Imágenes de páginas

feet should not be ignored but should (4) On the Shipper's Export Declarabe reported as “less than one-half M tion in the column headed “Specify ‘D' bd. ft.”.)

or 'F'," domestic merchandise shall be (0) Gross (shipping) weight. In ad- identified by the designation “D” and dition to specifying the net quantity in foreign merchandise shall be identified the units required by Schedule B, the by the designation "F.” On

the gross shipping weight in pounds, includ- Shipper's Export Declaration for Ining the weight of containers, shall be Transit Goods, Form 7513, one of the shown for all shipments by vessel and following statements, whichever is apair. However, for containerized cargo in propriate, shall be shown across the body lift vans, cargo vans, or similar substan- of the form within columns 1 through 6: tial outer containers, the weight of such (i) For in-transit shipments of domestic containers should not be included in the (United States) merchandise, “The mergross weight of the commodities. II chandise described herein is of the gross shipping weight information is not growth, production or manufacture of available for individual Schedule B items the United States;” and (ii) for infor the reason that commodities covered transit shipments of foreign merchanby more than one Schedule B number dise, “The merchandise described herein are contained in the same shipping con- is of foreign origin.” tainer, approximate shipping weights, (q) Value. (1) In general, value shall estimated as accurately as is practicable, be reported on the Shipper's Export Decmay be shown on the Shipper's Export laration in accordance with the definiDeclarations for each Schedule B item in tion at the top of the value column on the the container. The total of the esti- regular Shipper's Export Declaration mated weights must equal the actual (Commerce Form 7525-V): “Value at shipping weight of the entire container U.S. Port of Export (Selling price or cost or containers and contents. Gross ship- if not sold, including inland freight, inping weight is not required for shipments surance and other charges to U.S. port by mail or for shipments by methods of of export) (Nearest whole dollar; omit transportation other than vessel or air. cents figures).” “Selling price" for goods

(p) “D(Domestic) or F(Foreign). exported pursuant to sale is the ex(1) The export declaration covering ex- porter's price to his customer net of any ports to foreign countries shall show for- unconditional discounts from list price, eign goods separately from goods of do- but without deducting any discounts mestic production. Exports of foreign which are conditional upon a particular merchandise include those commodities act or performance on the part of the which are the growth, produce, or manu- customer. Commissions to be paid by a facture of foreign countries which en- U.S. exporter to his agent abroad, or to tered the United States as imports and be deducted from the selling price by the which at the time of exportation have

exporter's agent abroad should be exundergone no change in form or condi- cluded. For goods shipped on consigntion or enhancement in value by further

ment without a sale actually having been manufacture in the United States, Puerto

made at the time of export, the "selling Rico, or U.S. Possessions.

price" to be reported on the Shipper's

Export Declaration is the market value (2) Exports of domestic merchandise

at the time of export at the United include those commodities which are the

States port from which exported. growth, produce, or manufacture of the

(2) The value reported on the United States, Puerto Rico, or U.S. Pos

Shipper's Export Declaration shall exsessions (including commodities incorpo- clude: The cost of loading on the exportrating foreign components), and those ing vessel, aircraft, car or vehicle at the articles of foreign origin which have been port of exportation; freight, insurance, enhanced in value or changed from the and any other charges or transportaform in which imported by further tion costs beyond the port of export; and manufacture or processing in the United any duties, taxes, or other assessments States, Puerto Rico, or U.S. Possessions. imposed by foreign countries. The value

(3) The above distinction between do- reported shall include inland or domestic mestic and foreign merchandise is in- freight or other charges to the seaport, tended only for use in reporting on the airport, or border port of exportation. Shipper's Export Declaration and is in- (3) The value to be reported as defined tended for statistical purposes only.

above is (or is equivalent to) an f.a.s. (Free alongside ship) value. Therefore, $ 30.8 Additional information required where goods are sold f.o.b. a U.S. point on Shipper's Export Declaration for other than the port of exportation,

In-Transit Goods (Form 7513). freight, insurance, and other costs to In addition to the information required the border, sea, or airport of exportation under $ 30.7, the following information shall be added to the selling price (as shall be shown on the Shipper's Export defined above) for purposes of reporting Declaration for In-Transit Goods, Form value on the Shipper's Export Declara- 7513: tion. If the actual amount of such do

(a) U.S. port of arrival. The U.S. mestic costs is not available, an esti

port at which the merchandise covered mate of the domestic costs shall be

by the declaration arrived from a foreign added. Where goods are sold at a “de

country shall be shown. livered" price, c.i.f. foreign destination,

(b) Country from which shipped. the cost of loading on the exporting car

The name of the foreign country where rier at the port of exportation, if any, and

the goods were loaded on the carrier freight, insurance, and other costs be

which transported the merchandise to yond the port of exportation should be the United States from a foreign country subtracted from the price for purposes of

shall be indicated. reporting value on the Shipper's Export

(c) Date of arrival. The date on Declaration, If the actual amount of

which the merchandise arrived in the such costs is not available, an estimate

United States shall be entered. of the costs should be subtracted. Costs

(d) Country of origin. The name of added to or subtracted from the selling

the country of origin as defined in $ 30.70 price in accordance with the above in

(f) shall be indicated. structions should not be itemized or shown separately on the Shipper's Export

§ 30.9. Requirements for separation and Declaration, but the value reported

alignment of items on Shipper's Ex. should be the value after the making of

port Declarations. such adjustments, where they are re- For each Schedule B classification (see quired to arrive at "value at U.S. port of § 30.7(1)) for which merchandise is inexport." In the expression of values in cluded in the shipment, a separate item export declarations, fractions of a dollar shall be shown on the Shipper's Export less than 50 cents should be ignored, and Declaration and the separate descripfractions of 50 cents or upward should be tion of commodities, shipping weight, counted as $1.

"D" or "F" designation, Schedule B com(4) For definitions of the value to be modity number, net quantity and value shown on the Shipper's Export Declara

for the item shall be correctly aligned tion for special types of transactions

horizontally, and clearly distinguishable where the commodities are not being

from information applying to other

Schedule B items on the same declaraexported pursuant to commercial sales, or where subsidies, Government financ

tion. However, where merchandise

covered by a single Schedule B classificaing or participation, or other unusual

tion is moving under more than one genconditions are involved, see § 30.30.

eral license, under more than one vali(r) Date of exportation. Informa

dated export license, or under a validated tion as to date of exportation is not export license which shows two or more required to be reported for shipments listings for the same Schedule B number, by vessel or by mail. For other ship- a separate item shall be shown on the ments, the date of departure (or date Shipper's Export Declaration for each of clearance, if date of departure is not license or for each listing on the license. known) shall be shown on the Shipper's

For merchandise moving under validated Export Declaration the date of

license, information required by export exportation.

control regulations as to export license (s) Designation of agent and signa

number and expiration date, and inforture. For information regarding the use

mation as to whether the export is a of the space provided on Form 7525-V

partial or complete shipment against the

license, shall be shown immediately and 7525–V-Alternate for authorization of agent, and for requirements as to

5 See $ 30.6 for prohibition against reportsignature, see § 30.4.

ing general license commodities on the same 131 F.R. 11367, Aug. 27, 1966, as amended Shipper's Export Declaration with commodi. at 32 20805, Dec. 27, 1967)

ties moving under a validated license.


below the corresponding description of 30.8, and for other purposes under the commodities on the Shipper's Export regulations in this part, Customs is auDeclaration. Where two or more items thorized to require the owners and operare classified under the same Schedule B ators of exporting carriers, as well as number and moving under the same gen- the exporters or their agents, either at eral license, or where no license is re- the time of exportation or within a period quired, the quantities, values and ship- of 3 years subsequent thereto, to produce ping weights of such invoice items, for inspection or copying shipping docuwherever practical, should be combined ments, invoices, orders, packing lists, and the information shown on a single correspondence, as well as any other horizontal line of the Shipper's Export relevant documents and to furnish other Declaration. Commodities of U.S. man- information bearing upon a particular ufacture incorporating foreign compo- exportation. The Bureau of the Census nents shall be reported under the similarly authorized to require the Schedule B number for the exported production of such documents. Customs commodity, and a separate item shall shall refuse to accept Shipper's Export not be shown for the imported compo- Declarations containing known errors nents. If the exporter desires to record and omissions, and may require their the imported components separately on correction, but acceptance by the Custhe export declaration for purposes of toms Director shall not be construed as identification with a temporary import evidence that all requirements have been bond, a notation may be made in column met, and such acceptance shall not re10 as to the imported components which lieve the exporter of the responsibility have been incorporated in the exported to furnish complete and correct informacommodity. In the preparation of the tion at a later time if all requirements export declaration, shippers shall con- have in fact not been properly met. form to the line spacing on all copies.

8 30.12 Time and place Shipper's Ex$ 30.10 Continuation sheets for Ship- port Declarations required to be preper's Export Declaration.

sented. When more horizontal lines than the For shipments by il, the Shipper's number provided on the Shipper's Ex- Export Declaration as required in § 30.1 port Declaration form are required to shall be presented to the Postmaster list all of the merchandise covered by with the packages at the time of mailthe declaration, continuation sheets ing. For shipments other than by mail, should be utilized. In lieu of official the Shipper's Export Declaration in the continuation sheets, additional copies number of copies required by $ 30.5 shall of the Shipper's Export Declaration be presented to the Customs Director at form, with no portion torn off or re- the port of exportation, as defined below moved, may be used as continuation in this section. For shipments by vessel or sheets. All continuation sheets shall be air to foreign countries, except Canada, numbered in proper sequence and the Shipper's Export Declaration must be securely stapled to the first sheet, which presented to the Customs Director for aumust be the export declaration itself. thentication in accordance with the proEach continuation sheet shall show the cedure outlined in § 30.14(a), and an Customs port of exportation and the authenticated copy of the Shipper's Excountry of ultimate destination for the port Declaration delivered to the exportshipment. The following statement with ing carrier prior to exportation. With the blank filled in as appropriate, shall respect to such vessel or air shipments, be inserted on the last line of the Ship- it is the duty of the exporter (or his per's Export Declaration itself between agent) to deliver the required number columns 9 and 15:

of copies of the Shipper's Export Declara

tion to the exporting carrier prior to exThis declaration consists of this sheet and continuation sheets.

portation; failure of the exporter (or

his agent) to do so constitutes a vio§ 30.11 Authority to require production lation of the provisions of these regulaof documents.

tions, and renders such exporter (or his For purposes of verifying the complete- agent) subject to the penalties provided ness and accuracy of the information re- for in § 30.95. For all other shipments, exported as required under $$ 30.7 and cept by pipeline, the Shipper's Export

Declaration must be presented in accordSee $ 30.3(b).

ance with the applicable procedures out

lined in § 30.14 (a) or (b) prior to exportation. For exports by pipeline, Shipper's Export Declarations may be presented after exportation, at the end of each month, in accordance with procedures outlined in § 30.14(c). For purposes of these regulations, the port of exportation is defined as the Customs port at which or nearest to which the land surface carrier transporting the merchandise crosses the border of the United States into foreign territory, or, in the case of exportation by vessel or air, the Customs port where the merchandise is loaded on the vessel cr aircraft which is to carry the merchandise to a foreign country or to a nonforeign area of ultimate destination. Except as ctherwise specifically provided,' declarations should not be filed at the place where the shipment originates if it is to be transshipped within the United States area before being dispatched to a foreign country or its final destination in a nonforeign area. This applies to shipments originating in Puerto Rico or the Virgin Islands of the United States being forwarded to the United States for transshipment to another destination, and to shipments originating in the United States and being forwarded to Puerto Rico or the Virgin Islands of the United States for transshipment, as well as to merchandise being transshipped in Customs Districts within the States of the United States. In such cases, the declarations should be filed only with the Customs Director at the actual port of exportation. It is permissible for exporters to arrange for presentation of the declaration by the carrier, as authorized above in this section, and for this purpose the declarations may be delivered by the exporter to the carrier at the original port of lading. (34 F.R. 6183, Apr. 5, 1969, as amended at 36 F.R. 5411, Mar. 23, 1971; 36 F.R. 5839, Mar. 30, 1971] $ 30.13 Who can present Shipper's Ex

port Declarations. The Shipper's Export Declaration shall be presented to the Customs Director (or to the Postmaster in the case of mail shipments) by the exporter or his agent. Declarations duly executed and signed by the exporter or his agent may be presented by a carrier transporting the merchandise but not otherwise

acting as forwarding agent, without specific authorization therefor. $ 30.14 Procedure upon presentation of

Shipper's Export Declarations. (a) Except as provided in paragraph (b) of this section, upon presentation of the required copies to the Customs Director an authenticated copy of the Shipper's Export Declaration will be returned to the exporter or his agent by Customs. Where presentation is made by the exporter or by an agent of the exporter other than the exporting carrier, the authenticated copy so returned shall be delivered to the exporting carrier prior to exportation, to be delivered to the Customs Director by the carrier as a condition for clearance or departure, as provided in $ 30.22. Where the exporting carrier acts as agent of the exporter to present the declarations to Customs, all required copies will be submitted, and the authenticated copy returned by Customs will be delivered again to Customs by the carrier as provided in § 30.22.

(b) For shipments where the ultimate destination is Canada or a nonforeign area, the requirement for advance presentation of the export declaration and subsequent delivery of an authenticated copy by the carrier may be waived in those cases where the exporting carrier acts as agent of the exporter to present the declarations to Customs, unless prior presentation with opportunity to review documents or inspect the merchandise prior to authentication is deemed necessary in order to accomplish the objectives of the regulations in this part and the Customs Director so notifies the carrier. Where the requirements for advance presentation and for delivery of an authenticated copy by the carrier are waived, presentation prior to clearance or departure of the carrier of the required number of copies of the Shipper's Export Declaration by the exporting carrier, acting as agent of the exporter, will satisfy the requirement of this section for presentation by the exporter as well as the requirement of $ 30.22 for presentation by the carrier.

(c) For shipments by pipeline, the Shipper's Export Declaration is not required to be presented prior to exportation, and exportation will be permitted upon the understanding that the exporter or his agent, within four working days after the end of each calendar month, will file with the Customs Director hay

7 For provisions permitting the filing of declarations at other ports, see $ 30.36.

ing jurisdiction for the pipeline, a Shipper's Export Declaration in the number of copies specified in § 30.5 to cover exports to each consignee during the calendar month. If the declaration is presented to the Customs Director by the exporter or an agent of the exporter other than the operator of the pipeline, one copy, authenticated by the Customs Director to show it has been so presented, will be delivered by the exporter or his agent to the pipeline operator for presentation by him to the Customs Director in satisfaction of the requirements of § 30.23. However, if the operator of the pipeline acts as agent of the exporter to present to the Customs Director all required copies of the Shipper's Export Declaration prepared by the exporter or his agent, the initial presentation by the pipeline operator will satisfy both the requirements of this section for presentation by the exporter and the requirements of § 30.23 for presentation by the operator of the pipeline. $ 30.15 Procedure for presentation of

declarations covering shipments from

an interior point. For shipments from an interior point, the Shipper's Export Declaration in the number of copies required in $ 30.5 shall be prepared and delivered by the exporter or his agent to the carrier to accompany the merchandise for presentation by the carrier to the Customs Director at the seaport, airport, or border port of exportation, or it may be mailed (or otherwise forwarded) to, or prepared by, an agent of the exporter for presentation to the Customs Director at the port of exportation. (See $ 30.6 for requirements for a separate set of Shipper's Export Declarations for each car, truck, or other vehicle, covering only the merchandise exported in that car, truck, or vehicle.) $ 30.16 Corrections to Shipper's Export

Declarations. Except for shipments by mail, the shipper or his agent shall prepare and file in duplicate with the Customs Director at the port of exportation a Shipper's Export Declaration Correction Form on Form FT-7403 for all corrections, amendments, or cancellations of Shipper's Export Declarations which are reported after the copies of the declarations have been forwarded by Customs to the Bureau of the Census, or for which the filing of Form FT-7403 is required by

the export control regulations. Other corrections, amendments, or cancellations shall be effected by means of a Correction Form, or shall be noted directly upon the Shipper's Export Declaration. For effecting corrections to Shipper's Export Declarations covering shipments by mail, one copy of the Shipper's Export Declaration Correction Form should be prepared and presented to the Postmaster at the post office where the package was mailed. Correction Forms may be obtained free of charge from the Customs Director. The provisions of this paragraph relating to the filing of a Shipper's Export Declaration Correction Form shall not be construed as a relaxation of the requirements of the laws and regulations pertaining to the preparation and filing of Shipper's Export Declarations. Subpart B-General Requirements

Exporting Carriers § 30.20 General statement of require

ment for the filing of manifests and Shipper's Export Declarations by

carriers. Carriers transporting merchandise from the United States, Puerto Rico, or U.S. Possessions to foreign countries, from the United States or Puerto Rico to American Samoa or to the Virgin Islands of the United States; or between Puerto Rico and the United States, shall not be granted clearance, where clearance is required, and shall not depart, where clearance is not required, until manifests (for vessels, aircraft, and rail carriers) and Shipper's Export Declarations have been filed with the Customs Director as speci. fied below, except as provided in § 30.24. Where for reasons beyond the control of the exporting carrier, a given declaration (or declarations) has not been received prior to exportation or departure, and the merchandise has been laden, such carrier shall not as a result of this circumstance be required to offload the merchandise, or to delay its clearance (where clearance is required) or departure (if clearance is not required). However, the provisions of § 30.24 remain applicable. 135 F.R. 4948, Mar. 21, 1970, as amended at 36 F.R. 5412, Mar. 23, 1971) § 30.21 Requirements for the filing of

manifests. (a) Vessels. Vessels transporting merchandise as specified in § 30.20 (except vessels exempted by paragraph (d) of

« AnteriorContinuar »