DMM Revision: Updated U.S. Census Requirements When Sending Shipments Between or to U.S. Territories, Possessions, and Freely Associated States

Effective November 2, 2009, the Postal Service™ is revising Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM®) 608 to comply with specific Foreign Trade Regulations issued by the U.S. Census Bureau when sending shipments between or to U.S. territories, possessions, and Freely Associated States.

A Federal Register final rule published September 4, 2009 (74 FR 45763–45765) details the new Foreign Trade Regulations mandating that electronic export information (EEI) be filed when goods in a shipment are valued at more than $2,500 or require an export license under U.S. law. You can read the entire Federal Register article on Postal Explorer® at http://pe.usps.com.

Subject to certain exceptions, and also effective November 2, 2009, customers mailing goods between or to U.S. territories, possessions, and Freely Associated States are responsible for providing an Exemption and Exclusion Legend, Proof of Filing Citation (PFC), or Automated Export System (AES) Downtime Citation on the applicable Customs declaration form. Federal Trade Regulations establish civil and criminal penalties for customers who fail to electronically file their export information when required, or to comply with the Foreign Trade Regulations in any other way. Goods mailed to APO/FPO/DPO (DMM 703.2) addresses are not subject to this standard.

Additional information concerning electronic filing, Exemption and Exclusion Legends, PFCs, AES Downtime Citations, and proper placement of this information on required Customs declarations forms are provided as fol­lows:

Requirements for Sending Shipments between or to U.S. Territories, Possessions, and Freely Associated States

Subject to exemptions and exclusions, customers mail­ing certain shipments containing goods between the United States, Puerto Rico, and the U.S. Virgin Islands, or from the United States to the Freely Associated States (Republic of the Marshall Islands, Federated States of Micronesia, and Republic of Palau), are responsible for fil­ing EEI with the Census Bureau and for providing a PFC or AES Downtime Citation. In addition, in circumstances where a Customs declaration form is used today on certain parcels, an Exemption or Exclusion Legend should appear, provided a PFC or AES Downtime Citation is not applica­ble. Goods mailed to APO/FPO/DPO addresses are not subject to these standards.

Electronic Export Information Filing and Proof of Filing Citation

The Census Bureau’s requirements for electronic filing of export information apply to certain shipments:

1. From the United States to Puerto Rico or the U.S. Virgin Islands.

2. From Puerto Rico to the United States or U.S. Virgin Islands.

3. From any U.S. location to the Freely Associated States.

Subject to exemptions and exclusions, electronic filing of export information and a PFC are required when:

1. Any type of goods in the package (per Schedule B Export Codes at http://www.census.gov/foreign-trade/schedules/b) is valued at more than $2,500.

2. The package requires an export license, if sent to one of the Freely Associated States. To determine if an export license is required, go to http://www.ex­port.gov/regulation/index.asp or call 800-USA-TRAD(E).

In these circumstances, it is the mailer’s responsibility to electronically file export information before mailing; a paper Shipper’s Export Declaration (SED) is no longer accepted. EEI is filed through the U.S. Census Bureau’s AES or AESDirect website utilizing the following steps:

n Log on to www.aesdirect.gov and follow the instructions for registering and completing the AES Certification Quiz.

n The “Port of Export” code for shipping through the Postal Service is “8000.”

n The “Mode of Transport” is “Mail.”

n The carrier should be left as “SCAC/IATA,” and the conveyance name fields should remain blank.

n After the mailer has successfully filed the EEI, the mailer will be provided with an alphanumeric Internal Transaction Number (ITN) as confirmation. When mailing, the PFC will consist of the letters “AES” fol­lowed by the ITN: for example, “AES X20080930987654.”

Note: If the AES system is down, call 800-549-0595, option 1.

AES Downtime Citation

If export information filing is required but AES or AESDirect is unavailable, the goods may be shipped but the mailer is responsible for providing the appropriate AES Downtime Citation. This citation includes the word “AESDOWN,” the mailer’s AES filer identification number, and the date: for example, “AESDOWN 123456789 09/30/2009.”

Exemption and Exclusion Legends

For items that bear a Customs declaration form as defined in Domestic Mail Manual 608.2.4, and when a PFC or an export license is not required, customers should enter one of following exemption codes on the Customs declara­tion form:

n Regardless of value, for all goods shipped to, from, or between the following U.S. Territories, use “NOEEI 30.2(d)(2)”:

n American Samoa.

n Guam Island.

n Northern Mariana Islands.

n For items destined to the Freely Associated States, customers may apply “NOEEI 30.37(a)” if the value of each class of goods is $2,500 or less.

Exemption or Exclusion Legends cannot be applied to packages that require an export license. In such cases, customers mailing goods are responsible for filing, or attempting to file, EEI through the AES website, and apply­ing a PFC or AES Downtime Citation to the Customs dec­laration form.

Entering Required PFC, AES Downtime Citation Placement, or Exemption and Exclusion Legend

When required, customers should legibly write the PFC, AES Downtime Citation, or Exemption and Exclusion Legend as follows when a Customs declaration form is used on a package under DMM 608.2.4:

n On PS Form 2976-A, Customs Declaration and Dispatch Note CP72 (large white form), customers should write one Exemption or Exclusion Legend, PFC, or AES Downtime Citation in Block 11.

n On older versions of PS Form 2976-A printed prior to January 2009, customers should write one Exemption or Exclusion Legend, PFC, or AES Downtime Citation at the top of the form or in any clear space. Avoid writing over the barcode on the form.

n If no Customs declaration form is required (e.g., items sent between the United States, Puerto Rico, and the U.S. Virgin Islands), no other action for recording the Exemption or Exclusion Legend, PFC, or AES Downtime Citation on the package is required.

Responding to Customer Questions

Customers needing further assistance with AES filing requirements should contact the U.S. Census Bureau on its toll-free hotline at 800-549-0595:

n Option 1 — AES Assistance.

n Option 2 — Commodity Classification Assistance.

n Option 3 — Regulatory Assistance.

The Commerce Department’s, export Administration Regulations, contain all the required processes, and additionally provide explanations in part 740 and in Supplement 1, and can be found on their website at http://access.gpo.gov/bis/ear/pdf/740.pdf.

Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM)

* * * * * 

600 Basic Standards for All Mailing Services

* * * * * 

608 Postal Information and Resources

* * * * * 

2.0 Domestic Mail

* * * * * 

2.4 Customs Forms Required

[Redesignate the text in existing 2.4 as 2.4.1 and title as “Priority Mail Weighing 16 Ounces or More” and insert new 2.4.2 as follows:]

2.4.2 Freely Associated States — Items Requiring an Export License

Items sent to the Freely Associated States listed in DMM 608.2.2 that require an export license under 608.2.5.8, regardless of weight or class of mail, always require a PS Form 2976-A.

[Insert new 2.5 to read as follows:]

2.5 Foreign Trade Regulations — U.S. Department of Commerce, U.S. Bureau of the Census

This section describes the various U.S. Department of Commerce, U.S. Bureau of the Census requirements when shipping goods to, from, and between U.S. territories, pos­sessions, and Freely Associated States. Shipments to APO/FPO/DPO addresses are not subject to these require­ments. Customers may be subject to civil and criminal pen­alties if they fail to electronically file their export information when required, or if they fail to comply with the Foreign Trade Regulations in any other way. Refer to IMM 520 for additional standards about the Census Bureau’s require­ments.

2.5.1 Mandatory Electronic Filing — U.S. Territories, Possessions, and Freely Associated States

Under the authority of 13 U.S.C. Chapter 9, as amended by the Foreign Relations Authorization Act of 2002, P.L. 107–228, U.S. Census Bureau regulations require elec­tronic filing of export information through the U.S. Census Bureau’s Automated Export System (AES) or AESDirect website for certain shipments of goods. Electronic filing of export information is required when any of the following applies, subject to certain exemptions and exclusions (see DMM 608.2.5.4):

a. The item requires an export license under U.S. law when sent to the Freely Associated States. See DMM 608.2.5.5 and DMM 608.2.5.6.

b. One or more classes of goods (per Schedule B Export Codes at www.census.gov/foreign-trade/schedules/b) within the item is valued at more than $2,500, and the item is mailed as follows:

1. From Puerto Rico to the United States or U.S. Virgin Islands.

2. From the United States to Puerto Rico or the U.S. Virgin Islands.

3. From the United States, Puerto Rico, or the U.S. Virgin Islands to the Freely Associated States.

2.5.2 Value Criterion

Following are three examples to illustrate the value criterion defined in 2.5.1:

a. A package contains one mechanically operated watch (Schedule B item # 9101.11.0000) valued at $2600. The total value of goods to be mailed is $2600, and the value of all items within the same Schedule B number is over $2500. Consequently, electronic filing and a Proof of Filing Citation (PFC) would be required (unless an exemption or exclusion applies).

b. A package contains one mechanically operated watch (Schedule B item # 9101.11.0000) valued at $2400, and one electronically operated watch (Schedule B item# 9101.91.0000) valued at $2400. The total value of goods to be mailed is $4800, but no group of items within the same Schedule B number is valued over $2500. Consequently, elec­tronic filing and a PFC would not be required, be­cause the mechanical watch and electronic watch are in different Schedule B groups,

c. A package contains two mechanically operated watches (Schedule B item # 9101.11.0000) one valued at $1400 and one valued at $1500. The total value of goods to be mailed is $2900, and the value of all items within the same Schedule B number is over $2500. Consequently, electronic filing and a PFC would be required, unless an exemption or exclusion applies.

2.5.3 How to File Electronic Export Information and Obtain a Proof of Filing Citation

For additional information on electronic filing, call the U.S. Census Bureau’s toll-free information hotline at 800-549-0595, option #3. To file electronic export information (EEI) through AESDirect and obtain a PFC, customers should use the following steps:

a. Go to www.aesdirect.gov.

b. Register for an AESDirect account or log into your existing account.

c. Follow the instructions for the AES Certification Quiz.

d. The “Port of Export” code for shipping through the Postal Service is “8000.”

e. The “Mode of Transport” is “Mail.”

f. Leave the carrier as “SCAC/IATA” and the convey­ance name fields blank.

g. After successfully filing electronic export information, AESDirect will provide an alphanumeric Internal Transaction Number (ITN) as confirmation. The PFC consists of the letters “AES” followed by the ITN: for example, “AES X20080930987654.”

2.5.4 AES Downtime Citation

If electronic information filing is required but AES or AESDirect is unavailable, the goods may be shipped, but the customer is responsible for providing the appropriate AES Downtime Citation instead of a PFC. This citation includes the word “AESDOWN,” the customer’s AES filer identification number, and the date: for example, “AESDOWN 123456789 09/30/2009.”

2.5.5 Exclusion and Exemption Legends

In many circumstances, EEI filing and a PFC may not be required. In these circumstances, and only when a Customs declaration form is required under 608.2.4, cus­tomers are responsible for presenting an applicable Exemption or Exclusion Legend on the Customs declara­tion form upon mailing. Customers may forgo this require­ment if no Customs declaration form is required. When a Customs declaration form is used, customers should enter the applicable Exemption or Exclusion Legend on the Cus­toms declaration form. Customers must only enter one Exemption or Exclusion Legend per addressed mailpiece. When multiple Exemption or Exclusion Legends may apply, the mailer may select any one that applies. For more infor­mation on these and other exemptions and exclusions, customers should consult Appendix C of the Foreign Trade Regulations, 15 C.F.R. Part 30.

The following is a list of the most commonly applicable Exemption or Exclusion Legends for items mailed to, from, or between destinations under 608.2.

a. Regardless of value, for all goods shipped to, from, or between the following U.S. Territories, use “NOEEI 30.2(d)(2)”:

1. American Samoa.

2. Guam Island.

3. Northern Mariana Islands.

b. For items destined to the Freely Associated States listed in DMM 608.2.2, customers may apply “NOEEI 30.37(a)” if the value of each class of goods is $2,500 or less, provided an export license is not re­quired (see 608.2.5.7 and 608.2.5.8).

2.5.6 Placement of PFC, AES Downtime Citation Placement, or Exemption and Exclusion Legend

If no Customs declaration form is required (e.g., items sent between the United States, Puerto Rico, and the U.S. Virgin Islands), no other action for recording the PFC or AES Downtime Citation on the package is required. However, when a shipment requires a PFC, or AES Downtime Citation, or Exemption and Exclusion Legend, and a PS Form 2976-A is used under DMM 608.2.4, it is the cus­tomer’s responsibility to legibly write the PFC, AES Downtime Citation, or Exemption or Exclusion Legend as follows:

a. On PS Form 2976-A, Customs Declaration and Dispatch Note CP72 (large white form), customers should write one PFC, AES Downtime Citation, or Exemption or Exclusion Legend in Block 11.

b. On older versions of PS Form 2976-A printed prior to January 2009, customers should write one PFC, AES Downtime Citation, or Exemption or Exclusion Legend at the top of the form or in any clear space. Avoid writing over the barcode on the form.

2.5.7 Additional Standards for the Freely Associated States

The Freely Associated States listed in DMM 608.2.2 are for­eign destinations for the purposes of the Foreign Trade Regulations and other laws and regulations governing imports and exports. As such, certain goods shipped to these destinations from the United States, Puerto Rico, the U.S. Virgin Islands, or other U.S. territories may require an export license. To determine if an export license is required, go to http://www.export.gov/regulation/index.asp or call 1-800-USA-TRAD(E) (1-800-872-8723).

2.5.8 When an Export License Is Required

When an export license is required under 608.2.5.7, a PS Form 2976-A is always required. The electronically gen­erated License Number must appear in Block 13, and a PFC or AES Downtime Citation must appear in Block 11 of the Customs declaration form. See IMM 520 and 530 for complete requirements. In addition, it is the mailer’s responsibility to comply with the U.S. Census Bureau’s requirements for filing EEI, as described in DMM 608.2.5.1 and 608.2.5.2. A PFC or AES Downtime Citation should appear on the Customs declaration form as described in DMM 608.2.5.6.

* * * * * 

We will incorporate these revisions into the next printed version of the DMM and into the monthly update of the online DMM, which is available via Postal Explorer at
http://pe.usps.com.