On Wednesday, May 3, 2023, the Department of Commerce, U.S. Census Bureau published a Notice of Proposed Rulemaking (NPRM) (https://www.govinfo.gov/content/pkg/FR-2023-05-03/pdf/2023-09322.pdf). This NPRM announces the proposal for the collection of a new data element – Category XXI Determination Number - in the Automated Export System (AES) when Category XXI is selected under the DDTC United States Munitions List (USML) Category Code field.

This Department of State, Directorate of Defense Trade Controls (DDTC) proposed collection will help ensure that only commodities that have been determined to be controlled in USML Category XXI by the Director of DDTC’s Office of Defense Trade Controls Policy can be declared as such in AES. As a result of this proposed new data element, a new response message “Response Code: 5C2 CAT XXI DETERMINATION NBR UNKNOWN” was created. Technical details on the new data element and new response message are found below. The AESDirect web application will be updated on May 9, 2023 to accept the proposed new data element and return the new response message.

The AESTIR Commodity Filing Formats have been updated

ACE AESTIR Commodity Shipment Filing and Response is posted on cbp.gov with the updated data entry field and Response Message: CBP Proprietary: Format | U.S. Customs and Border Protection

ANSI X-12: 601 – Export Shipment Information is posted on cbp.gov with the updated data entry field and Response Message: ANSI X-12: 601 | U.S. Customs and Border Protection (cbp.gov)

The New Response Message is updated in Appendix A

The AESTIR Appendix A – Commodity Filing Response Messages is posted on cbp.gov adding the new Response Message:  ACE AESTIR Appendix A - Commodity Filing Response Messages | U.S. Customs and Border Protection (cbp.gov)

Response Code: 5C2

Narrative Text: CAT XXI DETERMINATION NBR UNKNOWN

Severity: INFORMATIONAL

Response Code 5C2 will be set at a severity level of “Informational” for a minimum of 60 days, and then will be upgraded to a severity of “Fatal” at a later date.

How to Address this Response Code

This proposed new data element is required when USML Category XXI is entered under the DDTC USML Category Code field.  This requirement helps ensure that only commodities that have been determined to be controlled in USML Category XXI by the Director of DDTC’s Office of Defense Trade Controls Policy can be declared as such in AES.

If a user tries to submit a shipment in AES using USML Category XXI without providing a valid determination number, the system will allow the submission and return an Informational response code of 5C2. (After the severity is upgraded to Fatal, the system will reject the filing.)

DDTC recommends manufacturers review the Order of Review at ITAR § 120.11 and the USML at ITAR § 121.1.  If you have doubt as to whether an article you manufacture is described on the USML, we encourage you to submit a Commodity Jurisdiction (CJ) determination request via the DECCS Industry Portal using form DS-4076 (a process for which DDTC registration is not required).  The CJ process is described at ITAR § 120.12.  Additional guidance for submitting a CJ request is available on the DDTC website under the Commodity Jurisdictions tab under ‘Conduct Business.’

Exporters may submit an export license application to DDTC in advance of receiving a CJ determination. For more guidance, see the DDTC FAQ, “May I submit a CJ for an item at the same time that I submit a license request to the Department of State for the same item?”

Even if your commodity is not described on the USML, it may be subject to the Export Administration Regulations (EAR) administered by the Department of Commerce.  For items subject to the EAR, you may submit a Commodity Classification Request (CCATS) to the Department of Commerce.  You can contact the Department of Commerce, BIS Office of Exporter Services for more information at (202) 482-4811.

Exporters and Software Developers that submit Electronic Export Information (EEI) via the Electronic Data Interface (EDI) should update their software to send the new data element.

For technical questions, Software Vendors should contact their respective CBP Client Representative.

For questions regarding these upcoming AES changes, please contact the Department of Defense Trade Control at: ddtccustomerservice@state.gov or (202) 663-1282.