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(2) An exception will also be considered in cases where failure to export the commodities will subject the applicant to a definite economic hardship in the form of a substantial financial liability. An example of such hardship is

situation where a contract is in effect, the commodities have been specially processed and packed for shipping, and freight arrangements have been made. Another example is a situation where, because of geographic location, a loss would be suffered if the applicant had to dispose of the commodities in the United States. A mere decrease in an expected profit does not impose a financial liability and does not constitute an economic hardship within the meaning of this section. To establish an economic hardship, an applicant shall submit in support of his license application a copy of his sales contract with the foreign purchaser. In addition, he shall disclose the date he purchased the commodities, the price he paid for them, their current U.S. market price, and any other facts to establish his potential economic hardship. [12th Gen. Rev. of Export Regs., Amdt. 4, 34 F.R. 14326, Sept. 12, 1969)

in the U.S. Department of Commerce Export Control Regulations which is referred to and invoked by provisions in this Subchapter B, is hereby incorporated by reference pursuant to 4 U.S.C. 522(a) (1) and 1 CFR Part 20.

(b) The Commodity Control List is available at the following places: Superintendent of Documents, Government

Printing Office, Washington, D.C. 20402. Exporters Service Section, Office of Export

Control, Bureau of International Commerce, Department of Commerce, Wash

ington, D.C. 20230. Field Offices of the Bureau of International Commerce, Department of Commerce.

(c) Revisions, amendments, revocations, deletions, recodifications, redesignations, and corrections will be issued in Export Control Bulletins from time to time by the Office of Export Control, Bureau of International Commerce, Department of Commerce, Washington, D.C. 20230, in the form of replacement pages or insert sheets, and an official historic file will be maintained by the Office of Export Control. § 399.2 Commodity Interpretations; in

corporation by reference. (a) The text of the current edition of the Commodity Interpretations as published in the Export Control Regulations which is referred to and invoked by provisions in this Subchapter B, is hereby incorporated by reference pursuant to 4 U.S.C. 522(a) (1) and 1 CFR Part 20.

(b) The Commodity Interpretations are available at the following places: Superintendent of Documents, Government

Printing Office, Washington, D.C. 20402. Exporters Service Section, Office of Export

Control, Bureau of International Commerce, Department of Commerce, Wash

ington, D.C. 20230. Field Offices of the Bureau of International Commerce, Department of Commerce.

(c) Revisions, amendments, revocations, deletions, recodifications, redesignations, and corrections will be issued in Export Control Bulletins, from time to time by the Office of Export Control and an historic file will be maintained by the Office of Export Control.

PARTS 391-398 [RESERVED] PART 399—COMMODITY CONTROL

LIST AND RELATED MATTERS Sec. 399.1 Commodity Control List; incorpora

tion by reference. 399.2 Commodity Interpretations; incorpo

ration by reference. AUTHORITY: The provisions of this Part 399 issued under sec. 3, 63 Stat. 7, 50 U.S.C. App. 2023; E.O. 10945, 26 F.R. 4487, 3 CFR 1959-63 Comp.; E.O. 11038, 27 F.R. 7003, 3 CFR 1959-63 Comp.

SOURCE: The provisions of this Part 399 contained in 12th Gen. Rev. of Export Regs., 34 F.R. 8889, June 3, 1969, unless otherwise noted. $ 399.1 Commodity Control List; incor

poration by reference. (a) The text of the current edition of the Commodity Control List as published

See footnote on p. 322.

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

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.

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. 400.608 Determining filing date. 400.609 Information exempt from public

inspection.

GRANTS SUBJECT TO CONDITIONS 400.700 Penalty for delay. 400.701 Disposition of grant prohibited. 400.702 Special conditions.

OPERATION OF ZONE 400.800 Operations in zone, and forms and

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. 400.811 All persons entering zone bound

by regulations. 400.812 Identification of employees within

zone.

Bec.

Sec. 400.813 Hours of business and service. 400.1316 Object of hearing. 400.814 Payment of customs officers and 400.1317 Notice of hearing. employees.

400.1318 Procedure at hearing. 400.815 Erection of buildings within zono 400.1319 Adjournment of hearing. by persons other than grantee. 400.1320 Record of proceedings.

400.1321 Additional rules of practice. MAINTENANCE OF ZONE

PUBLIC INFORMATION 400.900 Structures and facilities to be maintained in good order.

400.1400 Policy. 400.901 Penalty for fallure to make repairs 400.1401 Public information activities. or alterations.

400.1402 Availability of materials for in.

spection and copying. ADMINISTRATION OF ZONE

400.1403 Requests for identifiable records. 400.1000 Operation, maintenance and ad 400.1404 Determinations of availability of ministration.

records. 400.1001 Regulations promulgated by gran 400.1405 Requests for reconsideration of toe, and posting of regulations

nonavailability. within zone.

400.1406 Security information. 400.1002 Grantee's reports to Board.

AUTHORITY: The provisions of this part 400 400.1002a Uniform system of accounts, rec

issued under sec. 8, 48 Stat. 1000; 19 U.S.C. ords, and reports.

81h, unless otherwise noted. 400.1003 Zones to be operated as public utilities.

SOURCE: The provisions of this part 400 400.1004 Inspection of zones.

contained in Regulations, June 29, 1935, un400.1005 Separability of regulations in event less otherwise noted.

of invalidity. 400.1006 Changes in regulations.

DEFINITIONS 400.1007 Authority for publishing, posting,

$ 400.100 Act.
and filing of schedules of rates
and charges.

The term “Act" means the Foreign400.1008 Adoption and issuance of sched Trade Zones Act of June 18, 1934 (48 ules.

Stat. 998–1003; 19 U.S.C. 81a-81u), as 400.1009 Definitions.

amended by Public Law 566, 81st Con. 400.1010 Designation of agent for issuanco of schedules.

gress, approved June 17, 1950. 400.1011 Uniformity of schedules.

(Order 29, 17 F. R. 5316, June 11, 1962) 400.1012 Construction of schedules.

$ 400.101 Zone. 400.1013 Additional instructions.

The term “zone" means a “foreignUSE OF GOVERNMENT PROPERTY

trade zone." It is an isolated, enclosed, 400.1100 Use of Government property.

and policed area, operated as a public VIOLATION OF PROVISIONS OF ACT OR utility, in or adjacent to a port of entry, REGULATION6

furnished with facilities for lading, un

lading, handling, storing, mainipulating, 400.1200 Pine imposed for violation of act or regulations.

manufacturing, and exhibiting goods, 400.1201 Revocation of grant.

and for reshipping them by land, water, 400.1202 Procedure for revocation.

or air. Any foreign and domestic mer400.1203 Appeal from revocation order.

chandise, except such as is prohibited by RULES OF PROCEDURE AND PRACTICE

law or such as the Board may order to 400.1800 Headquarters.

be excluded as detrimental to the public 400.1301 Executive Secretary of the Board. interest, health, or safety may be brought 400.1302 Committee of Alternates.

into a zone without being subject to 400.1303 Meetings and proceedings of the

the customs laws of the United States Board. 400.1304 Order of business.

governing the entry of goods or the 400.1305 Authorization for hearings.

payment of duty thereon; and such 400.1306 Orders of Board.

merchandise permitted in a zone may be 400.1307 Applications.

stored, exhibited, manufactured, mixed 400.1308 Examiners Committee.

or manipulated in any manner, except as 400.1309 Hearings before Examiners Com. mittee.

provided in the act and other applicable 400.1810 Submission of further evidence. laws or regulations. The merchandise 400.1311 Rehearing on appucation.

may be exported, destroyed, or sent into 400.1312 Action of Board on application.

customs territory from the zone, in the 400.1813 Payment for inspection. 400.1314 Construction of zone.

original package or otherwise. It is 400.1315 Evidence.

subject to customs duties if sent into

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

The term "District Director of Cus(Order 29, 17 F. R. 6316, June 11, 1952)

toms" means the director of customs in CROSS REFERENCES: For Immigration regu whose district the zone is located. lations, 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
Health, see 42 CFR Chapter I.

$ 400.109 District Engineer. $ 400.102 Secretary of Commerce,

The term “District Engineer” means The term “Secretary" means the Secre

the engineer of the Department of the tary of Commerce.

Army in whose district the zone is

located. $ 400.103 Board.

(Order 17, 14 F. R. 8671, July 2, 1949) The term "Board” means the Board

$ 400.110 Examiner. created by the act to carry out the provisions thereof. The Board shall con

The term "examiner" means an emsist of the Secretary of Commerce, who ployee of the Board, an expert, oficer, shall be chairman and executive officer, engineer, or any other person who is the Secretary of the Treasury, and the designated by the Board to conduct an Secretary of the Army.

investigation concerning the establish(Order 17, 14 F. R. 8671, July 2, 1949)

ment, operation, maintenance, or admin

istration of a zone. $ 400.104 State.

JURISDICTION AND AUTHORITY OF BOARD The term “State" includes any State, the District of Columbia, and Puerto $ 400.200 Duties of the Board. Rico.

The Board is authorized, subject to the [Order 74, 82 F.R. 13714, Sept. 30, 1967) provisions of the act, the laws governing $ 400.105 Corporation.

the navigable waters of the United

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" means

&

as amended (39 Stat. 728, as amended; State, political subdivision thereof, &

46 U.S.C. Chapters 23, 24, 24A, and 27), municipality, a public agency of a State,

the Interstate Commerce Act (24 Stat. political subdivision thereof, or munici

379, as amended; 49 U.S.C.), and other pality, or a corporate municipal instru

laws of the United States applicable to mentality of one or more States.

zones: (b) "Private corporation" means any

(a) To grant to corporations, subject corporation (other than a public corpo

to the conditions and restrictions of the ration) which is organized for the pur

act and of the rules and regulations pose of establishing, operating, and

made thereunder, the privilege of estabmaintaining a foreign-trade zone and

lishing, operating, and maintaining which is chartered under a special act

foreign-trade zones in or adjacent to (enacted after June 18, 1934) of the

ports of entry under the jurisdiction of State or States within which it is to op

the United States, if it finds that the proerate such zone.

posed plans and location are suitable (Sec. 1, 48 Stat. 998; 19 U. 8. C. 81a)

for the accomplishment of the purpose $ 400.106 Applicant.

of the foreign-trade zone under the act,

and that the facilities and appurtenances The term "applicant” means a cor which it is proposed to provide are poration applying for the right to estab

sufficient. lish, operate, and maintain a foreign

(b) To prescribe such rules and regutrade zone.

lations as may be necessary to establish (Sec. 1, 48 Stat. 998; 19 U. S. C. 81a)

and conduct such zones. $ 400. 107 Grantee.

(c) To approve rates and charges for

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 ing, operating, and maintaining a for to merchandise within the zone subject eign-trade zone has been granted.

to such treaties or commercial conven(Sec. 1, 48 Stat. 998; 19 U. 8. C. 81a)

tions in force at the time.

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