13 USC 301(g): Shippers' Export Declarations

          
Sec. 301. Collection and publication

    (a) The Secretary is authorized to collect information from all 
persons exporting from, or importing into, the United States and the 
noncontiguous areas over which the United States exercises sovereignty, 
jurisdiction, or control, and from all persons engaged in trade between 
the United States and such noncontiguous areas and between those areas, 
or from the owners, or operators of carriers engaged in such foreign 
commerce or trade, and shall compile and publish such information 
pertaining to exports, imports, trade, and transportation relating 
thereto, as he deems necessary or appropriate to enable him to foster, 
promote, develop, and further
the commerce, domestic and foreign, of the United States and for other 
lawful purposes.
    (b) The Secretary shall submit to the Committee on Ways and Means of 
the House of Representatives and the Committee on Finance of the Senate, 
on quarterly and cumulative bases, statistics on United States imports 
for consumption and United States exports by country and by product. 
Statistics on United States imports shall be submitted in accordance 
with the Harmonized Tariff Schedule of the United States Annotated for 
Statistical Reporting Purposes and general statistical note 1 thereof, 
in detail as follows:
        (1) net quantity;
        (2) United States customs value;
        (3) purchase price or its equivalent;
        (4) equivalent of arm's length value;
        (5) aggregate cost from port of exportation to United States 
    port of entry;
        (6) a United States port of entry value comprised of (5) plus 
    (4), if applicable, or, if not applicable, (5) plus (3); and
        (7) for transactions where (3) and (4) are equal, the total 
    value of such transactions.

The data for paragraphs (1), (2), (3), (5), and (6) shall be reported 
separately for nonrelated and related party transactions, and shall also 
be reported as a total of all transactions.
    (c) In submitting any information under subsection (b) with respect 
to exports, the Secretary shall state separately from the total value of 
all exports--
        (1)(A) the value of agricultural commodities exported under the 
    Agricultural Trade Development and Assistance Act of 1954, as 
    amended; and
        (B) the total amount of all export subsidies paid to exporters 
    by the United States under such Act for the exportation of such 
    commodities; and
        (2) the value of goods exported under the Foreign Assistance Act 
    of 1961.

    (d) To assist the Secretary to carry out the provisions of 
subsections (b) and (c)--
        (1) the Secretary of Agriculture shall furnish information to 
    the Secretary concerning the value of agricultural commodities 
    exported under provisions of the Agricultural Trade Development and 
    Assistance Act of 1954, as amended, and the total amounts of all 
    export subsidies paid to exporters by the United States under such 
    Act for the exportation of such commodities; and
        (2) the Secretary of State shall furnish information to the 
    Secretary concerning the value of goods exported under the 
    provisions of the Foreign Assistance Act of 1961, as amended.

    (e) There shall be reported, on monthly and cumulative bases, for 
each heading or subheading in the Harmonized Tariff Schedule of the 
United States Annotated for Statistical Reporting Purposes, the United 
States port of entry value (as determined under subsection (b)(6)). 
There shall be reported, on monthly and cumulative bases, the balance of 
international trade for the United States reflecting (1) the aggregate 
value of all United States imports as reported in accordance with the 
first sentence of this subsection, and (2) the aggregate value of all 
United States exports. The information required to be reported under 
this subsection shall be reported in a form that is adjusted for 
economic inflation or deflation (on a constant dollar basis consistent 
with the reporting of the National Income and Product Accounts), and in 
a form that is not so adjusted.
    (f) On or before January 1, 1981, and as often thereafter as may be 
necessary to reflect significant changes in rates, there shall be 
reported for each heading or subheading in the Harmonized Tariff 
Schedule of the United States Annotated for Statistical Reporting 
Purposes, the ad valorem or ad valorem equivalent rate of duty which 
would have been required to be imposed on dutiable imports under that 
heading or subheading, if the United States customs values of such 
imports were based on the United States port of entry value (as reported 
in accordance with the first sentence of subsection (e)) in order to 
collect the same amount of duties on imports under that heading or 
subheading as are currently collected.

        

            
 
          
    (g) Shippers' Export Declarations (or any successor document), 
wherever located, shall be exempt from public disclosure unless the 
Secretary determines that such exemption would be contrary to the 
national interest.
    (h) The Secretary is authorized to require by regulation the filing 
of Shippers' Export Declarations under this chapter through an automated 
and electronic system for the filing of export information established 
by the Department of the Treasury.

(Added Pub. L. 87-826, Sec. 2, Oct. 15, 1962, 76 Stat. 951; amended Pub. 
L. 93-618, title VI, Sec. 609(a), Jan. 3, 1975, 88 Stat. 2074; Pub. L. 
96-39, title XI, Sec. 1108(a), July 26, 1979, 93 Stat. 313; Pub. L. 96-
275, Sec. 1, June 17, 1980, 94 Stat. 539; Pub. L. 100-418, title I, 
Secs. 1214(a)(2), 1931(a), 1932, Aug. 23, 1988, 102 Stat. 1155, 
1320; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XII, 
Sec. 1252(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-506.)

                       References in Text

    The Harmonized Tariff Schedule of the United States, referred to in 
subsecs. (b), (e), and (f), is not set out in the Code. See Publication 
of Harmonized Tariff Schedule note set out under section 1202 of Title 
19, Customs Duties.
    The Agricultural Trade Development and Assistance Act of 1954, 
referred to in subsecs. (c)(1), (d)(1), is act July 10, 1954, ch. 649, 
68 Stat. 454, as amended, which is classified generally to chapter 41 
(Sec. 1691 et seq.) of Title 7, Agriculture. For complete classification 
of this Act to the Code, see Short Title note set out under section 1691 
of Title 7 and Tables.
    The Foreign Assistance Act of 1961, referred to in subsecs. (c)(2), 
(d)(2), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, 
which is classified principally to chapter 32 (Sec. 2151 et seq.) of 
Title 22, Foreign Relations and Intercourse. For complete classification 
of this Act to the Code, see Short Title note set out under section 2151 
of Title 22 and Tables.
                               Amendments

    1999--Subsec. (h). Pub. L. 106-113 added subsec. (h).
    1988--Subsec. (b). Pub. L. 100-418, Sec. 1214(a)(2)(A), substituted 
``Harmonized Tariff Schedule of the United States Annotated for 
Statistical Reporting Purposes and general statistical note 1 thereof'' 
for ``Tariff Schedules of the United States Annotated and general 
statistical headnote 1 thereof''.
    Subsec. (e). Pub. L. 100-418, Sec. 1932, inserted at end ``The 
information required to be reported under this subsection shall be 
reported in a form that is adjusted for economic inflation or deflation 
(on a constant dollar basis consistent with the reporting of the 
National Income and Product Accounts), and in a form that is not so 
adjusted.''
    Pub. L. 100-418, Sec. 1931(a), struck out at end ``The values and 
balance of trade required to be reported by this subsection shall be 
released no later than 48 hours before the release of any other 
government statistics concerning values of United States imports or 
United States balance of trade, or statistics from which such values or 
balance may be derived.''
    Pub. L. 100-418, Sec. 1214(a)(2)(B), substituted ``heading or 
subheading in the Harmonized Tariff Schedule of the United States 
Annotated for Statistical Reporting Purposes'' for ``item in the Tariff 
Schedules of the United States Annotated'' in first sentence.
    Subsec. (f). Pub. L. 100-418, Sec. 1214(a)(2)(C), substituted 
``heading or subheading in the Harmonized Tariff Schedule of the United 
States Annotated for Statistical Reporting Purposes'' for ``item of the 
Tariff Schedules of the United States Annotated'' and ``under that 
heading or subheading'' for ``under that item'', in two places.
    1980--Subsec. (g). Pub. L. 96-275 added subsec. (g).
    1979--Subsecs. (e), (f). Pub. L. 96-39 added subsecs. (e) and (f).
    1975--Pub. L. 93-618 designated existing provisions as subsec. (a) 
and added subsecs. (b) to (d).
                    Effective Date of 1999 Amendment

    Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XII, 
Sec. 1252(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-506, provided that: 
``The amendment made by subsection (a) [amending this section] shall 
take effect 270 days after the Secretary of Commerce, the Secretary of 
the Treasury, and the Director of the National Institute of Standards 
and Technology jointly provide a certification to the Committee on 
Foreign Relations of the Senate and the Committee on International 
Relations of the House of Representatives that a secure Automated Export 
System available through the Internet that is capable of handling the 
expected volume of information required to be filed under subsection (b) 
[set out below], plus the anticipated volume from voluntary use of the 
Automated Export System, has been successfully implemented and tested 
and is fully functional with respect to reporting all items on the 
United States Munitions List, including their quantities and 
destinations.'' [The Automated Export System Certification Report was 
submitted to the Committee on Foreign Relations of the Senate on June 
11, 2001, and to the Committee on International Relations of the House 
of Representatives on May 31, 2001. See 66 F.R. 39006.]
                    Effective Date of 1988 Amendment

    Amendment by section 1214(a)(2) of Pub. L. 100-418 effective Jan. 1, 
1989, and applicable with respect to articles entered on or after such 
date, see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective 
Date note under section 3001 of Title 19, Customs Duties.
                    Effective Date of 1980 Amendment

    Section 4 of Pub. L. 96-275 provided that:
    ``(a) Except as provided in subsection (b), this Act, and the 
amendments made by this Act [amending this section and enacting 
provisions set out as a note under this section], shall become effective 
on the later of July 1, 1980, or the date of enactment of this Act [June 
17, 1980].
    ``(b) The amendment made by section 2 [amending section 93 of former 
Title 46, Shipping] shall become effective on the date which is forty-
five days after the date of enactment of this Act [June 17, 1980].''
                    Effective Date of 1979 Amendment

    Section 1108(b) of Pub. L. 96-39 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply to reports made 
after December 31, 1979.''
                    Effective Date of 1975 Amendment

    Section 609(b) of Pub. L. 93-618 provided that: ``The amendments 
made by subsection (a) [amending this section] shall take effect on 
January 1, 1975.''
                             Effective Date

    Section 4 of Pub. L. 87-826 provided that: ``The provisions of this 
Act [enacting section 301 et seq. of this title and repealing sections 
173, 174, 177, 179, 181, 184 to 187, and 193 of Title 15, Commerce and 
Trade, sections 92 and 95 of former Title 46, Shipping, and section 1486 
of Title 48, Territories and Insular Possessions] shall take effect one 
hundred and eighty days after approval [Oct. 15, 1962], except that the 
last sentence of section 337, ``Fifth'' of the Revised Statutes [section 
174 of Title 15], and the requirement for oaths as found in section 4200 
of the Revised Statutes [section 92 of former Title 46] shall be 
repealed effective on the date this Act is approved [Oct. 15, 1962].''
                               Regulations

    Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XII, 
Sec. 1252(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-506, provided that:
    ``(1) In general.--The Secretary of Commerce, with the concurrence 
of the Secretary of State, shall publish regulations in the Federal 
Register to require that, upon the effective date of those regulations, 
exporters (or their agents) who are required to file Shippers' Export 
Declarations under chapter 9 of title 13, United States Code, file such 
Declarations through the Automated Export System with respect to exports 
of items on the United States Munitions List or the Commerce Control 
List.
    ``(2) Elements of the regulations.--The regulations referred to in 
paragraph (1) shall include at a minimum--
        ``(A) provision by the Department of Commerce for the 
    establishment of on-line assistance services to be available for 
    those individuals who must use the Automated Export System;
        ``(B) provision by the Department of Commerce for ensuring that 
    an individual who is required to use the Automated Export System is 
    able to print out from the System a validated record of the 
    individual's submission, including the date of the submission and a 
    serial number or other unique identifier, where appropriate, for the 
    export transaction; and
        ``(C) a requirement that the Department of Commerce print out 
    and maintain on file a paper copy or other acceptable back-up record 
    of the individual's submission at a location selected by the 
    Secretary of Commerce.''
               Improvements to the Automated Export System

    Pub. L. 107-228, div. B, title XIV, Sec. 1404(a)-(c), Sept. 30, 
2002, 116 Stat. 1454, provided that:
    ``(a) Contribution to the Automated Export System.--Of the amount 
provided under section 1402 of this Act [116 Stat. 1453], $250,000 is 
authorized to be available for the purpose of--
        ``(1) providing the Department [of State] with full access to 
    the Automated Export System;
        ``(2) ensuring that the system is modified to meet the needs of 
    the Department [of State], if such modifications are consistent with 
    the needs of other United States Government agencies; and
        ``(3) providing operational support.
    ``(b) Mandatory Filing.--The Secretary of Commerce, with the 
concurrence of the Secretary of State and the Secretary of [the] 
Treasury, shall publish regulations in the Federal Register to require, 
upon the effective date of those regulations, that all persons who are 
required to file export information under chapter 9 of title 13, United 
States Code, file such information through the Automated Export System.
    ``(c) Requirement for Information Sharing.--The Secretary [of State] 
shall conclude an information-sharing arrangement with the heads of the 
United States Customs Service and the Census Bureau--
        ``(1) to allow the Department [of State] to access information 
    on controlled exports made through the United States Postal Service; 
    and
        ``(2) to adjust the Automated Export System to parallel 
    information currently collected by the Department.''
    [For transfer of functions, personnel, assets, and liabilities of 
the United States Customs Service of the Department of the Treasury, 
including functions of the Secretary of the Treasury relating thereto, 
to the Secretary of Homeland Security, and for treatment of related 
references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, 
Domestic Security, and the Department of Homeland Security 
Reorganization Plan of November 25, 2002, as modified, set out as a note 
under section 542 of Title 6.]
                            Volumetric Index

    Section 1931(b) of Pub. L. 100-418 provided that:
    ``(1) The Director of the Census, in consultation with the Director 
of the Bureau of Economic Analysis and the Commissioner of Labor 
Statistics, shall conduct a study to determine the feasibility of 
developing, and of publishing, an index that measures the real volume of 
merchandise trade on a monthly basis, which would be reported 
simultaneously with the balance of merchandise trade for the United 
States.
    ``(2) The Director of the Census shall submit to the Committee on 
Finance of the Senate and the Committee on Ways and Means of the House 
of Representatives a report on the study conducted under paragraph (1) 
by no later than the date that is one year after the date of enactment 
of this Act [Aug. 23, 1988].''
                   Congressional Access to Information

    Section 3 of Pub. L. 96-275 provided that: ``Nothing in this Act 
[enacting subsec. (g) of this section, amending section 93 of former 
Title 46, Shipping, and enacting provisions set out as notes under this 
section] shall be construed as authorizing the withholding of 
information from Congress.''
                               Definitions

    Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XII, 
subtitle E, Sec. 1256], Nov. 29, 1999, 113 Stat. 1536, 1501A-507, 
provided that: ``In this subtitle [amending this section and enacting 
provisions set out as notes above]:
        ``(1) Automated export system.--The term `Automated Export 
    System' means the automated and electronic system for filing export 
    information established under chapter 9 of title 13, United States 
    Code, on June 19, 1995 (60 Federal Register 32040).
        ``(2) Commerce control list.--The term `Commerce Control List' 
    has the meaning given the term in section 774.1 of title 15, Code of 
    Federal Regulations.
        ``(3) Shippers' export declaration.--The term `Shippers' Export 
    Declaration' means the export information filed under chapter 9 of 
    title 13, United States Code, as described in part 30 of title 15, 
    Code of Federal Regulations.
        ``(4) United states munitions list.--The term `United States 
    Munitions List' means the list of items controlled under section 38 
    of the Arms Export Control Act (22 U.S.C. 2778).''