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(iii) Participaton on behalf of another (c) The country of destination of the in any proceeding pending before the export. Pursuant to section 7(c) of ExBureau of International Commerce; and port Administration Act of 1969, no other
(iv) The submission to a customs offi specific information regarding any gencial on behalf of another of a license eral or validated export license, any other or Shipper's Export Declaration or other authorization regarding export or reexexport control document.
port, or any Shipper's Export Declara(4) Proceedings. All proceedings under tion will be made available to the pul this $ 390.2 shall be conducted in the by the Office of Export Control, except same manner as provided in Part 388 of with the approval of the Secretary of this subchapter.
Commerce. (b) Employees and former employees. (13th Gen. Rev. of Export Regs., Amdt. 9, Persons who are or at any time have been 35 F.R. 16532, Oct. 23, 1970) employed on a full-time or part-time, compensated or uncompensated, basis by
PARTS 391–398 [RESERVEDI the U.S. Government are subject to the provisions of title 18, United States Code,
PART 399-COMMODITY CONTROL sections 203, 205 and 207 (Public Law 87–849, 87th Congress) in connection
LIST AND RELATED MATTERS with representing a private party or in Sec. terest before the U.S. Department of
399.1 Commodity Control List; incorporaCommerce in connection with any export
tion by reference.
399.2 Commodity Interpretations; incorcontrol matter.
poration by reference. § 390.3 Export control authority to be AUTHORITY: The provisions of this part 399
exercised by U.S. Department of Issued under sec. 3, 63 Stat. 7, 50 U.S.C. App. Commerce Field Office Directors in 2023; E.O. 10945, 26 F.R. 4487, 3 CFR 1959the event of enemy attack on the
1963 Comp; E.O. 11038, 27 F.R. 7003, 3 CFR
1959-1963 Comp. United States. (a) Delegation to field office director.
SOURCE: The provisions of this Part 399
contained in 13th Gen. Rev. of Export Regs., In the event of an enemy attack on the
35 F.R. 9207, June 12, 1970, unless otherwise United States, each Director of a U.S.
noted. Department of Commerce field office is authorized to exercise control over ex
$ 399.1 Commodity Control List; incorports from the area assigned to him for
poration by reference. purposes of this regulation.
(a) The text of the current edition of (b) Areas for which field office direc the Commodity Control List as published tors may control exports. The area of
in the U.S. Department of Commerce Exjurisdiction assigned to each Director will
port Control Regulations which is rebe his area of jurisdiction at the time
ferred to and invoked by provisions in of an attack.
this subchapter B, is hereby incorporated (c) Orders from U.S. Department of
by reference pursuant to 5 U.S.C. 552(a)
(1) and 1 CFR Part 20. Commerce. The authorization set forth
(b) The Commodity Control List is in paragraph (a) of this section shall be
available at the following places: subject to any orders or directives transmitted from the U.S. Department of
Superintendent of Documents, Government
Printing Office, Washington, D.C. 20402. Commerce.
Exporters Service Section, Office of Export § 390.4 Disclosure of license issuance
Control, Bureau of International Comand other information.
merce, Department of Commerce, Washing
ton, D.C. 20230. By order of the Secretary of Com Field Offices of the Bureau of International merce, the Office of Export Control will Commerce, Department of Commerce. make available daily, for each validated (c) Revisions, amendments, revocaexport license granted on the previous tions, deletions, recodifications, redesigbusiness day:
nations, and corrections will be issued in (a) A general description of the com Export Control Bulletins from time to modity or technical data licensed for time by the Office of Export Control, Buexport;
reau of International Commerce, Depart(b) The total value of the licensed ment of Commerce, Washington, D.C. commodity; and
20230, in the form of replacement pages
or insert sheets, and an oficial 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 5 U.S.C. 552(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, Ofice of Export
Control, Bureau of International Com. merce, Department of Commerce, Washing.
ton, D.O. 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.
CHAPTER IV-FOREIGN-TRADE ZONES BOARD
General regulations governing foreign-trade zones in the United States, with
rules of procedure.
PART 400-GENERAL REGULATIONS
Sec. GOVERNING FOREIGN-TRADE
400.500 Grants made to corporations. ZONES IN THE UNITED STATES, 400.501 Requirements for grant where bar. WITH RULES OF PROCEDURE
bor facilities owned and con.
trolled by State and by municDEFINITIONS
400.502 Act of State legislature necessary 400.100 Act.
in case of private corporations. 400.101 Zone.
400.503 Preference to public corporations. 400.102 Secretary of Commerce. 400.103 Board.
APPLICATIONS FOR GRANTS 400.104 State.
400.600 Address. 400.106 Corporation.
400.601 Number of copies. 400.106 Applicant.
400.602 Form and content. 400.107 Grantee.
400.603 Exhibits. 400.108 District Director of Customs.
400.604 Additional information. 400.109 District Engineer.
400.605 Public notice of application. 400.110 Examiner.
400.606 Amendments. JURISDICTION AND AUTHORITY OF BOARD
400.607 Applications for expansion of zone
and modification of zone bound400.200 Duties of the Board.
aries. 400.201 Cooperation with other agencies. 400.608 Determining filing date. 400.202 Cooperation with Board of other 400.609 Information exempt from publio agencies of the Government.
Inspection. 400.203 Executive Order No. 7104.
GRANTS SUBJECT TO CONDITIONS
400.700 Failure to comply with conditions 400.300 Each port of entry entitled to at
of grant. least one zone.
400.701 Disposition of grant prohibited. 400.301 Port of entry located in more than 400.702 Special conditions.
one State entitled to & zone in
OPERATION OF ZONE 400.802 Zone may be authorized in each of 400.800 Operations in zone, and forms and two cities separated by water in
procedures. one port of entry.
400.801 Merchandise permitted in a zone. 400.303 Additional zones in port of entry
400.802 Disposition of merchandise in a may be authorized by Board.
zone. 400.304 Zones for specialized purposes.
400.803 Manipulation, manufacture, and ECONOMIC, FINANCIAL, AND PHYSICAL REQUIRE
exhibition of merchandise. MENTS FOR ESTABLISHMENT OF ZONE
400.804 Status of merchandise in a zone, 400.400 Economic survey of proposed zone.
400.805 Use of zone by carriers. 400.401 Proof of ability of applicant ade 400.806 Subsequent importation of zone quately to finance zone.
merchandise. 400.402 Physical facilities required in the 400.807 Exclusion from zone of goods or operation of a zone.
process of treatment. 400.403 Construction and operation of 400.808 Retall trade within zone.
equipment for segregation from 400.809 Residence within zone.
and leaving zone.
Sec. 400.811 All persons entering zone bound 400.1310 Submission of further evidence. by regulations.
400.1311 Rehearing on application. 400.812 Identification of employees within 400.1312 Action of Board on application. zone.
400.1913 Payment for inspection. 400.813 Hours of business and service.
400.1314 Construction of zone. 400.814 Payment of customs officers and 400.1915 Evidence. employees.
400.1316 Object of hearing. 400.815 Erection of buildings within zone 400.1317 Notice of hearing. by persons other than grantee. 400.1318 Procedure at hearing.
400.1319 Adjournment of hearing. MAINTENANCE OF ZONE
400.1320 Record of proceedings. 400.900 Structures and facilities to be 400.1821 Additional rules of practice. maintained in good order.
PUBLIC INFORMATION 400.901 Penalty for fallure to make repairs or alterations.
400.1401 Public information activities. ADMINISTRATION OF ZONE
400.1402 Availability of materials for in. 400.1000 Operation, maintenance and ad
spection and copying. ministration.
400.1403 Requests for identifiable records. 400.1001 Regulations promulgated by gran 400.1404 Determinations of availability of tee, and posting of regulations
records. within zone.
400.1405 Requests for reconsideration of 400.1002 Grantee's reports to Board.
nonavailability. 400.1002a Uniform system of accounts, rec 400.1406 Security information.
ords, and reports. 400.1003 Zones to be operated as public
AUTHORITY: The provisions of this part 400
issued under sec. 8, 48 Stat. 1000; 19 U.S.C. utilities.
81h, unless otherwise noted. 400.1004 Inspection of zones. 400.1005 Separability of regulations in event SOURCE: The provisions of this part 400 of invalidity.
contained in Regulations, June 29, 1935, un400.1006 Changes in regulations.
less otherwise noted. 400.1007 Authority for publishing, posting,
§ 400.100 Act.
The term “Act” means the Foreign400.1009 Definitions.
Trade Zones Act of June 18, 1934 (48 400.1010 Designation of agent for Issuance Stat. 998–1003; 19 U.S.C. 81a-81u), as of schedules.
amended by Public Law 566, 81st Con400.1011 Uniformity of schedules.
gress, approved June 17, 1950. 400.1012 Construction of schedules. 400.1013 Additional instructions.
(Order 29, 17 F. R. 5316, June 11, 1952) 400.1014 Requirements for accounts, rec
$ 400.101 Zone. ords, and reports.
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, REGULATIONS
furnished with facilities for lading, un400.1200 Pne imposed for violation of act lading, handling, storing, mainipulating, 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 Transaction of board business.
the customs laws of the United States 400.1304 Order of business.
governing the entry of goods or the 400.1305 Authorization for hearings. 400.1306 Orders of Board.
payment of duty thereon; and such 400.1307 Applications.
merchandise permitted in a zone may be 400.1308 Examiners Committee.
stored, exhibited, manufactured, mixed 400.1309 Hearings before Examiners Com or manipulated in any manner, except as mittee.
provided in the act and other applicable
laws or regulations. The merchandise may be exported, destroyed, or sent into customs territory from the zone, in the original package or otherwise. It is subject to customs duties if sent into customs territory, but not if reshipped to foreign points. [Order 29, 17 F. R. 6316, June 11, 1952)
CROSS REFERENCES: For immigration regulations, see 8 CFR Chapter 1. Regulations of Bureau of Customs, see 19 CFR Chapter I. Postal Service, see 39 CFR Chapter I. Public Health, see 42 CFR Chapter I. $ 400.102 Secretary of Commerce.
The term "Secretary” means the Secretary of Commerce. $ 400.103 Board.
The term “Board” means the Board created by the act to carry out the provisions thereof. The Board shall consist of the Secretary of Commerce, who shall be chairman and executive officer, the Secretary of the Treasury, and the Secretary of the Army. (Order 17, 14 F. R. 8671, July 2, 1949) § 400.104 State.
The term “State" includes any State, the District of Columbia, and Puerto Rico. (Order 74, 32 F.R. 13714, Sept. 30, 1967) $ 400.105 Corporation.
The term "corporation" means a public or a private corporation:
(a) “Public corporation" means State, political subdivision thereof, a municipality, a public agency of a State, political subdivision thereof, or municipality, or a corporate municipal instrumentality of one or more States.
(b) "Private corporation" means any corporation (other than a public corporation) which is organized for the purpose of establishing, operating, and maintaining a foreign-trade zone and which is chartered under a special act (enacted after June 18, 1934) of the State or States within which it is to operate such zone. (Sec. 1, 48 Stat. 998; 19 U. S. C. 81a) $ 400.106 Applicant.
The term “applicant” means a corporation applying for the right to establish, operate, and maintain a foreigntrade zone. (Sec. 1, 48 Stat. 998; 19 U. S. C. 81a)
§ 400. 107 Grantee.
The term "grantee" means a corporation to which the privilege of establishing, operating, and maintaining a foreign-trade zone has been granted. (Sec. 1, 48 Stat. 998; 19 U. 8. C. 81a) 400.108 District Director of Customs,
The term “District Director of Customs" means the director of customs in whose district the zone is located. (Regulations, June 29, 1935, as amended by Order 74, 32 F.R. 13714, Sept. 30, 1967) § 400.109 District Engineer.
The term "District Engineer" means the engineer of the Department of the Army in whose district the zone is located. (Order 17, 14 F. R. 3671, July 2, 1949) $ 400.110 Examiner.
The term "examiner" means an employee of the Board, an expert, oficer, engineer, or any other person who is designated by the Board to conduct an investigation concerning the establishment, operation, maintenance, or administration of a zone. JURISDICTION AND AUTHORITY OF BOARD $ 400.200 Duties of the Board.
The Board is authorized, subject to the provisions of the act, the laws governing the navigable waters of the United States, the laws governing foreign and interstate commerce, those controlling the revenue, the Shipping Act of 1916, as amended (46 U.S.C. secs. 801 et seq.), the Interstate Commerce Act (49 U.S.C. secs. 1 et seq.), and other laws of the United States applicable to zones:
(a) To grant to corporations, subject to the conditions and restrictions of the act and of the rules and regulations made thereunder, the privilege of establishing, operating, and maintaining foreign-trade zones in or adjacent to ports of entry under the jurisdiction of the United States, if it finds that the proposed plans and location are suitable for the accomplishment of the purpose of the foreign-trade zone under the act, and that the facilities and appurtenances which it is proposed to provide are sufficient.
(b) To prescribe such rules and regulations as may be necessary to establish and conduct such zones.
(c) To approve rates and charges for all services or privileges within the zone,