Census Clarifies EEI Reporting Requirements Related to Hong Kong
The Bureau of Industry and Security December rule (see 2012220053) that removed Hong Kong as a separate destination under the Export Administration Regulations has implications for EAR requirements but does not impact certain Census Bureau reporting requirements, Census said. In a Dec. 29 email to industry, Census said the BIS rule does not change Census' Foreign Trade Regulations ultimate consignee, country of destination and intermediate consignee reporting requirements, which contribute to certain trade statistics.
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Companies still will have to file electronic export information in the Automated Export System to meet each of those reporting requirements, Census said. The agency also said the rule does not change “Appendix C” of the AES Trade Interface Requirements, where Hong Kong is denoted by the “International Standards Organization (ISO) Country Code “HK.”
Census stressed that BIS’s Dec. 23 rule only applies for export control purposes under the EAR and not necessarily for Census reporting purposes. For example: If a shipper’s goods are destined to Hong Kong and received by an “ultimate consignee” in Hong Kong, Census said the shipper “must still report Hong Kong (HK) as the country of destination and the ultimate consignee country, respectively.” In addition, Hong Kong must be reported as the “intermediate consignee country” if the goods are routed to an intermediate consignee in Hong Kong, Census said.
The agency also stressed that Electronic Export Information (EEI) filings are required for all exports to Hong Kong of items on the Commerce Control List, unless the shipment is eligible for License Exception GOV (Governments, international organizations, international inspections under the Chemical Weapons Convention, and the International Space Station). Census said industry should reach out to BIS with questions related to the EAR.