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]

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 U.S.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. 81r)

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 by 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 delivered 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)

66-032-67- -29

The headquarters of the Board shall be the Department of Commerce, Washington, D.C.

§ 400.1301 Organization of the Board.

The Secretary, as Chairman of the Board, shall designate an Executive Secretary of the Foreign-Trade Zones Board. The duties of the Executive Secretary shall be to arrange meetings of the Board, to keep accurate minutes of the Board's deliberations, to direct the execution of the orders of the Board, to initiate recommendations to the Board for uniform procedures and practices in the several zones, to make periodic inspections of the zones, and to perform such other duties as are required by the Secretary of Commerce as Executive Officer of the Board, and as the Board may direct. The Executive Secretary is authorized to appoint staff members, including an Assistant Executive Secretary who will assist him generally and act for him in his absence. All records of the Board will be maintained in the office of the Executive Secretary.

[Order 42, 21 F. R. 6159, Aug. 17, 1956]
§ 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 Meetings 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 on call of the chairman and executive officer.

§ 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.

(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 on its own motion, or on application, 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.

§ 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. § 400.1307 Applications.

Upon receipt of an application, the Executive Secretary of the ForeignTrade Zones Board will designate an examiner who will investigate the application and accompanying exhibits for compliance with the provisions of §§ 400.600 to 400.608.

[Order 47, 23 F.R. 5417, July 17, 1958] § 400.1308 Examiners Committee.

If the application and accompanying exhibits are in order, the Executive Secretary of the Foreign-Trade Zones Board will appoint an Examiners Committee and designate a chairman. This committee will consist of the examiner appointed by the Executive Secretary who has examined the application as provided in § 400.1307, the Collector of Customs and the District Engineer in whose districts the proposed zone is to be located. The committee will then make a thorough investigation of the application and report its findings to the Board. [Order 47, 23 F.R. 5417, July 17, 1958]

§ 400.1309 Hearings before Examiners Committee.

In conducting its investigation the Examiners Committee is authorized to hold hearings and take evidence as provided in §§ 400.1316-400.1321.

§ 400.1310 Submission of further evidence.

Should the report of the Examiners Committee be unfavorable, notice will

be sent to the applicant, who will be permitted to apply for permission of the Board to present further evidence in support of his application either orally, in writing, or both.

§ 400.1311 Rehearing on application.

Should the request of the applicant to submit further evidence be granted, the applicant will be notified and, if a hearing is desired, a date fixed therefor before the Committee of Alternates.

§ 400.1312 Action of Board on application.

After the Board's consideration of the application is completed, unless further information is required by the Board, the grant will be made or denied. § 400.1313 Payment for inspection.

The Board shall specify, and applicants and grantees shall pay, the cost of inspection of construction. Prior to the issuance of a grant, the applicant shall deposit promptly with the district engineer a certified check in an amount specified as prescribed above, covering such cost. Certified checks in amounts specified by the Board will also be required to be deposited promptly by grantees with the district engineer covering costs of subsequent inspections of major alterations. In the event the amount originally specifiled is insufficient to pay for the cost of inspection, the Board shall specify the additional amount or amounts required, which shall be paid promptly by the applicant or grantee, as the case may be. Such funds shall be carried in a special deposit account by the district engineer in accordance with existing law and regulations. If certified checks, which have been deposited, are in amounts in excess of the cost of supervision of construction, the district engineer shall refund such excess.

proceedings before the Board to present documentary or other written or oral evidence bearing upon any application, declaration, protest, petition, or complaint made to the Board. The Board may order that hearings be held for the purpose of taking testimony or receiving records not under the control of a party to proceedings before the Board, or for the purpose of taking testimony or producing records in connection with the establishment, operation, or maintenance of a zone, or with the conduct of any investigations appropriate to the administration of the act.

[Redesignated by Order 29, 17 F. R. 5317, June 11, 1952]

§ 400.1316 Object of hearing.

The object of such hearing is to inform interested parties concerning the matter at issue and to give them an opportunity to express their views frankly, fully, and publicly relative thereto.

[Redesignated by Order 29, 17 F. R. 5317, June 11, 1952]

§ 400.1317 Notice of hearing.

When the Board of Examiners Committee of the Board deems it advisable to hold a local hearing, notice of such hearing should be sent to all interested parties in time for them to be present in person or to be represented at the hearing, and a copy of the notice should be furnished local newspapers. The notice should state the subject to be considered and when and where the hearing will be held, specifically designating the date, hour, and place. For the accuracy of the record, all important facts and arguments should be submitted in writing. As soon as the date and place for a hearing have been designated, the official or Examiners' Committee should immediately advise the Board direct so that it may have available full information on the proceedings.

[Redesignated by Order 29, 17 F.R. 5317, June 11, 1952]

§ 400.1318 Procedure at hearing.

The following general procedure will govern the conduct of hearings:

(a) Minutes of the proceedings will be made, and when deemed advisable, will be taken stenographically.

(b) A complete copy of the notice and a record of the names and addresses of all parties on whom served and the manner of service (whether by mail, telegraph, telephone, etc.), should be retained and made a part of the record.

(c) The presiding officer will impress upon all interested parties and will also specifically state at the commencement of the proceedings: first, the special purpose of the hearing; second, that it is desired to have a frank and full expression of the views of all interested parties and as complete a statement as possible of all information bearing upon the question at issue; third, that the Board will give full weight to all evidence and arguments presented at the hearing, and that all pertinent material which the parties wish considered should be brought out at the hearing; fourth, that later ex parte evidence and arguments are not desired by the Board unless it is clearly shown that the matter is new and material and that there are good reasons why it could not be presented at the hearing.

(d) The presiding officer should read aloud such parts of the act and of the rules and regulations adopted by the Board as bear on the matter at hand. He should also read such other important papers bearing on the case, or extracts therefrom, as may be necessary for a full understanding of the status of the case and the data before the Board.

(e) The names and addresses of all parties of interest present or represented at the hearing will be recorded.

(f) The presiding officer will then invite and conduct a thorough and candid discussion of the case in all its bearings. [Redesignated by Order 29, 17 F. R. 5317, June 11, 1952]

§ 400.1319 Adjournment of hearing.

If it is alleged by any person that more evidence exists which could not be properly prepared in time for the hearing, the presiding officer will, at his discretion, either adjourn the hearing for a

reasonable period, or may delay transmitting his report until after the receipt of such evidence and the expiration of a reasonable period for its examination by other interested persons. In such cases, definite statements as to the amount of time desired should be required. If no further hearing is held, it should be required that any additional evidence be submitted in typewritten or printed form, and the party submitting it should be required to serve a copy thereof on such other parties in interest as appeared at the hearing and to furnish proof of such service for the record. [Redesignated by Order 29, 17 F. R. 5317, June 11, 1952]

§ 400.1320 Record of proceedings.

The record of the proceedings should be made in quadruplicate, 3 copies for the Board and 1 for the office of the presiding officer. The record should be accompanied by a copy of the notice and list of those present, briefs or exhibits submitted in the case, and the recommendations of the officer or committee conducting the hearing on the points raised at the hearing. All of the above papers should be properly marked for reference and when possible bound together and submitted as a single exhibit. [Redesignated by Order 29, 17 F. R. 5317, June 11, 1952] § 400.1321

Additional rules of practice. Additional rules of procedure and practice in formal proceedings under the act, and of procedure in formal and informal proceedings, in elaboration or extension of those set forth herein, may be issued from time to time.

[Redesignated by Order 29, 17 F. R. 5317, June 11, 1952]