument for carrier use, with a ref

circumstances apply to shipments for

the ultimate use of the U.S. armed rence to the number of the section in

services but not so consigned are prohis part where the particular exemp

vided in 8 30.37.) ion is provided so that the carrier at

(b) Department of Defense Military he time of lading, and the Customs Di

Assistance Program Grant-Aid shipector at the time of exportation, may

ments being transported as Departserify that no declaration is required.

ment of Defense cargo under the provif none of the above named documents

sions of Customs Circular Letters VESs used, the person transporting the

5-MA, March 8, 1954, (MC 133), VES-5nerchandise must be prepared to iden- MA, June 17, 1954 (MC 133 S.1), VES-5 ify to the Customs Director at the MA, May 24, 1956 (MC 133 S.2) and RESjort of exportation, at the time of ex- 20-MC, January 25, 1960 (CC 76). Under portation but prior to departure, any arrangements with the Department of nerchandise which is exempt from the Defense, information on these ship'equirement for the filing of a Ship- ments for inclusion in U.S. export stapers’ Export Declaration and explain to tistics will be furnished directly to the che Customs Director the basis for the Bureau of the Census by the Departxemption. Where shipments are ex- ment of Defense. This exception from mpt from the requirement for Ship- the filing of Shipper's Export Declaraper's Export Declarations on the basis tions does not apply to Military Assistof value and destination, the appear

ance Program Grant-Aid shipments to ance of the value and destination on

which a foreign government has taken the bill of lading, air waybill, or other

title before exportation or

to any loading document for carrier use, shall

Grant-Aid Military-Aid Program shipbe acceptable as evidence of the exemp

ment moving in any manner other than tion, and no reference need be made to

as Department of Defense cargo. (See

$30.37 for possible exceptions to the full the particular section of these regula

reporting requirements of $30.7 for certions where the exemption is provided.

tain military sales shipments not ex$30.51 Government shipments not

empt from the requirement for the generally exempt.

Shipper's Export Declaration.) Except as provided below in this sub

$ 30.53. Special exemptions for certain part, Shipper's Export Declarations are shipments to U.S. Government required for exports by or to U.S. Gov- agencies and employees. ernment agencies, whether not Shipper's Export Declarations are shipped on a Government bill of lading. not required for the following types of No general exemption is provided for shipments to U.S. Government agenGovernment shipments, as such.

cies and employees:

or

311

190-044

D-00--11

(a) Office furniture, office equipment, and office supplies shipped to and for the exclusive use of U.S. Government offices.

(b) Household goods and personal property shipped to and for the exclusive and personal use of U.S. Government employees.

(c) Food, medicines, and related items and other commissary supplies shipped to U.S. Government offices or employees for the exclusive use of such employees, or to U.S. Government employee cooperative or other associations for subsequent sale or other distribution to such employees.

(d) Books, maps, charts, pamphlets, and simila articles shipped by U.S. Government offices to U.S. or foreign libraries, government establishments or similar institutions.

(e) All commodities shipped to and for the exclusive use of the Panama Canal Zone Government or the Panama Canal Company.

830.54 Special exemptions for mail

shipments. Shipper's Export Declaration are not required for the following kinds of shipments by mail:

(a) Shipments (except shipments requiring a validated export license) where one or more of the following conditions are present:

(1) Either the consignor or the consignee is not a business concern.

(2) The shipment is valued at $500 or under.

(3) The goods are not mailed for commercial consideration.

(b) Technical data regardless of value, licensing requirements, and the other criteria set forth in paragraph (a) of this section.

(b) Human remains and accompanying appropriate receptacles and flowers.

(c) Shipments from one point in the United States to another thereof by routes passing through Mexico.

(d) Shipments from one point in Mexico to another point thereof by routes through the United States.

(e) Shipments, other than by vessel, or merchandise for which no validated export licenses are required, transported in bond through the United States, and exported from another U.S. port, or transshipped and exported directly from the port of arrival.

(f) Shipments to foreign libraries, government establishments, or similar institutions, as provided in 830.53(d).

(8) Shipments of single gift parcels as encompassed by Office of Export Administration General License GIFT.

(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 consigned 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 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.

(2) This exemption does not apply to shipments:

(i) Exported through the U.S. Postal Service (See 830.54).

(ii) Requiring a Department of Commerce validated export license (Individual, Project, Distribution, and Service Supply) (15 CFR, parts 772 and 773).

(iii) Requiring a Department of State, Office of Defense Trade Controls export license under the International Traffic in Arms Regulations (ITAR-22 CFR, parts 121-130).

(13 U.S.C. 302; 5 U.S.C. 301; Reorganization Plan No. 5 of 1950, Department of Commerce Order No. 35–2A, Aug. 4, 1975, 40 FR 42765) (41 FR 9134, Mar. 3, 1976, as amended at 44 FR 38833, July 3, 1979]

830.55 Miscellaneous exemptions.

Shipper's Export Declarations are not required for the following kinds of shipments:

(a) Diplomatic pouches and their contents.

cor

(iv) Subject to the ITAR but exempt from license requirements.

(v) Requiring a Department of Justice, Drug Enforcement Administration export permit (21 CFR, part 1312). This exemption shall be conditioned upon the filing of such reports as the Bureau of the Census shall periodically require to compile statistics on $2500 and under shipments.

(i) Shipments of interplant respondence, executed invoices and other documents, and other shipments of company business records from a U.S. firm to its subsidiary or affiliate.

(j) Shipments of pets as baggage, accompanied or unaccompanied, of persons leaving the United States, including members of crews on vessels and aircraft.

(k) Shipments for use in connection with NASA tracking systems under Office of Export Administration Project License DL-5355-S.

(1) Shipments of aircraft parts and equipment, and food, saloon, slop chest, and related stores, provisions, and supplies for use on aircraft, by a U.S. airline to its own installations, aircraft, and agents abroad, under Department of Commerce, Office of Export Administration General License RCS.

(m) Shipments for use in connection with NOAA operations under the Office of Export Administration General License G-NOAA. (13 U.S.C. 302; 5 U.S.C. 301; Reorganization Plan No. 5 of 1950, Department of Commerce Order No. 35–2A, Aug. 4, 1975, 40 FR 42765) (41 FR 9134, Mar. 3, 1976, as amended at 47 FR 7214, Feb. 18, 1982; 55 FR 21187, May 23, 1990; 55 FR 49615, Nov. 30, 1990; 63 FR 45697, Aug. 27, 1998]

(1) Usual and reasonable kinds and quantities of wearing apparel, articles of personal adornment, toilet articles, medicinal supplies, food, souvenirs, games, and similar personal effects and their containers.

(2) Usual and reasonable kinds and quantities of furniture, household effects, household furnishings, and their containers.

(3) Usual and reasonable kinds and quantities of vehicles, such as passenger cars, station wagons, trucks, trailers, motorcycles, bicycles, tricycles, perambulators, and their containers. Provided, That the above-indicated baggage and personal effects (i) shall include only such articles as are owned by such person or members of his immediate family; (ii) shall be in his possession at the time of or prior to his departure from the United States for the foreign country; (iii) are necessary and appropriate for the use of such person or his immediate family; (iv) are intended for his use or the use of his immediate family; and (v) are not intended for sale.

(b) Tools of trade are usual and reasonable kinds and quantities of commodities and software, and their containers, that are intended for use by individual exporters or by employees or representatives of the exporting company in furthering the enterprises and undertakings of the exporter abroad. Commodities and software eligible for this exemption are those that do not normally require an export license or that are exported without a license as specified in 15 CFR 740.9 of the EAR (15 CFR chapter VII, subchapter C) and are subject to the following provisions:

(1) Are owned by the individual exporter or exporting company;

(2) Accompany the individual exporter, employee or representative of the exporting company;

(3) Are necessary and appropriate and intended for the personal and/or business use of the individual exporter, employee or representative of the company or business;

(4) Are not for sale; and

(5) Are returned to the United States no later than one year from the date of export.

$30.56 Conditional exemptions.

Shipper's Export Declarations are not required for the following classes of commodities when they are not shipped as cargo under a bill of lading or an air waybill and do not require a validated export license, but the exporter should be prepared to make oral declaration to the Customs Director, if required:

(a) Baggage and personal effects, accompanied or unaccompanied, of persons leaving the United States, including members of crews on vessels and aircraft, such as:

(whether or not shipped under a bill of lading or an air waybill) the Shipper's Export Declaration must identify the shipment as baggage, personal effects, etc., and must contain all the information normally required for any exportation made under a validated export license, i.e. complete commodity description, license number, Schedule B number, quantity, value, etc.

(c) Carriers' stores (including merchandise carried in ships aboard carriers for sale to passengers), supplies, and equipment for departing vessels, planes, or other carriers, including usual and reasonable kinds and quantities of bunker fuel, deck engine and steward department stores, provisions and supplies, medicinal and surgical supplies, food stores, slop chest articles, and saloon stores or supplies for use or consumption on board and not intended for unlading in a foreign country, and including usual and reasonable kinds and quantities of equipment and spare parts for permanent use on the carrier when necessary for proper operation of such carrier and not intended for unlading in a foreign country. Hay, straw, feed, and other appurtenances necessary to the care and feeding of livestock while enroute to a foreign destination are considered part of carriers' stores of carrying vessels, trains, planes, etc.

(d) Dunnage of usual and reasonable kinds and quantities necessary and appropriate to stow or secure cargo on the outgoing or any immediate return voyage of an exporting carrier, when exported solely for use as dunnage and not intended for unlading in a foreign country. [41 FR 9134, Mar. 3, 1976, as amended at 62 FR 49437, Sept. 22, 1997)

830.58 Exemption for shipments from

the United States to Canada. (a) Except as noted in paragraph (c) of this section, shipments originating in the United States where the country of ultimate destination (see $ 30.7(i)) is Canada are exempt from the Shipper's Export Declaration requirements of this part. This exemption also applies to shipments from one point in the United States or Canada to another point thereof by routes passing through the other country.

(b) The Harbor Maintenance Fee applies to shipments by vessel exempt from Shipper's Export Declaration requirements by virtue of being destined to Canada.

(c) This exemption does not apply to the following shipments: (The Bureau of the Census also reserves the right to reinstate the Shipper's Export Declaration requirements of this part in specific instances for the purpose of ensuring statistical accuracy.)

(1) Requiring a Department of Commerce validated export license.

(2) Requiring a Department of State, Office of Defense Trade Controls, export license under the International Traffic in Arms Regulations (ITAR-22 CFR parts 121–130).

(3) Subject to the ITAR but exempt from license requirements.

(4) Requiring a Department of Justice, Drug Enforcement Administration, export declaration (21 CFR part 1313).

(5) For storage in Canada but ultimately destined for third countries, the specific country of destination being unknown at the time of export to Canada (see $30.39 for reporting requirements). (55 FR 49615, Nov. 30, 1990)

830.57 Information on export declara

tions for shipments of types of goods covered by 830.56 not condi. tionally exempt. (a) In those cases where Shipper's Export Declarations are required for articles enumerated in $30.56 (a) through (d) only by virtue of their being shipped under a bill of lading or an air waybill (no validated license is required) the export declaration should clearly show in the column for commodity description, in lieu of the complete commodity description a statement that the shipment consists of baggage, personal effects, household effects, ship's stores, crew's effects, or as appropriate. In such cases, Schedule B commodity numbers should not be shown on the declarations.

(b) In those cases where the articles enumerated in $30.56 (a) through (d) require a validated export license

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