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CHAPTER IV-FOREIGN-TRADE ZONES BOARD

PART 400-GENERAL REGULATIONS

GOVERNING FOREIGN-TRADE
ZONES IN THE UNITED STATES,
WITH RULES OF PROCEDURE

DEFINITIONS
Sec.
400.100 Act.
400.101 Zone.
400.102 Secretary of Commerce.
400.103 Board.
400.104 State.
400.105 Corporation.
400.106 Applicant.
400.107 Grantee.
400.108 District Director of Customs.
400.109 District Engineer.
400.110 Examiner.

JURISDICTION AND AUTHORITY OF BOARD 400.200 Duties of the Board. 400.201 Cooperation with other agencies. 400.202 Cooperation with Board of other

agencies of the Government. 400.203 Executive Order No. 7104.

NUMBER AND LOCATION OF ZONES 400.300 Each port of entry entitled to at

least one zone. 400.301 Port of entry located in more than

one State entitled to a zone in

each such State. 400.802 Zone may be authorized in each of

two cities separated by water in

one port of entry. 400.303 Additional zones in port of entry

may be authorized by Board. 400.304 Zones for specialized purposes. ECONOMIC, FINANCIAL, AND PHYSICAL REQUIRE

MENTS FOR ESTABLISHMENT OF ZONE 400.400 Economic survey of proposed zone. 400.401 Proof of ability of applicant ade

ELIGIBLE APPLICANTS Sec. 400.500 Grants made to corporations. 400.501 Requirements for grant where har

bor facilities owned and controlled by State and by munic

ipality. 400.502 Act of State legislature necessary

in case of private corporations. 400.503 Preference to public corporations.

APPLICATIONS FOR GRANTS 400.600 Address. 400.601 Number of copies. 400.602 Form and content. 400.603 Exhibits. 400.604 Additional information. 400.605 Public notice of application. 400.606 Amendments. 400.607 Applications for expansion of zone

and modification of zone bound

aries. 400.608 Determining filing date. 400.609 Information exempt from public

inspection.

GRANTS SUBJECT TO CONDITIONS 400.700 Failure to comply with conditions

of grant. 400.701 Disposition of grant prohibited. 400.702 Special conditions.

OPERATION OF ZONE 400.800 Operations in zone, and forms and Sec. 400.811 All persons entering zone bound

quately to finance zone. 400.402 Physical facilities required in the

operation of a zone.
400.403 Construction and operation of

equipment for segregation from
customs territory and quarters
for personnel.

procedures.
400.801 Merchandise permitted in a zone.
400.802 Disposition of merchandise in a

zone. 400.803 Manipulation, manufacture, and

exhibition of merchandise. 400.804 Status of merchandise in a zone. 400.805 Use of zone by carriers. 400.806 Subsequent importation of zone

merchandise. 400.807 Exclusion from zone of goods or

process of treatment. 400.808 Retail trade within zone. 400.809 Residence within zone. 400.810 Employees and persons entering

and leaving zone.

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by regulations. 400.812 Identification of employees within

zone. 400.813 Hours of business and service. 400.814 Payment of customs officers and

employees. 400.815 Erection of buildings within zone

by persons other than grantee.

MAINTENANCE OF ZONE 400.900 Structures and facilities to be

maintained in good order. 400.901 Penalty for failure to make repairs

or alterations.

ADMINISTRATION OF ZONE 400.1000 Operation, maintenance and ad

ministration. 400.1001 Regulations promulgated by gran

tee, and posting of regulations

within zone. 400.1002 Grantee's reports to Board. 400.1002a Uniform system of accounts, rec

ords, and reports. 400.1003 Zones to be operated as public

utilities. 400.1004 Inspection of zones. 400.1005 Separability of regulations in event

of invalidity. 400.1006 Changes in regulations. 400.1007 Authority for publishing, posting,

and filing of schedules of rates

and charges. 400.1008 Adoption and issuance of sched

ules. 400.1009 Definitions. 400.1010 Designation of agent for issuance

of schedules. 400.1011 Uniformity of schedules. 400.1012 Construction of schedules. 400.1013 Additional instructions. 400.1014 Requirements for accounts, rec

ords, and reports.

USE OF GOVERNMENT PROPERTY 400.1100 Use of Government property. VIOLATION OF PROVISIONS OF ACT OR

REGULATIONS 400.1200 Pine imposed for violation of act

or regulations. 400.1201 Revocation of grant. 400.1202 Procedure for revocation. 400.1203 Appeal from revocation order.

RULES OF PROCEDURE AND PRACTICE 400.1800 Headquarters. 400.1301 Executive Secretary of the Board. 400.1302 Committee of Alternates. 400.1303 Transaction of board business. 400.1304 Order of business. 400.1305 Authorization for hearings. 400.1306 Orders of Board. 400.1307 Applications. 400.1308 Examiners Committee. 400.1309 Hearings before Examiners Com

mittee.

Sec.
400.1310 Submission of further evidence.
400.1311 Rehearing on application.
400.1312 Action of Board on application.
400.1813 Payment for inspection.
400.1314 Construction of zone.
400.1315 Evidence
400.1316 Object of hearing.
400.1317 Notice of hearing.
400.1318 Procedure at hearing.
400.1319 Adjournment of hearing.
400.1320 Record of proceedings.
400.1321 Additional rules of practice.

PUBLIC INFORMATION 400.1400 Policy. 400.1401 Public information activities. 400.1402 Availability of materials for in

spection and copying. 400.1403 Requests for identifiable records. 400.1404 Determinations of availability of

records. 400.1405 Requests for reconsideration of

nonavailability. 400.1406 Security information.

AUTHORITY: The provisions of this Part 400 Issued under sec. 8, 48 Stat. 1000; 19 U.S.C. 81h, unless otherwise noted.

SOURCE: The provisions of this part 400 contained in Regulations, June 29, 1935, unless otherwise noted.

DEFINITIONS $ 400.100 Act.

The term “Act" means the ForeignTrade Zones Act of June 18, 1934 (48 Stat. 998–1003; 19 U.S.C. 81a-81u), as amended by Public Law 566, 81st Congress, approved June 17, 1950. (Order 29, 17 F. R. 6316, June 11, 1952) $ 400.101 Zone.

The term “zone" means a “foreigntrade zone." It is an isolated, enclosed, and policed area, operated as a public utility, in or adjacent to a port of entry, furnished with facilities for lading, unlading, handling, storing, mainipulating, manufacturing, and exhibiting goods, and for reshipping them by land, water, or air. Any foreign and domestic merchandise, except such as is prohibited by law or such as the Board may order to be excluded as detrimental to the public interest, health, or safety may be brought into a zone without being subject to the customs laws of the United States governing the entry of goods or the payment of duty thereon; and such merchandise permitted in a zone may be stored. exhibited, manufactured, mixed or manipulated in any inanner, except as provided in the act and other applicable laws or regulations. The merchandise

may be exported, destroyed, or sent into ing, operating, and maintaining a forcustoms territory from the zone, in the eign-trade zone has been granted. original package or otherwise. It is (Sec. 1, 48 Stat. 998; 19 U. 8. C. 81a) subject to customs duties if sent into

400.108 District Director of Customs. customs territory, but not if reshipped to foreign points.

The term “District Director of Cus(Order 29, 17 F. R. 5316, June 11, 19521

toms" means the director of customs in

whose district the zone is located. CROSS REFERENCES: For Immigration regulations, see 8 CFR Chapter I. Regulations of

(Regulations, June 29, 1935, as amended by Bureau of Customs, see 19 CFR Chapter I.

Order 74, 32 F.R. 13714, Sept. 30, 1967) Postal Service, see 39 CFR Chapter I. Public

$ 400.109 District Engineer. Health, see 42 CFR Chapter I.

The term "District Engineer" means $ 400.102 Secretary of Commerce.

the engineer of the Department of the The term “Secretary" means the Secre- Army in whose district the zone is tary of Commerce.

located. $ 400.103 Board.

(Order 17, 14 F. R. 3671, July 2, 1949) The term "Board” means the Board

$ 400.110 Examiner. created by the act to carry out the pro- The term "examiner" means an emvisions thereof. The Board shall con

ployee of the Board, an expert, officer, sist of the Secretary of Commerce, who engineer, or any other person who is shall be chairman and executive officer, designated by the Board to conduct an the Secretary of the Treasury, and the investigation concerning the establishSecretary of the Army.

ment, operation, maintenance, or admin(Order 17, 14 F. R. 3671, July 2, 1949)

istration of a zone. $ 400.104 State.

JURISDICTION AND AUTHORITY OF BOARD The term "State" includes any State,

$ 400.200 Duties of the Board. the District of Columbia, and Puerto Rico.

The Board is authorized, subject to the (Order 74, F.R. 13714, Sept. 30, 1967)

provisions of the act, the laws governing

the navigable waters of the United 8 400.105 Corporation.

States, the laws governing foreign and The term “corporation" means a pub

interstate commerce, those controlling lic or a private corporation:

the revenue, the Shipping Act of 1916, (a) “Public corporation"

as amended (46 U.S.C. secs. 801 et seq.),

means State, political subdivision thereof, a

the Interstate Commerce Act (49 U.S.C. municipality, a public agency of a State,

secs. 1 et seq.), and other laws of the political subdivision thereof, or munici

United States applicable to zones: pality, or a corporate municipal instru

(a) To grant to corporations, subject mentality of one or more States.

to the conditions and restrictions of the (b) “Private corporation" means any

act and of the rules and regulations corporation (other than a public corpo

made thereunder, the privilege of estabration) which is organized for the pur- lishing, operating, and maintaining pose of establishing, operating, and foreign-trade zones in or adjacent to maintaining a foreign-trade zone and ports of entry under the jurisdiction of which is chartered under a special act the United States, if it finds that the pro(enacted after June 18, 1934) of the

posed plans and location are suitable State or States within which it is to op

for the accomplishment of the purpose erate such zone.

of the foreign-trade zone under the act. (Sec. 1, 48 Stat. 998; 19 U. S. C. 81a)

and that the facilities and appurtenances $ 400.106 Applicant.

which it is proposed to provide are The term “applicant" means a cor- sufficient. poration applying for the right to estab- (b) To prescribe such rules and regulish, operate, and maintain a foreign

lations as may be necessary to establish trade zone.

and conduct such zones. (Sec. 1, 48 Stat. 998; 19 U. S. C. 81a)

(c) To approve rates and charges for $ 400. 107 Grantee.

all services or privileges within the zone, The term "grantee" means a corpora- and to assure uniform treatment under tion to which the privilege of establish- like conditions to users of the zone or

a

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to merchandise within the zone subject Government will furnish to the Board to such treaties or commercial conven- such records, papers, and information in tions in force at the time.

their possession as may be required by (d) To require compliance with lawful the Board, and temporarily detail to the regulations of the Board and of other service of the Board such officers, exGovernment departments, State or mu- perts, or engineers as may be necessary nicipal agencies, which may be appli- to enable the Board to carry out its cable to the zone.

duties under the act. (e) To prescribe the form and manner

(Sec. 10. 48 Stat. 1001; 19 U.S.C. 81j) of keeping the accounts of the zone. (f) To require the submission annu

$ 400.203 Executive Order No. 7104. ally, and at such other times as the Board Executive departments and other may prescribe, of reports containing full establishments of the Government are statements of the operations, receipts, hereby ordered and directed to cooperate and expenditures, and such other infor- with the Board established by the act of mation as the Board may require.

June 18, 1934 (48 Stat. 998–1003; 19 (g) To Inspect and examine at such U.S.C. 812–81u), for carrying out the times as the Board may deem advisable purposes thereof, and at the request of the premises, operations, or accounts of the said Board to furnish it such records, the grantee.

papers, and information in their posses(h) To impose fines of not to exceed sion, as it may require, and to ternpo$1,000 per day for violations of the act rarily detail to its service such officers, or of the regulations in this part.

experts, or engineers as may be neces(1) To revoke the grant of any corpo- sary for the purpose of facilitating the ration after due notice and public hear- investigation of the Board and its work ing for repeated and willful violations of in connection with the establishment, the act.

operation, and maintenance of foreign(j) To prescribe reasonable and uni- trade zones. form regulations for like conditions and

(E. O. 7104, July 18, 1935) circumstances for the erection of buildings within the zone by other than the NUMBER AND LOCATION OF ZONES grantee.

$ 400.300 Each port of entry entitled to (k) To make a report to the Congress at least one zone. on the first day of each regular session,

Subject to the provisions of the act containing a summary of the operation and fiscal condition of each zone, and to

and of the regulations in this part, each transmit therewith copies of the annual

port of entry shall be entitled to at least

one zone. report of each grantee.

(1) To perform such other duties as (Sec. 2, 48 Stat. 999; 19 U. S. C. 81b) may be necessary to administer the pro

$ 400.301 Port of entry located in more visions of the act.

than one State entitled to a zone in [Regulations, June 29, 1935, as amended by

each such State. Order 86, 36 F.R. 24930, Dec. 24, 1971]

When a port of entry is located within § 400.201 Cooperation with other the confines of more than one State, agencies.

such port of entry shall be entitled to a The Board is authorized to cooperate:

zone in each of such States. (a) With other Government depart

(Sec. 2, 48 Stat. 999; 19 U. 8. C. 816) ments or other Federal agencies having

$ 400.302 Zone may be authorized in jurisdiction in or adjacent to ports of each of two cities separated by water entry.

in one port of entry. (b) With State and local authorities

When two cities separated by water in the exercise of their police, sanitary,

are embraced in one port of entry, a zone and other powers in connection with the

may be authorized in each of said cities, zone.

or in territory adjacent thereto. (Sec. 9, 48 Stat. 1000; 19 U.S.C. 811)

(Sec. 2, 48 Stat. 999; 19 U. 8. C. 81b) $ 400.202 Cooperation with Board of

§ 400.303 Additional zones in port of other agencies of the Government.

entry may be authorized by Board. By authority of the act and Executive

Zones in addition to those to which a Order No. 7104, the executive depart- port of entry is entitled shall be auments and other establishments of the thorized only if the Board finds that

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existing or authorized zones will not serve adequately the convenience of commerce. (Sec. 2, 48 Stat. 999; 19 U. 8. C. 81b) $ 400.304 Zones for specialized pur

poses. The establishment of a zone, or a sub-zone in an area separate from an existing zone, for one or more of the specialized purposes of storing, manipulating, manufacturing, or exhibiting goods, may be authorized if the Board finds that existing or authorized zones will not serve adequately the convenience of commerce with respect to the proposed purposes. Order 29, 17 F.R. 5316, June 11, 1952) ECONOMIC, FINANCIAL, AND PHYSICAL RE

QUIREMENTS FOR ESTABLISHMENT OF

ZONE § 400.400 Economic survey of proposed

zone, Before a grant is made, an economic survey must demonstrate to the satisfaction of the Board that the anticipated commerce, benefits, and returns, both direct and indirect, will justify its construction to expedite and encourage foreign commerce. In considering che economic impact of the proposai, the Board will take into account its impact on the U.S. balance of payments, as well as its environmental impact in the light of national policy. [Regulations, June 29, 1935, as amended by Order 86, 36 F.R. 24929, Dec. 24, 1971]

NOTE: The amendment at 36 F.R. 24929, adding the last sentence, is effective 30 days after publication. § 400.401

Proof of ability of applicant adequately to finance zone. The ability of the applicant adequately to finance and conduct the undertaking must be demonstrated to the complete satisfaction of the Board. $ 400.402 Physical facilities required in

the operation of a zone. (a) Where zone will be adjacent to water. (1) Adequate slips to accommodate vessels engaged in foreign trade.

12) Wharves and docks suitably constructed for the needs of the specific commodities to be handled over them.

13) Mooring facilities for the protection of vessels while loading, unloading, or awaiting berth.

(4) Transit sheds on the wharves for the protection of goods accumulated for

shipment or unloaded and awaiting disposition.

(5) Warehouses so constructed and located as to meet the requirements of goods to be stored and the special regulations of the Treasury Department to safeguard the revenue.

(6) Transportation connections with systems serving surrounding territory and other parts of the United States, so arranged as to permit of proper guarding and inspection for the protection of the revenue

(7) Fuel facilities for servicing vessels with coal or other fuel, with adequate reserve storage spaces.

(8) Light and power facilities throughout the zone, on the wharves and docks, and to meet any special requirements of the Treasury Department in safeguarding revenue.

9) Water and sewer mains constructed to meet approved plans for service and health protection

(10) Fire protection suitable for proper protection of zone and goods in storage.

(11) Administrative and living quarters and facilities for the officers and employees of the United States, State, and municipality, whose duties may require their presence within the zone.

(12) Adequate enclosures to segregate the zone from customs territory for the protection of the revenue, together with suitable provisions for ingress and egress of persons, conveyances, vessels, and merchandise.

(13) Sanitary facilities and appliances to conform to Federal and local requirements.

(14) Adequate facilities for the disinfection and fumigation of merchandise as required.

(15) Such other facilities as may be required by the Board.

rul Where zone will not be adjacent to water. (1) Warehouses so constructed and located as to meet the requirements of goods to be stored and the special regulations of the Treasury Department to safeguard the revenue.

(2) Transportation connections with systems serving surrounding territory and other parts of the United States, so arranged as to permit of proper guarding and inspection for the protection of the revenue.

(3) Light and power facilities throughout the zone, and to meet any special requirements of the Treasury Department in safeguarding the revenue.

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