Canada Exports

AES filing mandatory for used vehicles exported to Canada

U.S. Customs has announced that mandatory filing of electronic export information through the Automated Export System (AES) or AESDirect for all exports of used self-propelled vehicles will begin April 5, 2014.

This change to the Foreign Trade Regulations initially was announced in March 2013 and includes the following requirements:

  • All used, self-propelled vehicles must be filed using AES regardless of value or country of destination.
  • All used, self-propelled vehicles must be filed using AES 72 hours before export.

If you have questions regarding these changes to the FTR final rule, please contact the regulations staff at 1.800.549.0595, option 3 , or email ftdregs@census.gov.

If you have any questions regarding the new regulations or the Automated Export System (AES), please contact the Foreign Trade Division at 1-800-549-0595. Select option 1 to reach the AES Branch for technical issues or option 3 to reach the Regulations, Outreach and Education Branch for regulatory concerns. Read regulations and highlights of changes.

How do the new Foreign Trade Regulations affect importers and exporters?

The existing AES exemption for goods destined to Canada for used, self-propelled vehicles will no longer apply as of April 5. This means that any vehicle destined for Canada must have the accompanying electronic information submitted to customs 72 hours before the vehicle’s arrival at the border. It is the customer’s responsibility to ensure that this filing has been completed.

What are used, self-propelled vehicles?

As defined in U.S. Customs regulations, “Self-propelled vehicle” includes any automobile, truck, tractor, bus, motorcycle, motor home, self-propelled agricultural machinery, self-propelled construction equipment, self-propelled special use equipment and any other self-propelled vehicle used or designed for running on land but not on rail.

“Used” refers to any self-propelled vehicle the equitable or legal title to which has been transferred by a manufacturer, distributor or dealer to an ultimate purchaser.

What is the effect of non-compliance with the new self-propelled vehicle filing regulations?

As of April 5, the current AES exemption for used, self-propelled vehicles destined for Canada will no longer be valid; thereby requiring mandatory filing of export information through the Automated Export System (AES) and accompanying electronic information submitted to CBP 72 hours before the vehicle’s arrival at the border. Non-compliance with this mandatory AES filing may result in severe penalties, enforced by CBP, on behalf of the Census Bureau.

Notice of 180-day informed-compliance period for regulatory changes

The U.S. Census Bureau issued the final rule implementing modifications to Title 15, Code of Federal Regulations, Part 30, Foreign Trade Regulations (FTR). The rule was published March 14, 2013, and became effective on April 5, 2014. This broadcast serves to notify the trade community that the Census Bureau, in concurrence with U.S. Customs and Border Protection (CBP), agrees to provide an additional 180 days to come into compliance with the new requirements.

During this 180-day period, the Census Bureau and CBP will use “informed compliance” to educate the trade on the new requirements. During this time, no penalties will be issued for failure to comply with any new requirements in the March 14, 2013, rule. Penalties may be issued for regulation violations that remain unchanged from the FTR published on June 2, 2008. The period of informed compliance will be from the revised FTR effective date of April 5, 2014, through October 2, 2014.