any commodity or technical data to South Vietnam or Cambodia, are revoked.

[40 FR 21932, May 20, 1975]

PARTS 391-398 [RESERVED]

PART 399-COMMODITY CONTROL LIST AND RELATED MATTERS

Sec.

399.1 Commodity Control List; incorporation by reference.

399.2 Commodity Interpretations; incorporation by reference.

AUTHORITY: Sec. 4, 83 Stat. 842; (50 U.S.C. App. 2403); E.O. 11533, 35 FR 8799, 3 OFR, 1970 Comp., p. 184; E.O. 11683, 37 FR 117813, 3A CFR, 1972 Comp., p. 202.

SOURCE: The provisions of this Part 899 contained in 13th Gen. Rev. of Export Regs., 35 F.R. 9207, June 12, 1970, unless otherwise noted.

$ 399.1

Commodity Control List; incorporation by reference.

(a) The text of the current edition of the Commodity Control List as published in the U.S. Department of Commerce Export Administration 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 Control List is available at the following places: Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. Exporters Service Section, Office of Export Administration, Domestic and International Business Administration, Department of Commerce, Washington, D.O. 20230.

Field Offices of the Domestic and International Business Administration, Department of Commerce.

(c) Revisions, amendments, revocations, deletions, recodifications, redesignations, and corrections will be issued in Export Administration Bulletins from time to time by the Office of Export Administration Domestic and International Business Administration, 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 Administration.

NOTE: For FR page references to Commodity Control List amendments, see the List of CFR Sections Affected.

§ 399.2 Commodity Interpretations; incorporation by reference.

(a) The text of the current edition of the Commodity Interpretations as published in the Export Administration 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, Office of Export Administration, Domestic and International Business Administration, Department of Commerce, Washington, D.C. 20230.

Field Offices of the Domestic and International Business Administration, Department of Commerce.

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

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 schedules. Definitions.

400.1009 400.1010 Designation of agent for issuance of schedules.

spection and copying.

Requests for identifiable records. 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. 5316, 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 manner, except as 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. 5316, June 11, 1952]

CROSS REFERENCES: For immigration regulations, see 8 CFR Chapter I. 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.

The term "corporation" means a public or a private corporation:

(a) "Public corporation" means 8 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 estab

90-057-77-27

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. 818) 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, officer, 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 prorosed 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.