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EXPORT SALES REPORTING INSTRUCTIONS

I General
II Completing Report Forms
     --  Form  97
   -- 
Form  98
   -- 
Form 100
III Additional Reports and Information
     --  Form  99 Adobe Acrobat Format
     --  Form  99 Excel Spreadsheet Format
IV Region, Foreign Country and Codes
V Commodities Subject to Reporting
  Example 1
Example 2
Example 3 
  Full set of instructions (plus examples) in .pdf format

PAPERWORK REDUCTION ACT NOTICE

Public reporting burden for this collection of information has been approved by the Office of Management and Budget and assigned OMB Control Number 0551-0007. Send comments regarding the burden or any other aspect of this collection of information, including suggestions for reducing this burden, to the Department of Agriculture, Clearance Officer, OIRM, Room 404-W, Washington, D.C. 20250; and to the Office of Management and Budget, Paperwork Reduction Project (OMB# 0551-0007), Washington, D.C. 20503.


EXPORT SALES REPORTING INSTRUCTIONS

I. GENERAL

1.100  Foreword

These instructions are designed to be placed in a loose-leaf notebook. As changes are required, single pages or entire Sections may be reissued. At appropriate times a new index will be issued listing page numbers and the issued date to keep everyone informed of the latest instructions available.

Suggestions submitted in writing pertaining to this instruction manual are welcome and will be given consideration. This reprinting (November 2001) includes the addition of beef reporting.

The telephone numbers for the Export Sales Reporting Staff are:

Voice    202 720-9209

FAX      202 690-3270
            202 690-3273

1.200  Supplies-Reporting Forms and Supplies

Additional reporting forms, regulations and/or instructions manuals may be obtained from the FAS homepage at www.fas.usda.gov or by contacting the Export Sales Reporting staff.

1.300  Reference

These instructions are intended to complement, but not replace, the export sales regulations. It is suggested that the export sales regulations be placed in the same notebook with these instructions for handy reference.

1.400  Definitions

Definitions are reprinted from Section 20.4 of the Export Sales Reporting Regulations for your reference.

     (a) "Administrator." The Administrator, Foreign Agricultural Service, U.S. Department of Agriculture.
     (b) "Buy-Back Contract." A transaction under which a reporting exporter having sold a commodity for export to a foreign buyer liquidates the export sale contract by making an offsetting purchase of the same kind of commodity from the same foreign buyer.
     (c) "Commodity." Wheat and wheat flour, feed grains, oilseeds, cotton, rice, cattle hides and skins, beef and pork, and products thereof, and any other agricultural commodity the Secretary may designate. "Commodity" shall also mean a commodity having identifying characteristics as described in any announcement issued pursuant to Section 20.5 such as class(es) of wheat, rice, or staple length(s) of cotton. Mixed wheat shall be considered to be the predominant wheat class of the blend. This definition excludes commodities to be used for seed which have been treated in such a manner that their use is limited to seed for planting proposes or on which a certificate has been issued by a recognized seed testing laboratory setting forth variety, germination and purity.
     (d) "Country of Destination." (1) Any country outside the United States or (2) any territory or possession of the United States. Country of destination shall be the ultimate destination of export, and shall not be deemed to be the country through which any transshipment takes place.
     (e) "Export." A shipment of a commodity from the United States destined to a country specified in paragraph (d) of this section. The commodity shall be deemed to have been exported on the date of the applicable export carrier on-board bill of lading or the date the commodity was received for shipment, as specified on the bill of lading, in the case of commodity received for shipment in a lash barge or containerized van if a through on-board bill of lading is issued for shipment to a country specified in paragraph (d) of the section.
     (f) "Export Carrier." The vessel on which a commodity is exported from the United States to a country specified in paragraph (d) of this section, or if export is by railcar, truck, or airplane, "export carrier" means such railcar, truck, or airplane.
     (g) "Exports for Exporter's Own Account." A transaction involving shipments made by the reporting exporter which are unsold at the time of export, shipments on consignment to selling agents of the reporting exporter for subsequent sale for the account of the reporting exporter, shipments by the reporting exporter that have not been allocated to any outstanding export sale, and shipments from the United States to any other foreign country in bond for subsequent shipment to a third country.
     (h) "Export Sales." A transaction entered into between a reporting exporter and a foreign buyer. The transaction must be represented by a written document evidencing that (1) the exporter agrees to export the commodity, (2) the foreign buyer agrees to receive the commodity, (3) a fixed price or an agreed upon mechanism by which such a price can be determined is established, and (4) payment will be made to or for the account of the reporting exporter by or on the behalf of the foreign buyer for delivery of the commodity. The quantity of "outstanding export sale" means the quantity not yet exported under an export sale. The terms of delivery specified in the written agreement, such as FAS vessel, FOB vessel, C&F, CIF, etc., do not determine whether a transaction is an export sale which must be reported. A transaction which otherwise meets this definition and is subject to the posting of an exporter performance bond or letter of credit from the foreign buyer is included in this definition and such a transaction shall be reported under these regulations. However, a transaction which becomes operative only upon the imposition of export controls is excluded from this definition of "export sale" and such a transaction shall not be reported under these regulations.
     (i) "Foreign Buyer and Foreign Seller." A person whose place of doing business with respect to the transaction is outside the United States. Foreign buyer or foreign seller includes a person who maintains a place of doing business outside the United States even through the transaction is concluded in the United States by his agent who has a place of business in the Unites States or by his employee who does not maintain a place of doing business in the United States. (If such employee maintains a place of doing business in the United States with respect to the transaction, the resulting contract is construed to be domestic sale.) Notwithstanding the foregoing, all foreign governments, agencies and instrumentalities are considered foreign buyers or foreign sellers even through transactions are concluded by their employees in the United States or they maintain a place of business with respect to the transaction in the United States.
     (j) "Marketing Year." The reporting period specified for a commodity in Section V.
     (k) "Optional Origin Contracts." A transaction involving an export sale contract between a reporting exporter and a foreign buyer under which the reporting exporter has the option of exporting the commodity from the United States or from one or more other exporting countries or an export sale contract under which no origin is specified.
     (l) "Person." An individual, partnership, corporation, association or other legal entity.
     (m) "Purchases from Foreign Sellers." A transaction involving the purchase of a U.S. commodity from a seller whose place of business with respect to the transaction is outside the United States. An optional origin purchase is not reportable.
     (n) "Quantity." The actual contract quantity (exclusive of any upward or downward tolerance) specified in the agreement between the reporting exporter and foreign buyer or seller. Contract quantity must equal one metric ton.
     (o) "Reporting Exporter." A person who enters into a transaction referred to in this section whose place of doing business with respect to such transaction is in the United States. A reporting exporter shall include any person who sells a commodity to a foreign buyer irrespective of whether or not such person may appear as the shipper on the export documentation or whether or not such person is required to file a Shipper's Export Declaration. A reporting exporter would not normally include agents of either the reporting exporter or foreign buyer, brokers, or freight forwarders unless such agent, brokers or freight forwarders are acting in the capacity of a principal. In the case of a "string transaction," the reporting exporter is the entity with an outstanding export sale who is either the first member or the nearest member in the string to the U. S. supplier of the commodity. (See examples in Section 20.6(c) of the Export Sales Reporting Regulations.)
     (p) "United States." All of the 50 States, the District of Columbia and Puerto Rico.

1.500  Submission of Reports

Reference Section 20.6 and Section 20.10 of the Export Sales Reporting Regulations.

1.501  Reports should be completed in dark ink or typewritten and submitted weekly by facsimile machine (FAX) or electronic submission. Reports submitted by facsimile machine do not have to be followed by the original through the mail. The original report should be kept on file for reference. Firms wishing to submit computer printouts in lieu of standard report forms must contact the Export Sales Reporting staff for approval.

1.502 When completing the report, each page must show the complete name and address of the exporter as well as the person or persons authorized to execute the form. The name of the exporter is required on each page so that all outstanding sales for each commodity can be identified for each firm. In order that any questions regarding a report can be quickly resolved, the name, title, office location and telephone number of the authorized person or persons are required. For each report, it is suggested that FAS-97 and FAS-l00 be completed first, followed by FAS-98.

1.503 A report is required for each commodity listed in Section V until a zero balance is attained. Section V is the same as Appendix I of the Export Sales Reporting Regulations with the addition of assigned commodity codes. A zero balance must be reported prior to discontinuing reporting of a commodity.

1.504 After reporting a zero balance, it is the responsibility of each exporter to commence reporting again once a new export sale, a new export for exporter's own account, a new purchase from a foreign seller, or a new optional origin sale is made. Forms FAS-97, FAS-98 or FAS-l00 should be used in these instances. Item 6 should begin with zero for the first reporting period. (See Example 1, Column 3, Line 6).

1.505 Records for each reporting exporter should be established and maintained so as to eliminate the possibility of within company and between company duplication of reporting. Section 20.6(c) of the Export Sales Reporting Regulations provides several examples of who is considered the reporting exporter.

1.506 Reports shall be submitted:

(a) By FAX to:   (202) 690-3270 or  (202) 690-3273

(b) Internet:      https://ww2.fas.usda.gov/esr_rpt

(c) ASCII Comma Delimited Text File:  esr@fas.usda.gov

1.507 Questions regarding the report may be discussed with the Export Sales Reporting Staff by telephoning (202) 720-9209, by FAX, or by email: esr@fas.usda.gov.

1.600 Time of Reporting

1.601 Weekly Reporting. Reporting shall be on a weekly basis for those commodities designated in Section V, Paragraph 5.100. Weekly reports shall reflect activity from Friday through Thursday of the reporting week. Reports must be received in the Export Sales Reporting office, by midnight, Eastern time on the following Monday unless otherwise approved in advance by that office. If Friday or Monday is a national holiday, the due date shall be Tuesday.

1.602 Monthly Reporting. Reporting shall be on a monthly basis only for those commodities designated in Section V, Paragraph 5.200. Monthly reports shall reflect activity through the last day of the month. Reports must be submitted in a manner to reach the Export Sales Reporting Staff, by midnight, Eastern time on the fourth business day after the end of the month.

1.603 Daily Reporting. Reporting shall be on a daily basis for significant export sales activity affecting export commitments of U.S. agricultural commodities designated in Section III, Paragraph 3.102. Reports must be telephoned to the Export Sales Reporting Staff at (202) 720-9209, no later than 3:00 p.m., Eastern time on the next business day following the reportable transactions. (See Section III, Paragraph 3.100 for additional instructions).

II. COMPLETING REPORT FORMS

2.100   Items Common to all Forms (SEE EXAMPLE l)
           (FAS-97, FAS-98, FAS-99, and FAS-l00)

2.101   Item l - Report for Period Ending.

1 REPORT FOR
PERIOD ENDING

YR.
  

MO.
  

DA
  

Enter as two digit sets for month and date, (the last day of the reporting period) and four digit set for year.

Example:

December 20, 2007 should be entered 12/20/2007.

2.102 Item 2 - Commodity Name.

2 COMMODITY NAME
  

Refer to Section V of these instructions. Also, refer to Section 20.6(f) of the Export Sales Reporting Regulations for contracts with optional class or kind of commodity. Enter appropriate commodity as it appears in the list of commodities and subject to reporting.

2.103 Item 3 - Commodity Code.

3 COMMODITY CODE
  

Enter the commodity code as it appears in Section V of these instructions. Submit separate forms for each commodity.

2.104 Item 4 - Marketing Year.

4 MARKETING YEAR

20 __ /_

01 02 03

(For FAS use only)

Enter the marketing year the commodity will be or is expected to be shipped. See the list of commodities in Section V for the defined marketing year. Contracts with delivery schedules providing for shipment in more than one marketing year should be allocated based on the expected time of shipment. The final two-digits of the beginning and ending year of the marketing year should be recorded, such as "07/08".

Except for cattle hides and skins and beef, only the final two-digits of the marketing year (same as calendar year) should be recorded for cattle hides and skins and beef. Submit separate forms for each marketing year.

2.105 Item 5 - Country of Destination.

5 COUNTRY OF DESTINATION

  NAME NAME  
  CODE CODE  
 

Enter country name and four-digit country code from Section IV of these instructions. Do not show a specific port as a country. Shipments to countries not on the provided list will be given specific codes as the need arises. If the country of destination is not shown in Section IV, enter only the name of the country of destination. If the country of destination is not specified or known at time of filing the report enter "unknown" (code 9990).

2.106 Exporter/Firm Number.

EXPORTER (Name and Address)
  
FIRM NO.
  

Fill in complete company name and full mailing address on each page of the report. Enter your assigned "firm number" in the box provided.

2.107 Person (s) Authorized to Execute this Form.

PERSON(S) AUTHORIZED TO EXECUTE THIS
FORM (Name, title, office location & phone number)

Give full name(s), title(s) of person(s), and ten-digit telephone number. This should be the person(s) in the company responsible for filling out the report and who can be contacted if there are questions about the report. If this person is in an office at a different location from the mailing address of the exporter, give the office location.

2.108 Certification.

CERTIFICATION
The undersigned hereby certifies that the information contained in this report of __ page(s) in an accurate statement. A false statement in the certification may subject the undersigned to criminal and civil penalties under Federal statutes.
SIGNATURE DATE

The person authorized to sign the report need sign only the first page after entering in the space provided the number of pages submitted with each report.

2.109 Unit of Measure. All commodities must be reported in the following unit of measure:

Raw Cotton  -  Running Bales
Cattle Hides & Skins  -  Pieces, Hide Equivalents, or
Pounds, as appropriate
All Other Commodities  -  Metric Tons

2.110 Unusual Entries. Flag with an asterisk any unusual entries and explain in the remarks section. Errors in previous reports should also be noted in this manner. (See Example 3, Column l, Line 10).

2.200 Form FAS-97 Report of Optional Origin Sales.
         (United States and Other Countries)

2.201 Refer to paragraphs 2.100 through 2.110 for items 1 through 5, exporter, person (s) authorized to execute form, certification, and unit of measure.

2.202 Item 6. Enter by country of destination, the total quantity of outstanding optional origin export sales from Item 15 of the previous report. If there was no outstanding sales balance from the previous report, enter zero. Do not include any tolerances. For wheat flour report actual product weight. Do not convert to whole wheat basis.

2.203 Item 7. Enter by country of destination:

(a) Total quantity of optional origin sales made during the reporting period; plus,
(b) Any increase to the contract quantity previously reported.

If a commodity under an optional origin export sale was reported but now a different commodity is to be exported, include the quantity for the new commodity. If the marketing year of an optional origin sale previously reported has been changed, include the quantity under the new marketing year. (See 2.208 and 2.209 for reducing the quantity previously reported).

2.204 Item 8. Enter the quantity of this commodity for this marketing year transferred to this country from another previously reported destination.

2.205 Item 9. Enter by country of destination, the total of Items 6, 7 and 8.

2.206 Item 10. Enter by country of destination, the quantity in which an option was exercised to export the commodity from the United States and also include the quantity in Item 7 of FAS-98.

2.207 Item 11. Enter by country of destination, the quantity in which an option was exercised during the reporting period to export the commodity from other than the United States.

2.208 Item 12. Enter by country of destination, the total quantity of optional origin sales canceled or contract adjustment, or part thereof. Include "buyback" of optional origin contracts here. If the commodity or marketing year of an optional origin sale previously reported has been changed, include the incorrect quantity of the commodity as previously reported.

2.209 Item 13. Enter the quantity of this commodity for this marketing year transferred from this country to another destination.

2.210 Item 14. Enter by country of destination, the total of Items 10, 11, 12, and 13.

2.211 Item 15. Enter by country of destination, the total outstanding balance of optional origin sales. Item 9 minus Item 14.

2.300 Form FAS-98. Report of Export Sales and Exports.
         (United States Origin Only)

2.301 General. When purchases from foreign sellers exceed export sales to a destination, a negative balance results. Therefore, Items 6, 9 and 15 may be negative as long as this situation exists. Item 10 may also be negative, for any reporting period that has reductions in previously reported purchases from foreign sellers that exceeded increases during the period. All negative entries should be placed in brackets [ ] to distinguish them for editing. (See Examples 2 and 3).

2.302 Refer to paragraphs 2.100 through 2.110 for items 1 through 5, exporter, person (s) authorized to execute form, certification, and unit of measure.

2.303 Item 6. Enter by country of destination, the outstanding balance of export sales from Item 15 of previous report. If there was no outstanding balance from the previous week, enter zero. Do not include tolerances. For wheat flour, report actual product weight. Do not covert to whole wheat basis.

2.304 Item 7. Enter by country of destination:

     (a) Total quantity of export sales made during the reporting period exclusive of any upward or downward tolerance;
     (b) Any increase to the contract quantity of export sales previously reported;
     (c) Any export sale made against an export that has already been made for the exporter's own account; and
     (d) Any optional origin sales for which the option to export from the United States was exercised during the reporting period and reported in Item 10 of
FAS-97.

If a commodity has been shipped, but an upward adjustment is needed to cover tolerances in the contract, the adjustment should be made here. (See Example 2, Column 2, Line 4). If a commodity under an optional commodity sale for export was reported and now a different commodity is to be exported, include the quantity of the new commodity. If the marketing year of an export sale previously reported has been changed, include the quantity as an export sale under the new marketing year. (These changes may require a new FAS-98). If an export sale and the export against that export sale were made during the reporting period, include the export sale quantity even though shipment has already been made.

2.305 Item 8. Enter the quantity of this commodity for this marketing year transferred to this country from another previously reported destination. (See Example 3, Column 1, Line 8).

2.306 Item 9. Enter by country of destination, the total of Items 6, 7 and 8.

2.307 Item 10. Enter by country of destination, only quantities of U.S. origin purchases from foreign sellers entered into during the reporting period and changes which affect previously reported outstanding balances. Refer to Section 20.4(m) of the Export Sales Reporting Regulations for definition of purchases from foreign sellers. Show quantities of cancellations, buy-backs, contract reductions, reductions in applications such as changes in destination and applications to domestic sales for foreign purchases [negative values] in brackets. (See Example 3, Column l, Line 10). All reporting of foreign purchases is to be reflected in this item.

2.308 Item 11. Enter by country of destination, total quantity of export sales canceled, or part thereof. Such changes include changes in destination, contract quantity adjustments, buy-backs, cancellations, and applications to domestic sales. If a commodity was exported during the reporting period and a downward adjustment in the export sale is needed to allow for tolerances in the contract, the downward adjustment should be made in this item. If the commodity or marketing year of an export sale previously reported has been changed, include the quantity of the commodity as previously reported. (See Example 1, Column 1, Line 11).

2.309 Item 12. Enter the quantity of this commodity for this marketing year transferred from this country to another destination. (See Example 3, Column 2, Line 12).

2.310 Item 13. Enter by country of destination, exports made against sales previously reported. If an export sale and shipment against the sale were both made during the reporting period, include the quantity exported. Quantity should include dockage, but exclude packaging material. Responsibility for reporting export shipments involved in "string transactions" containing one or more purchases from foreign sellers is assigned to the reporting exporter with an outstanding export sale who is either the first member or the nearest member in the string to the domestic supplier of the commodity. The export shipment is to be reported when the vessel has been loaded and advice of loading given. Exports should not be reported to unknown destination unless the exporter has made a diligent effort to obtain the ultimate destination reported to the Bureau of Customs on the Shipper's Export Declaration. When the destination is not obtainable, a notation should be included in the remarks section. Any correction of a quantity previously reported in this item requires special handling for summary purposes. Explain the situation in detail in the remarks section so that appropriate action can be taken to adjust previously reported exports.

2.311 Item 14. Enter by country of destination, the total of Items 10, 11, 12 and 13.

2.312 Item 15. Enter by country of destination, the total outstanding balance of export sales. Item 9 minus Item 14.

2.400 Form FAS-100. Report of Exports for Exporter's Own Account.
         (United States Origin Only)

2.401 General. This form is designed to give balance sheet control to exports for exporter's own account (Refer to Section 20.4(g) of the Export Sales Reporting Regulations). While this category is small, it has often been misunderstood and difficult to control. Through proper use of this form, all transactions relating to exports for own account will be traceable. The FAS-100 is an intermediate step in the flow of transaction reporting. In general, this form is used to report commodities that have been shipped from the U.S. but are unsold or have not been allocated to existing sales contracts.

Examples where FAS-l00 should be used are:

     (a) Reporting of commodities held in bond outside the U.S. for later shipment to other foreign countries;
     (b) Commodities that are in transit to a foreign country but no buyer has been identified (unsold afloat); and
     (c) Commodities shipped on consignment to selling agents of the reporting exporter for subsequent sale for the reporting exporter.

2.402 Refer to paragraphs 2.100 through 2.110 for Items 1through 5, exporter, person (s) authorized to execute form, certification, and unit of measure.

2.403 Item 5. Country refers to the location where the commodity will be held in the exporter's own account for later shipment to its final destination. If the commodity is "unsold afloat", report country as "unknown". Refer to Paragraph 2.105 for general discussion of reporting destinations.

2.404 Item 6. Report by country of present location, the outstanding balance from the previous report, or report zero if there was no previous balance.

2.405 Item 7. Enter by country of destination:

     (a) New exports of unsold commodities for exporter's own account;
     (b) The quantity of this commodity transferred to this country of destination from another previously reported destination; (Also see paragraph 2.408(c).)
     (c) Quantities of this commodity purchased domestically from another reporting exporter after having been exported for account of such exporter and not applied to new or outstanding sale. If quantity purchased is to be applied to new export sale not previously reported, include on
FAS-98, Item 7 and Item 13. If quantity is to be applied to previously reported outstanding sale, enter this quantity on FAS-98, Item 13; and
      (d) Increases to quantities previously exported and reported due to contract tolerances and adjustments.

2.406 Item 8. Enter by country of destination, the total of Items 6 and 7.

2.407 Item 9. Enter by country of destination:

     (a) The quantity of previously reported exports for own account applied to new export sales. Include this quantity on FAS-98, Item 7 and 13 under appropriate country of destination; and
     (b) The quantity of previously reported exports for own account applied to outstanding export sales previously reported on FAS-98. Include this quantity on FAS-98, Item 13, under appropriate country of destination.

2.408 Item 10. Enter by country of destination, decreases in exporter's own account the quantity previously reported resulting from:

      (a) Sales to another reporting exporter;
      (b) Contract loading tolerances or warehouse adjustments; or
      (c) Transfers from this country of destination to another destination. Include also in Item 7 for new destination.

2.409 Item 11. Enter by country of destination, the total of Items 9 and 10.

2.410 Item 12. Enter by country, outstanding balance of exports for exporter's own account. Item 8 minus Item 11.

III. ADDITIONAL REPORTS AND INFORMATION

3.100 Daily Reporting of Significant Export Sales Activity

3.101 Background. The system for daily reporting of significant export sales activity was originally established on September 12, 1974, under the provisions of Section 20.11 of the Export Sales Reporting Regulations. This daily reporting requirement, which supplements the weekly reporting system, provides timely information on significant export sales activity affecting export commitments of designated U.S. agricultural commodities.

3.102 Commodities to be Reported. Wheat, corn, grain sorghum, barley, oats, soybeans, soybean cake and meal, and soybean oil. Transactions involving wheat are reportable whether comprised of one class, several classes or changes among classes.

3.103 Quantities to be Reported:

    (a) For Reportable Commodities Except Soybean Oil - Quantities of 100,000 metric tons, or more, in any one calendar day. Quantities totaling 200,000 metric tons, or more, (excluding any previously reported daily sales) in any one reporting period (Friday through Thursday) for transactions described below; and
    (b) For Soybean Oil Only - Quantities of 20,000 metric tons, or more, in any one calendar day. Quantities totaling 40,000 metric tons, or more, (excluding any previously reported daily sales) in any one reporting period (Friday through Thursday) for transactions described below.

3.l04 Transactions to be Reported. Transactions which involve one commodity to one country of destination (including "unknown destinations") in quantities specified in paragraph 3.103 are reportable as follows:

(a) Export sales of U.S. or optional origin commodities;
(b) Purchases of U.S. commodities from foreign sellers; and
(c) Changes in previously reported export sales or purchases of U.S. commodities from foreign sellers. Reportable changes affecting export sales of U.S. or optional origin commodities and purchases of U.S. commodities from foreign sellers previously reported under either the weekly or daily reporting systems include:

1. Increases;
2. Cancellations, buy-backs, or reductions;
3. Changes in country of destination including changes:

     (a) from one country of destination to one or more countries of destination; or
     (b) from one or more countries of destination to one country of destination;

4. Changes in commodity, including changes in classes of wheat or marketing year; 
5. Corrections or adjustments; and
6. Options exercised under optional origin export sales including options exercised to export the commodity

(a) from the United States; or
(b) from other than the United States.

3.105 Transactions not to be Reported. Transactions under Title I, Public Law 480, need not be reported under the daily reporting system but must be reported under the weekly reporting system.

3.106 Reporting Transactions. By no later than 3:00 p.m., Eastern time on the next business day following the date of reportable transactions, exporters must make a telephonic report to the Export Sales Reporting Staff on (202) 720-9209 or if unable to contact the ESR staff, please send the following information to the ESR mail box at esr@fas.usda.gov. The information to be reported is as follows:

(a) Name, address and telephone number of reporting exporter;
(b) Assigned firm number;
(c) Name of person reporting;
(d) Type of transaction;
(e) Commodity (including classes of wheat);
(f) Country of destination;
(g) Quantity - by delivery period and by marketing year;
(h) Date of export sale or foreign purchase;
(i) Whether or not an optional origin export sale;
(j) Contract number; and
(k) Name of buyer.

When reporting changes to previously reported transactions as described in paragraph 3.104(c), the following additional information must be furnished:

(l) Original country of destination, commodity, marketing year or other information reported;
(m) Date of:

l. Reportable change to previously reported export sales or foreign purchases; or
2. Reportable option exercised under optional origin export sales; and

(n) Date previously reported and daily report transaction number assigned, if applicable.

3.107 Confirming Information Reported. A copy of the form on which reported information is recorded will be immediately returned by FAX to the reporting exporter. The information contained on the form should be reviewed as soon as it is received and corrections, if any, should be reported promptly by telephone. Written confirmation to the Export Sales Reporting Staff by the reporting exporter is optional.

3.108  Release of Summary Information. Summaries of daily reported transactions will be included in a Departmental press release issued at 9:00 a.m., on the next business day. In addition, compilations of such transactions will be included in the weekly "U.S. Export Sales" report. However, the names of exporters and their individual reports will remain confidential in accordance with Section 20.7 of the Export Sales Reporting Regulations.

3.109 Other Reporting Requirements. Daily reports do not relieve the exporter from the requirement to make weekly and other reports required by the Export Sales Reporting Regulations.

FAS-99, CONTRACT TERMS SUPPORTING EXPORT SALES AND FOREIGN PURCHASES

3.200 Form FAS-99. Contract Terms Supporting Export Sales and Foreign Purchases

3.201 General. Refer to Sections 20.6(d) and 20.11 of the Export Sales Reporting Regulations. Reporting exporters will be notified on an individual basis when to file FAS-99. This notification will include the date of report to be used in Item l of the form. Reporting exporters should be certain that the outstanding balance reported on FAS-97 and FAS-98 corresponds with the sales and purchases reported on FAS-99. A copy may be made of the prior report and updated by drawing a line through contracts no longer outstanding and adding new contracts on additional pages. When using this method, always change the date in Item l and recertify the report with an original signature. Separate sheets should be used for:

(a) U.S. origin export sales;
(b) Optional origin export sales; and
(c) Foreign purchases.

3.202 Export Sales. When reporting export sales, cross out "Foreign Purchases" in the title of the form.

3.203 Foreign Purchases. When reporting foreign purchases, cross out "Export Sales" in the title of the form.

3.204 Refer to paragraphs 2.100 through 2.109 for Items 1 through 4, exporter, person(s) authorized to execute form, certification, and unit of measure.

3.205 Column A. Enter your firm's contract number.

3.206 Column B. Enter the date of the contract.

3.207 Column C. Enter the name of the foreign buyer or seller as shown on the contract.

3.208 Columns D and E. Enter the beginning and ending dates of the delivery period specified in the contract. These dates should only be changed on subsequent reports if the contract has been renegotiate or amended. If the delivery period spans two marketing years, allocate the quantity to be shipped each marketing year. Report on separate forms the allocated quantity to be delivered each marketing year. If the delivery period begins in May and ends in June and the commodity marketing year ends on May 31, allocate the quantity to be shipped in each of the two months. Report the quantity for May on the form for the current marketing year and the amount for June on the form for the next marketing year. If the delivery period begins September 2007 and ends December 2007, report 09/07 in column (D) and 12/07 in column (E).

3.209 Column F. Enter the delivery terms specified in the contract (FOB, CIF, C&F, FAS, etc.).

3.210 Column G. Enter the actual quantity as stated in the contract in units specified in Section 5.100.

3.211 Column H. Enter the quantity scheduled for export during the marketing year and not yet exported against the contract exclusive of upward or downward tolerances.

3.212 Columns I and J. Enter the country of destination as stated in the contract and the country code from Section IV of these instructions. If not known at the time of filing the report, enter "unknown" (9990).