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ARTICLE · 02 FEBRUARY 2011

Option 4 May No Longer Be an Option for Some Exporters: Census' Proposed Changes to Post- Departure Filing Program Makes Program Eligibility More Difficult

Drinker Biddle & Reath LLP
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Today, January 21, 2011, the U.S. Department of Commerce’s (Commerce) Bureau of the Census (Census) published proposed changes to the export requirements contained in its Foreign Trade Regulations (FTR) at 15 CFR Part 30.

United StatesInternational Law
Joan Koenig
Joan Koenig
Nicolas Guzman
Nicolas Guzman

Today, January 21, 2011, the U.S. Department of Commerce's (Commerce) Bureau of the Census (Census) published proposed changes to the export requirements contained in its Foreign Trade Regulations (FTR) at 15 CFR Part 30. Along with a number of updates to improve the clarity of the FTR, Census has proposed to significantly change export reporting using "Option 4," or the post-departure filing program. All exporters will have to re-apply for the program under more stringent criteria, authorized filers will only be allowed to use a post-departure option when exporting certain specified types of commodities, and filers will have less time to report exports.

Background

The Census Bureau is responsible for collecting, compiling and publishing export trade data for the United States. Census maintains this data for statistical purposes only but reports it to other federal agencies that use it for export control purposes to detect and prevent the export of certain items by

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