Census Post-Departure "Option 4" Proposed Rule Expected Soon, Etc.
At the December 8, 2010 meeting of the Bureau of Industry and Security’s Regulations and Procedures Technical Advisory Committee, Census Bureau officials discussed various export-related issues, including post-departure filing (Option 4) and Census training of U.S. Customs and Border Protection port staff on penalties.
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Highlights of the meeting include the following:
FTR Proposed Rule on Option 4, Etc. Expected in Dec 2010/Jan 2011
Census has received concurrence from the Department of Homeland Security and the State Department on its proposed rule to revise the Foreign Trade Regulations (FTR) by clarifying the FTR, addressing post-departure filing1 (Option 4), etc. Census has also received comments on the proposed rule from the Commerce Department’s Office of the General Counsel and has drafted a response. Census officials plan to soon meet with DHS officials to finalize details on the rule’s most controversial provision -- changes to post-departure filing (Option 4). Census anticipates that its proposed rule will be published in late December 2010 or early January 2011.
Census has previously stated that when the proposed rule is published, it is expected to have at least a 60-day comment period.
Proposal Would Revise Option 4, No “Grandfathering” Expected
According to Census officials, the proposed rule would revise the process for participating in post-departure filing. Post-departure filing would be expected to be limited to certain commodities. It is also expected that all current Option 4 participants would have to re-apply (i.e., no grandfathering).
(Census’ moratorium on the acceptance of new letters of intent (LOI) to participate in post-departure filing has been in place since August 2003 and, as a result, post-departure filing is limited to currently approved USPPIs. See ITT’s Online Archives or 08/26/03 news, 03082610, for BP summary on Census’ suspension of acceptance of AES post-departure filing LOIs.)
Census Plans to Continue CBP Port Training on FTR and Penalties in 2011
Census has been conducting port visits with Customs and Border Protection officers in order to provide them with training on the Foreign Trade Regulations. Census has conducted 16 such ports visits and is in the process of planning for additional visits in 2011.
Census has been working with CBP on various issues related to the interpretation and enforcement (including penalties) of the FTR in response to concerns expressed by the trade regarding overzealous enforcement and penalties, incorrect interpretations, etc.
1Post-departure filing currently provides for the electronic filing of the required data elements for all shipments (other than those for which pre-departure filing is specifically required) by all methods of transportation, no later than ten calendar days from the date of exportation.