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as the representatives may find necessary for a proper and thorough inspection of zone activities. $ 400.1005 Separability of regulations
in event of invalidity. If any provision of the regulations in this part, or the application thereof to any person or circumstances, be held invalid, the remainder of the regulations in this part and their application to other persons or circumstances shall not be affected thereby. $ 400.1006 Changes in regulations.
Regulations issued pursuant to the provisions of the act may be amended, supplemented, suspended or revoked, from time to time, as may be deemed necessary. Regulations shall not be construed as conferring privileges or interests which may not be adversely affected by subsequent regulations or by any changes whatsoever in existing regulations. (Order 17, 14 F. R. 3671, July 2, 1949) 8 400.1007 Authority for publishing,
posting, and filing of schedules of
rates and charges. Section 14 of the act of June 18, 1934 (48 Stat. 998; 19 U.S.C. 81n), provides
* all rates and charges for all services or privileges within the zone shall be fair and reasonable * $ 400.1003(b) provides that "* instructions concerning the publication, posting, and filing of such schedules will be issued by the Board * [Par. 1, Instr., Feb. 7, 1998] $ 400.1008 Adoption and issuance of
schedules, In accordance with the authority contained in § 400.1007, the Foreign-Trade Zones Board on February 7, 1938, adopted and issued the following instructions concerning the publication, posting, and filing of schedules containing all the rules, regulations, rates and charges for all services and privileges within foreigntrade zones. Additional instructions, and an elaboration or extension of those set forth herein, may be issued from time to time. (Par. 2, Instr., Feb. 7, 1938] $ 400.1009 Definitions.
That there may be no misunderstanding the following definitions are to be followed in the preparation of the schedules:
(a) Grantee. The term "grantee" means a corporation to which the privilege of establishing, operating, and maintaining a foreign-trade zone bas been granted, in accordance with the ForeignTrade Zones Act of June 18, 1934, as amnded (48 Stat. 998–1003; 19 U.S.C. 81n).
(b) Schedule. The term "schedule" means a publication stating rates and charges of a foreign-trade zone, and all rules and regulations applying in connection therewith and to general operating procedure.
(c) Publication. Should be construed as the act of constructing, or compiling and publishing a schedule which will include all pertinent information in connection with the rates, charges, rules, and regulations applicable thereto within a foreign-trade zone, and also such other schedules as may be inaugurated from time to time.
(d) Posting. Should be construed as the act of posting all effective schedules within a foreign-trade zone, and the general offices of the grantee, in such & manner that they will be accessible to the public, and can be conveniently in. spected. Requests may originate from the public for copies of effective sched. ules, and this also comes under the general heading of "posting" as such requests should be complied with to every reasonable degree.
(e) Filing. All schedules must be filed with the Foreign-Trade Zones Board and such other States or Federal regulating bodies as may subsequently exercise any jurisdiction in connection with the operation of foreign-trade zones. All original schedules so filed are, of course, considered as the effective schedules, unless otherwise cancelled or revised. (Par. 3, Instr., Feb. 7, 1938] $ 400.1010 Designation of agent for is.
suance of schedules. (a) The obligation to compile and publish, post and file schedules naming rates, charges, rules and regulations, applying at foreign-trade zones is a direct responsibility of
the grantee. The grantee should place such obligation and authority, through a power of attorney, with a member of its organization specifically designated to perform such work, thereby definitely fixing the responsibility for publishing, posting, and filing schedules on behalf of the grantee. The
granting of such authority to a specifically designated person would ratify and confirm the lawful action of such an agent of the grantee with respect to the responsibility imposed by law in connec. tion with publishing, filing, and posting of schedules. In other words, the granting of such a power of attorney to a designated person would serve the following purposes insofar as the grantee is concerned :
(1) Would give the person so designated the authority to publish, post and file schedules, and all revisions thereto on behalf of the grantee.
(2) Avoid duplication of this responsibility and possible conflict with respect to the material contained in schedules, by placing with one person the authority to carry out the provisions of the act with relation to publishing, posting and filing schedules.
(3) Would also place the responsibility for the unification and dissemination of information contained within schedules to the interested public, and the many other incidental details with regard to this important subject, upon the person granted the power of attorney.
(b) The granting of such authority to a specifically designated person could be limited in the following respects:
(1) By defining the period of time such power of attorney is to run.
(2) By stating the exact nature of responsibility for which the power of attorney is issued, for instance “to publish, post, and file schedules, and all incidental duties in relation thereto."
(c) From the above it will be seen that one of the main objectives to be accomplished thereby would be to limit the responsibility on behalf of the grantee to one person, a specifically designated authority, to handle all matters in relation to the publication, posting, and filing of schedules. Future developments of foreign-trade zones will undoubtedly reveal the numbers and kinds of schedules and revisions necessary to the conduct of sucha organizations. (Par. 4. Instr., Feb. 7, 1998) $ 400.1011 Uniformity of schedules.
In order that all original schedules and revisions embracing matters pertaining to foreign-trade zones, such as rates, charges, rules and regulations, and any additional schedules and revisions that may be subsequently issued, will be con
structed as uniformly as possible, the following is prescribed:
(a) All schedules shall be compiled and published in loose-leaf form, both the original schedule and subsequent revised pages conforming to a size of approximately 8 inches wide by 11 inches long.
(bi Schedules and revised pages shall be plainly printed, mimeographed or reproduced by other similar durable process on paper of good quality.
(c) The loose-leaf pages of the schedule shall be printed upon one side only, and each page consecutively numbered, beginning with "original page No. 1." etc., etc.
(d) A margin of not less than one (1) inch shall surround the schedule page, especially at the binding edge.
(e) No alteration in writing or erasure shall be made in any part of the schedule.
(f) A hard cardboard front and back cover shall be used in binding schedules, and allowance made for conveniently fastening and unfastening the schedule to permit insertion of revised pages from time to time.
(g) The front cover and back cover of schedules may be in any color which may be determined upon, but the pages within the schedule shall be white, at least commencing with original page number one up to and including the last page, and all revisions thereof. (Par. 5, Instr., Feb. 7, 1938) $ 400.1012 Construction of schedules,
All schedules should be constructed as simply as possible, but accuracy and comprehensiveness should not be sacrificed. The Board, therefore, instructs that the following general outline of the schedule be followed as closely as possible:
(a) Title page. The title page shall generally bear such items as:
(1) The name of the grantee or operator.
(2) The schedule number.
(3) Descriptive statement of the contents named within schedule.
(4) Location of zone.
(5) The date the schedule is issued and effective date.
(6) The name of the person by whom the schedule is issued.
This information may be given on the cover of the schedule as well as on the page constituting original page No. 1 of the schedule.
(b) Administrative organization page. On this page, which will form original page No. 2, shall be listed the public offcials and managing officers connected directly with the operation of the zone.
(c) Checking sheet for schedule. This standard method of noting corrections and additions to the schedule shall be used and followed by the grantee. The checking sheet shall carry an explanation for its use to all who are in possession of the original schedule.
(d) Table of contents. The table of contents shall follow the general outline as given in this section and shall include all major references by pages.
(e) Explanation of abbreviations and symbols. A complete list of abbreviations and symbols used in the schedule shall be explained.
(f) Definitions. There shall be given definitions of all terms used in this schedule relating to rules, regulations, rates and charges, also of any terms relating to the physical construction of this schedule. Where the Foreign-Trade Zones Board has supplied definitions for terms to be used herein, those definitions shall be used.
(g) Rules and regulations. Special care should be taken in the compilation of rules and regulations that they may be complete and self-explanatory with respect to their general application. It is suggested that rules and regulations of general application be segregated from those of specific or special application. It is also suggested that rules and regulations be grouped in their application, that is, concerning carriers, concerning cargo, concerning persons, concerning rates and charges, etc.
(h) Prohibited merchandise. There shall be listed all merchandise which has been excluded from the privileges of the zone for any reason.
(1) Rates and charges. (1) Applying to carriers: Herein shall be listed all charges applicable to carriers, their owners or agents, in the following manner: Vessels: towage, dockage, loading and discharging, running lines, fumigation, etc. Rail cars: switching charge, demurrage, etc.
Motortrucks; property privllege, loading and unloading, etc.
(2) Applying to cargo: All rates and charges collectible by the grantee against cargo shall be listed in separate tariffs for each service. Thus, tariffs for wharfage, handling, demurrage, storage, extra services, manipulation, loading and unloading, high piling, rental of equipment, minimum charges, etc., shall each show
the application of the tariff, space and labor rates, commodity and description necessary to apply the particular tariff, modifications of the tariff, and such other information necessary for the determination of rates and charges for a particular service. (Par. 6, Instr., Feb. 7, 1938] § 400.1013 Additional instructions.
Duplication should be avoided. A commodity once named within the schedule with all rates, charges, rules and regulations applying in connection therewith, will be considered as the effective tariff in force until subsequently revised in the form provided by means of revised pages.
The Foreign-Trade Zones Board shall be furnished with the original and seven copies of all schedules.
Changes or additions in the form of revised pages shall be submitted to the Foreign-Trade Zones Board within 3 days after such changes have been made.
All supplementary information concerning the quotation of rates and charges for commodities not within the schedule shall be furnished the ForeignTrade Zones Board within 10 days after such quotations are made. This is in addition to the construction of the schedule and should not be confused therewith.
All items carried in the schedule shall be numbered in consecutive sequence. (Par. 7, Instr., Feb. 7, 1938] § 400.1014 Requirements for accounts,
records, and reports. Zone grantees shall maintain their accounts in accordance with generally accepted principles of accounting, and in compliance with any requirements of Federal, State, or local governmental agencies having appropriate jurisdiction over the grantee. As to other records and reports, applicable provisions of the Uniform System of Accounts, Records, and Reports, approved by the Board on February 6, 1939, shall remain in effect, as modified by instructions issued by the Executive Secretary concerning preparation of Annual Reports dated July 6, 1964. Records kept under the System shall be retained for 5 years after the merchandise covered by such records has been forwarded from the zone. [Order 86, 36 F.R. 24930, Dec. 24, 1971)
NOTE: Order 86, 36 F.R. 24930, adding $ 400.1014, is effective 30 days after publication.
USE OF GOVERNMENT PROPERTY $ 400.1100 Use of Government property.
If the title to or right of user of any of the property to be included in a zone is in the United States, an agreement to use such property for zone purposes may be entered into between the grantee and the department or officer of the United States having control of the same, under such conditions, approved by the Board and such department or officer as may be agreed upon. VIOLATIONS OF PROVISIONS OF ACT OR
REGULATIONS $ 400.1200 Fine imposed for violation
of act or regulations. In case of a violation of the act or of any regulation under the act by the grantee, any officer, agent, or employee thereof responsible for or permitting any such violation shall be subject to a fine of not more than $1,000. Each day during which a violation continues shall constitute a separate offense. (Sec. 19, 48 Stat. 1003; 19 0.8.C. 818) $ 400.1201 Revocation of grant.
In the event of repeated willful violations by the grantee of any of the provisions of the act, the Board may revoke the grant after 4 months' notice to the grantee and after affording it an opportunity to be heard. The testimony taken before the Board shall be reduced to writing and filed in the records of the Board, together with the decision reached thereon. (Sec. 18, 48 Stat. 1002, as amended; 19 U.S.C. Blr) § 400.1202 Procedure for revocation.
In the conduct of any proceeding for the revocation of a grant the Board may compel the attendance of witnesses, the giving of testimony, and the production of documentary evidence; and for such purposes may invoke the aid of the district courts of the United States. (Sec. 18, 48 Stat. 1002, as amended; 19 U.S.C. 81r) § 400.1203 Appeal from revocation
order. An order issued by the Board revoking the grant shall be final and conclusive, unless within 90 days after its service the grantee appeals to the circuit court of appeals for the circuit in which the zone is located is filing with the clerk of said court a written petition praying
that the order of the Board be set aside. Such order shall be stayed pending the disposition of appellate proceedings by the court. The clerk of the court in which such a petition is filed shall immediately cause a copy thereof to be deliv. ered to the Board, and it shall forthwith prepare, certify, and file in the court a full and accurate transcript of the record in the proceedings held before it, under sections 18(c) of the act (48 Stat. 1002; 18 U.S.C. 81r (c)), the charges, the evidence, and the order revoking the grant. The testimony and evidence taken or submitted before the Board, duly certified and filed as a part of the record, shall be considered by the court as the evidence in the case. (Sec. 18, 48 Stat. 1002, as amended; 19 U.S.C. 81r)
RULES OF PROCEDURE AND PRACTICE $ 400.1300 Headquarters.
The headquarters of the Board shall be the Department of Commerce, Washington, D.C. $ 400.1301 Executive Secretary of the
Board. The Secretary of Commerce, as Chairman and Executive Officer of the Board, shall appoint an Executive Secretary of the Foreign-Trade Zones Board. As principal operating official of the Board, the Executive Secretary shall:
(a) Represent the Board in all administrative, regulatory, and operational matters within the purview of the Board.
(b) Direct the execution of the orders of the Board.
(c) Initiate recommendations to the Board for overall administration of the Foreign-Trade Zones Act.
(d) Conduct periodic inspection of the zones.
(e) Provide information and advisory assistance to Federal, State, and Municipal agencies, to the business community, and to the general public.
(f) Arrange meetings of the Board and its Committee of Alternates, including provisions for minutes and necessary records.
(g) Maintain custody of the seal, records, files, and correspondence of the Board.
(h) Appoint staff members, including an Assistant Executive Secretary, who may act for him in his absence.
(i) Authorize in appropriate cases amendments to applications filed with the Board, except that no substantive
changes may be authorized after notice of a public hearing, or an invitation for comments, has been published.
(j) Approve in appropriate cases, with the prior recommendations of the District Director of Customs and the District Engineer, requests for minor modifications to zone boundaries which will not result in an expansion of zone operations.
(k) Approve in appropriate cases, with the prior approval of the District Director of Customs, requests to permit the use of alternate fencing to that specified in 400.403.
(1) Perform such other duties as may be required by the Secretary of Commerce, as Executive Officer of the Board, and as the Board may direct. [Order 74, 32 F.R. 13714, Sept. 30, 1967; as amended by Order 86, 36 F.R. 24930, Dec. 24, 1971]
NOTE: Order 86, 36 F.R. 24930, redesignating paragraph (i) is (1) and adding paragraphs (i), (j) and (k) is effective 30 days after publication. & 400.1302 Committee of Alternates.
Each member of the Board shall designate an alternate to serve on a Committee of Alternates. The alternate of the chairman of the Board shall be chairman of the committee. The committee shall review and prepare all matters for presentation to the Board, shall hold such hearings and rehearings as may be directed by the chairman of the Board, and shall perform all other duties designated by the Board except such as are specifically imposed by law on the Board. The committee shall meet at the call of its chairman, $ 400.1303 Transaction of board busi
recorded and the voting record shall be available for public inspection. (Order 86, 36 F.R. 24930, Dec. 24, 1971)
NOTE: Order 86, 36 F.R. 24930, revising $ 400.1303 is effective 30 days after publication. For the convenience of the user, the superseded section is set forth below. § 400.1303 Meetings and proceedings of the
Board. (a) Two members of the Board shall be necessary for a quorum for the transaction of business. (b) Meetings of the Board will be held
call of the Chairman and Executive Officer.
(C) Final votes of each Board member, including dissenting votes, will be recorded and the voting record of each proceeding shall be available for public inspection. (Order 74, 32 FR. 13715, Sept. 30, 1967) 400.1304 Order of business.
The order of business at Board meetings shall be as follows:
(a) Reading of minutes of preceding meeting.
(b) Report of secretary of Board.
(c) Amendments to regulations or rules.
(d) Applications for grants or amendments to grants.
(e) Consideration of matters connected with operation, maintenance, or administration of zones.
(f) Miscellaneous business.
(g) Adjournment. § 400.1305 Authorization for hearings.
The Board, or its Chairman, may authorize hearings or rehearings. Such hearings will ordinarily be held before the Committee of Alternates. The Examiners Committee is authorized to hold hearings as provided in § 400.1309. [Regulations, June 29, 1935, as amended by Order 86, 36 F.R. 24930, Dec. 24, 1971)
NOTE: Order 86 amending $ 400.1305 is effective 30 days after publication. For the convenience of the user, the superseded text is set forth below.
(a) Meetings of the Board will be held on call of the Chairman. Two members of the Board shall be necessary for a quorum.
(b) At the option of the Chairman, the Board may conduct its business, including voting, without an actual meeting being held, provided that no Board member has requested a meeting. When business is so conducted, Board members may communicate their views and recommendations by such means as telephone and memorandum, but the votes of members shall be made in writing and submitted to the Executive Secretary for entry in the voting record.
(c) Final votes of each Board member, including dissenting votes, will be
§ 400.1305 Authorization for hearings.
The Board on its own motion, or on application, may authorize hearings or rehearings.
§ 400.1306 Orders of Board.
Orders of the Board shall be made of record, numbered serially, and published from time to time for the information and guidance of all concerned.