PART 20—EXPORT SALES REPORTING REQUIREMENTS Authority: 7 U.S.C. 5712. Source: Rev. 2, 40 FR 23839, June 3, 1975, unless otherwise noted. § 20.1 General. The regulations of this part 20 are issued under section 404 of the Agricultural Trade Act of 1978, as amended, to implement the export sales reporting requirements of section 602 of the Agricultural Trade Act of 1978, as amended. [56 FR 32951, July 18, 1991] § 20.2 Administration. The regulations of this part will be administered by the Foreign Agricultural Service (FAS) under the general supervision of the Administrator, FAS. Information pertaining to these regulations may be obtained from the office specified in § 20.10. [Amdt. 3, 45 FR 8562, Feb. 8, 1980] § 20.3 Delegation of authority. Authority has been delegated to the Administrator to promulgate amendments and revisions to the regulations in this part. [Amdt. 3, 45 FR 8562, Feb. 8, 1980] § 20.4 Definitions. As used in these regulations and in all instructions, forms, and documents pertaining hereto, the words and phrases defined in this section shall have the meaning assigned to them as follows: (a) Administrator. (b) Buy-back contract. (c) Commodity. (d) Country of destination. (e) Export. (f) Export carrier. (g) Exports for exporter's own account. (h) Export sale. (i) Foreign buyer and foreign seller. (j) Marketing year. (k) Optional origin contracts. (l) Person. (m) Purchases from foreign sellers. (n) Quantity. (o) Reporting exporter. (p) United States. [Rev. 2, 40 FR 23839, June 3, 1975, as amended by Amdt. 1, 41 FR 19950, May 14, 1976; Amdt. 3, 45 FR 8562, Feb. 8, 1980; Amdt. 4, 45 FR 24104, Apr. 9, 1980; 68 FR 62214, Nov. 3, 2003; 78 FR 16778, Mar. 19, 2013; 84 FR 64704, Nov. 25, 2019] § 20.5 Announcements. Commodities for which reports are required under these regulations are set forth in appendix A to this part. Any change therein will be made by publication in the Federal Register [Rev. 2, 40 FR 23839, June 3, 1975, as amended at 68 FR 62214, Nov. 3, 2003; 84 FR 64704, Nov. 25, 2019] § 20.6 Submission of reports. (a) Weekly reports. [email protected]. (1) United States origin sales only. (ii) Quantity of new export sales made during the week expressed in the specified unit of measure (do not include any tolerance). Include the quantity of any optional original export sale for which an option was exercised during the week to export the commodity from the United States. (iii) Quantity of any purchases of the same kind of commodity made from foreign sellers during the week. (iv) Quantity of export sales cancelled and quantity of buyback contracts made during the week. (v) Changes in destination during the week for export sales previously reported. (vi) Changes in the marketing year during the week for export sales previously reported. (vii) Exports made against export sales during the week. (viii) Total outstanding balance of export sales at the close of business for the current report. (2) Optional origin sales United States and other countries (ii) Quantity of new export sales made during the week expressed in the specified unit of measure (do not include any tolerance) by country of destination. (iii) Quantity of export sales for which an option was exercised during the week which would determine the origin of the commodity to be exported with the origin indicated as the United States or other than the United States. (iv) Quantity of optional export sales cancelled and the quantity of optional buy-back contracts made during the week. (v) Changes in destination during the week for sales previously reported. (vi) Changes in the marketing year during the week for sales previously reported. (vii) Total outstanding balance of optional export sales for which an option has not been exercised at the time of compiling the report. (3) Exports for exporter's own account. (ii) Quantity of new exports for exporter's own account exported during the week. (iii) Quantity of previously reported exports for exporter's own account that was applied to outstanding or new export sales during the week. (iv) Quantity of previously reported exports for exporter's own account sold to other U.S. exporters during the week. (v) Changes in destination during the week for exports previously reported. (vi) The total outstanding balance of exports for exporter's own account at the close of business for the current report. (b) Monthly reports. (c) Exporters who are required to report. (1) Firm A makes an export sale to Firm B whose place of doing business with respect to the transaction is also in the United States. Firm B has made or will make an export sale to a foreign buyer. In this case Firm A cannot report the sale to Firm B since Firm B's place of doing business with respect to the transaction is located in the United States. In this example, Firm B is required to report the sale to the foreign buyer. (2) Firm A makes an export sale to a foreign buyer through the foreign buyer's agent and the agent's place of doing business with respect to the transaction is in the United States. In this example Firm A is required to report the export sale since the resulting contract is between Firm A and the foreign buyer. (3) Firm A consigns an export to his agent (other than an employee of Firm A). When the agent makes a sale to a foreign buyer, Firm A is required to report the sale. If the agent makes the sale to a firm whose place of doing business with respect to the transaction is in the United States, Firm A will not report the sale. (4) Firm A makes a purchase from a foreign seller. In this example, Firm A is required to report the purchase. (5) Firm A makes a purchase from an agent of a foreign seller and the agent's place of doing business with respect to the transaction is in the United States. In this example, Firm A is required to report the purchase. The agent is not a principal party in interest in the contract and cannot report the sale to Firm A. The foreign seller is not a reporting exporter and is not required to make a report of the sale. (6) Firm A, the agent of the foreign buyer, whose place of doing business with respect to the transaction is in the United States, purchases commodities domestically at interior warehouses and arranges for exportation to its principal, the foreign buyer. In this example, Firm A is required to report the sale and export. (7) If a reporting exporter has a transaction not described in paragraphs (1) through (6) of this paragraph (c) and is in doubt whether a transaction should be reported, the exporter should request a decision from the office specified in § 20.10. (d) Contract terms. (1) Reporting exporter's contract number. (2) Date of export sale or purchase. (3) Name of foreign buyer or foreign seller. (4) Delivery period specified in the export sale or purchase. (5) Delivery terms specified in the export sale or purchase (F.O.B., C. & F., etc.). (6) Actual quantity of the export sale or purchase. (7) Quantity not exported against the sale or foreign purchase (do not include any tolerance). (8) Country of destination. (9) On purchases from foreign sellers, show separately from export sales all items of this paragraph (d). (e) Reporting of destination. (f) Optional class or kind of commodity. (g) Range in contract quantity. (h) Transfer of unexported balances (i) Errors on previous reports. (j) When reports are required. (2) A reporting exporter may discontinue reporting for a commodity only when actual exports and other required reporting of changes have reduced to zero all export sales, exports for exporter's own account and purchases from foreign sellers. The reporting exporter shall report a zero balance prior to discontinuing reporting for the commodity involved. (3) If a reporting exporter discontinues making reports because a zero balance has been reached for a particular commodity, the exporter shall be responsible to commence reporting again once a new export sale, a new export for exporter's own account, or a new purchase from a foreign seller for that commodity is made. (k) Manner and time of reporting (2) Time of filing reports. [Rev. 2, 40 FR 23839, June 3, 1975, as amended by Amdt. 3, 45 FR 8562, Feb. 8, 1980; Amdt. 4, 45 FR 24104, Apr. 9, 1980; 45 FR 24439, Apr. 10, 1980; Amdt. 5, 45 FR 24439, Apr. 10, 1980; 47 FR 746, Jan. 7, 1982; 68 FR 62214, Nov. 3, 2003] § 20.7 Confidentiality of reports. A reporting exporter's individual reports shall remain confidential and subject to examination only by designatees of the Administrator. Information from reports filed by exporters on a weekly basis will be compiled and published in compilation form each week following the week of reporting. Information from daily reports filed by exporters will be made available to the public on the following business day at 9 a.m., eastern time. Information from monthly reports filed by exporters will be compiled and published in compilation form in the weekly report no later than the week following the time of filing specified in § 20.6(k). [43 FR 5497, Feb. 9, 1978, as amended by Amdt. 3, 45 FR 8562, Feb. 8, 1980; Amdt. 5, 45 FR 24440, Apr. 10, 1980; 68 FR 62215, Nov. 3, 2003] § 20.8 Failure to report. Any person who knowingly fails to report export sales pursuant to the requirements of these regulations shall be fined not more than $25,000 or imprisoned not more than one year, or both. § 20.9 Records. Each reporting exporter shall establish and maintain accurate records as to all export sales of commodities subject to these regulations. Such records shall include, but shall not be limited to, export sales contracts or other agreements with the foreign buyer or foreign seller pursuant to which any export has or will be made; bills of lading or delivery documents evidencing all such exports and inspection and weight certificates relating thereto. Such records shall be available during regular business hours for inspection and audit by authorized employees of the United States Department of Agriculture and shall be preserved for three years after the date of export to which they relate. § 20.10 Place of submission of reports. Weekly reports and information required to be submitted in connection therewith shall be addressed to or delivered to the following office FAX: (202) 690-3270 or (202) 690-3273: Foreign Agricultural Service, Export Sales Reporting Division, U.S. Department of Agriculture, Washington, DC 20250. [Amdt. 4, 45 FR 8562, Feb. 8, 1980, as amended at 68 FR 62215, Nov. 3, 2003] § 20.11 Additional reports and information. (a) Daily reports. (b) Additional information. [Rev. 2, 40 FR 23839, June 3, 1975, as amended by Amdt. 3, 45 FR 8562, Feb. 8, 1980] § 20.12 OMB control number assigned pursuant to Paperwork Reduction Act. The information collection requirements contained in these regulations have been approved by the Office of Management and Budget (OMB) under the provisions of 44 U.S.C. chapter 35 and have been assigned OMB control number 0551-0007. [51 FR 30203, Aug. 25, 1986] Appendix A to Part 20—Commodities Subject to Reporting, Units of Measure To Be Used in Reporting, and Beginning and Ending Dates of Marketing Years Commodity to be reported Unit of Beginning of End of Wheat—hard red winter Metric Tons June 1 May 31. Wheat—soft red winter Metric Tons June 1 May 31. Wheat—hard red spring Metric Tons June 1 May 31. Wheat—white (incl. hard and soft white) Metric Tons June 1 May 31. Wheat—durum Metric Tons June 1 May 31. Wheat—Products—All wheat flours (including clears) bulgur, semolina, farina, and rolled, cracked and crushed wheat Metric Tons June 1 May 31. Barley—Unmilled (including feed and hull-less waxy barley) Metric Tons June 1 May 31. Corn—Unmilled (including waxy, cracked—if 50% whole kernels) Metric Tons Sept. 1 Aug. 31. Rye—Unmilled Metric Tons June 1 May 31. Oats—Unmilled Metric Tons June 1 May 31. Grain Sorghum—Unmilled Metric Tons Sept. 1 Aug. 31. Soybeans Metric Tons Sept. 1 Aug. 31. Soybean Cake and Meal Metric Tons Oct. 1 Sept. 30. Soybean Oil—including: Crude (including degummed), once refined, soybean salad oil (including refined and further processed by bleaching, deodorizing or winterizing), hydrogenated, packaged oil Metric Tons Oct. 1 Sept. 30. Flaxseed Metric Tons June 1 May 31. Linseed Oil—including raw, boiled Metric Tons June 1 May 31. Cottonseed Metric Tons Aug. 1 July 31. Cottonseed Cake and Meal Metric Tons Oct. 1 Sept. 30. Cottonseed Oil—including crude, once refined, cottonseed salad oil (refined and further processed by bleaching, deodorizing or winterizing), hydrogenated Metric Tons Oct. 1 Sept. 30. Sunflowerseed Oil crude, once refined, sunflowerseed salad oil (refined and further processed by bleaching, deodorizing or winterizing), hydrogenated Metric Tons Oct. 1 Sept. 30. Cotton—American Pima—Raw, extra-long staple Running Bales Aug. 1 July 31. Cotton—Upland—Raw, staple length 1 1 16 Running Bales Aug. 1 July 31. Cotton—Upland—Raw, staple length 1 inch up to 1 1 16 Running Bales Aug. 1 July 31. Cotton—Upland—Raw, staple length under 1 inch Running Bales Aug. 1 July 31. Rice—long grain, rough (including parboiled) Metric Tons Aug. 1 July 31. Rice—medium, short and other classes, rough (including parboiled) Metric Tons Aug. 1 July 31. Rice—long grain, brown (including parboiled) Metric Tons Aug. 1 July 31. Rice—medium, short and other classes, brown (including parboiled) Metric Tons Aug. 1 July 31. Rice—long grain, milled (including parboiled) Metric Tons Aug. 1 July 31. Rice—medium, short and other classes, milled (including parboiled, brewer's rice) Metric Tons Aug. 1 July 31. Cattle Hides and Skins—Whole cattle hides (excluding wet blues) Pieces Jan. 1 Dec. 31. Cattle Hides and Skins—Whole calf skins (excluding wet blues) Pieces Jan. 1 Dec. 31. Cattle Hides and Skins—Whole kip skins (excluding wet blues) Pieces Jan. 1 Dec. 31. Cattle Hides and Skins—Cattle, calf, and kip cut into croupons, crops, dossets, sides, butts and butt bend (hide equivalent) (excluding wet blues) Number Jan. 1 Dec. 31. Cattle Hides and Skins—Cattle, calf and kip, in cuts not otherwise specified; pickled/limed (excluding wet blues) Pounds Jan. 1 Dec. 31. Cattle, calf and kip, Wet blues—unsplit (whole or sided) hide equivalent Number Jan. 1 Dec. 31. Cattle, calf and kip, Wet blues—grain splits (whole or sided) hide equivalent Number Jan. 1 Dec. 31. Cattle, calf and kip, Wet blues—splits, (excluding grain splits) Pounds Jan. 1 Dec. 31. Beef—fresh, chilled or frozen muscle cuts/whether or not boxed 1 Metric Tons Jan. 1 Dec. 31. Pork—fresh, chilled or frozen muscle cuts/whether or not boxed 1 Metric Tons Jan. 1 Dec. 31. 1 e.g., e.g., e.g., e.g., [84 FR 64704, Nov. 25, 2019]