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Trade Alert

 U.S. to enforce Mandatory Electronic Export Declarations October 1st

(Toronto, September 29, 2008)… U.S. Customs will begin to enforce the mandatory filing of Electronic Export Information (EEI) declarations, part of the Automated Export System (AES), on October 1, 2008.

Most shipments originating from the U.S. and destined for Canada are exempt from this EEI filing, however, goods exported under the following conditions will still require the AES filing:

  • Sent to Canada for storage, but ultimately destined for other countries.
  • Moving through Canada to a third destination.
  • Requiring a Department of State export license.
  • Subject to the International Traffic in Arms Regulations (ITAR), but exempt from license requirements.
  • Requiring a Department of Commerce, Bureau of Industry and Security export license.
  • Rough diamonds.

Even when an export declaration is not required under AES, the first page (top right hand legend) of the bill of lading, air waybill or other commercial loading document must indicate the AES applicable exemption number.  The applicable exemption for goods destined for Canada is 30.36.  The complete regulation and list of AES exceptions can be found in the Federal Register:
edocket.access.gpo.gov/2008/pdf/E8-12133.pdf (refer to page 31555 for exception lists).

For shipments destined to Canada that do not require AES filing, the documents must state "NO EEI 30.36" to advise the carrier and U.S. Customs of the AES exemption.

For more information, please contact Brian Rowe, General Manager – Customs Consulting Services (905) 882-4880.

 

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