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suitable provisions for ingress and egress cured to the gates for the purpose of afof persons, conveyances, and merchan- fixing locks. Alternate proposals for dise.

barriers of equal eficiency may be ap(8) Sanitary facilities and appliances proved by the Board. to conform to Federal and local require- (b) If, according to the terrain or ments.

other factors adjacent to the fence sur(9) Adequate facilities for the disin- rounding the enclosure, or for other reafection and fumigation of merchandise sons, the height of the fence as provided as required.

for herein is not sufficient for proper (10) Such other facilities as may be

protection to the revenue, the height required by the Board.

shall be suitably increased at the direc(c) Ratproofing and sanitation. All

tion of the Board or the District Director buildings and other structures within the

of Customs. zone, whether it is adjacent to water or

(c) If sides of buildings situated withnot, shall be so constructed or altered,

in a zone form a part of the zone enand maintained, as may be required by

closure in lieu of the fence prescribed the Surgeon General, United States

above, all openings in such sides of the Public Health Service, to prevent the

buildings shall be securely closed by harborage of rodents. Water supply,

heavy metal netting, grills, or other effecsewage disposal, and provision for gen

tive barriers. eral sanitation (including adequate facil

(d) Fences and other exterior lines of ities for disinfection and fumigation)

the zone shall be equipped with electric shall be as required by the Surgeon Gen

lights and shall be illuminated to the eral, United States Public Health Service.

satisfaction of the collector during such (Sec, 12, 48 Stat. 1001; 19 U.S.O. 811)

times as he may deem necessary.

(e) Such additional protection against $ 400.403 Construction and operation of the unauthorized transit of persons,

equipment for segregation from customs territory and quarters for per

goods, or conveyances to or from a zone sonnel.

shall be provided as may be deemed

necessary by the District Director of (a) All zones shall be segregated from Customs. the land area of adjacent customs ter

(f) Adequate living quarters, adminisritory by a fence of woven galvanized- trative and other facilities for officers wire netting, of not less than No. 6 gage

and employees of the United States, wire, with a mesh not exceeding 2 inches,

State, and municipality whose duties may and an over-all height of at least 10 feet require their presence within the zone, above the concrete base in which the

shall be provided by the grantee. The posts are set. The netting shall be se- requirements and

extent of these curely attached to the insides of the posts facilities will be fixed by the Board. and shall be set suficiently low so as to be

(g) Each grantee shall provide and flush with the ground at all times. The

maintain such other facilities as may be fence shall be topped by at least three

required from time to time by the Board. strands of galvanized barbed wire, four

(Sec. 12, 48 Stat. 1001; 19 U.S.C. 811) (Regupoint type, each strand consisting of two

lations, June 29, 1935, as amended by Order strands of No. 121/2 gage wire. The three 74, 32 F.R. 13714, Sept. 30, 1967] strands shall be secured to metal brackets afixed to the top of each post, the

ELIGIBLE APPLICANTS brackets inclining at approximately 45°

$ 400.500 Grants made to corporations. inward and upward. The strands shall be parallel and from 3 to 4 inches apart.

Grants may be made to public or priSuitable concrete or metal posts shall be

vate corporations. set in concrete footings, not less than 3

(Sec. 2, 48 Stat. 999; 19 U.S.C. 81b) feet deep by 10 inches square, and with

§ 400.501 Requirements for grant where centers not more than feet apart.

harbor facilities owned and con. Proper anchors and braces shall be in

trolled by State and by municipality. stalled at corners and gates. The gates

Where harbor facilities of any port of shall be of the same material and height as the fence and shall be topped by three

entry in the State are owned and constrands of the barbed wire above de

trolled by the State, and where harbor scribed, such strands to be affixed to

facilities of any other port of entry in metal brackets perpendicular with the

the State are owned and controlled by & gate. Suitable attachments shall be se

municipality, grants to public corpora.

tions will not be approved by the Board

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unless such applications have been au- (2) the means of segregation from custhorized by an act of the State legisla- toms territory, as required by $8 400.402, ture (enacted after June 18, 1934).

400.403; (3) the fitness of the area for a (sec. 2, 48 Stat. 999; 19 U.S.C. 81b)

zone; and (4) the possibilities of expan

sion of the zone area. $ 400.502 Act of State legislature nec

(b) Exhibit No. 2. A statement as to essary in case of private corporations.

whether the port is within the confines Grants to private corporations will not of more than one State, and whether the be approved by the Board unless such zone will be in or adjacent to a port of corporations have been authorized by an entry. act of the state legislature (enacted

(c) Exhibit No. 3. A statement giving after June 18, 1934).

full details as to the applicant's plans (Sec. 2, 48 Stat. 999; 19 U.S.C. 81b)

for acquiring title to, or the right to 8 400.503 Preference to public corporar

occupy and use, lands other than those tions.

owned by the applicant or by the United

States, which are essential for carrying In granting applications preference

out the project or projects covered by will be given by the Board to publio

the application. If the applicant, at the corporations.

time of filing the application, has, by (Sec. 2, 48 Stat. 999; 19 U.S.C. 816)

easement, lease, franchise, or otherwise, APPLICATIONS FOR GRANTS

acquired the right to occupy and use

lands owned by others, the statement 8 400.600 Address.

must show, with respect to each sepaApplications for grants should be filed rate right of occupancy and use: (1) with, and all oficial communications in

From whom acquired; (2) the date acconnection therewith addressed to the quired; (3) nature and extent of the right Secretary of Commerce, Chairman and acquired; (4) whether perpetual or of Executive Officer of the Foreign-Trade

limited term; and (5) if of limited term, Zones Board, Washington 25, D.C.

when such term expires. (Sec. 6, 48 Stat. 1000; 19 U.S.C. 811)

(d) Exhibit No. 4. A statement show

ing in detail the method proposed to $ 400.601 Number of copies.

finance the undertaking, accompanied Every application, exhibit, or enclo- by proof of the ability of the applicant sure, except where specifically excepted,

to finance the construction and operashall be in quadruplicate duly authenti

tion of the zone. cated and referenced.

(e) Exhibit No. 5. An economic survey (Sec. 6, 48 Stat. 1000; 19 U.S.C. 811)

showing in detail the potential com

merce and revenue of the proposed zone § 400.602 Form and content.

and other direct and indirect benefits Every application shall be in letter accruing therefrom; present foreign form on letter-size paper and shall con- trade of the port area, including transtain the date, oficial designation of the shipment, re-export, and reconsignment applicant, and shall show whether the trade; present steamship services, and application is for the establishment or possible increases in such services where expansion of the zone, be signed by an necessary; comparative study of export authorized officer of the corporation, and rates on domestic commodities for mix. bear the corporate seal.

ing with foreign goods; analysis of ocean (Sec. 6, 48 Stat. 1000; 19 U.S.C. 811)

freight rates where applicable to zone

activity; potential new markets for zone 8 400.603 Exhibits.

business; activities best suited to particuEvery application shall be accompa- lar zone; and such other data as may nied by the following exhibits:

be necessary to a determination of (a) Exhibit No. 1. Descriptions of (1) whether the establishment of the zone the location and qualifications of the is justified to expedite and encourage area in which it is proposed to establish

foreign commerce. the zone, showing by metes and bounds,

(f) Exhibit No. 6. (1) A description unless these are shown in full on the

of the proposed project, where zone will maps accompanying the application, the land and water area, or land or water

be adjacent to water, to include: area, or land area alone if the application

(1) Slips and docks, giving number is for the establishment of a zone in or

and for each the dimensions and depth adjacent to an interior port of entry; of water below a stated datum;

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(11) Wharves, giving number and for scription of openings and, if buildings each the type of construction, width, form part of the enclosure line, a full area, sheds, loading and unloading facil- description of the construction of the ities, trackage, fire protection, motor- buildings and any openings therein on ing facilities, and an estimate of the the line side. number of ocean-going ships which (g) Exhibit No. 7. A preliminary esticould be accommodated;

mate of the cost of the proposed proj(iii) Warehouses, giving type of con- ect, suficiently detailed to be subject to struction, floor area, and fire protection; verification.

(iv) Transportation connections by (h) Exhibit No. 8. A statement of the rail and highway, giving the number of time after the date of the approval of the tracks and routes by which they would application within which the applicant be connected with existing rail and high- proposes to commence and complete the way systems;

construction of the zone and the facill(V) Facilities for coal and other fuel, ties and appurtenances, and to set up and for light and power;

and commence operation of the zone. (vi) Water and sewer mains;

(i) Exhibit No. 9. The largest scale (vii) Administrative and living quar- charts of the United States Coast and ters and facilities to be provided for the Geodetic Survey of the locality, showing oficers and employees of the United in red the boundaries of the proposed States, State, and municipality, whose zone (four copies); or if an interior zone, duties may require their presence with- four copies of a map on an appropriate in the zone (as required by $ $ 400.800- scale, showing in red the boundaries of 400.812);

the proposed zone. (viii) Enclosure to segregate the zone (j) Exhibit No. 10. A detailed map, from customs territory, together with on tracing linen and three blue line the provisions for ingress and egress of prints, showing the proposed lay-out of persons, conveyances, vessels, and mer- the zone. chandise, showing in detail compliance (1) The map shall be not smaller than with $$ 400.800_400.812, and including a 24 inches by 36 inches and not larger description of openings and, if buildings than 28 inches by 40 inches; shall have form part of the enclosure line, a full de- a clear border of one-half inch on three scription of the construction of the

sides and 212 inches on the left-hand buildings and any openings therein on shorter side; shall have a numerical the line side. (2) A description of the proposed proj

scale and a graphical scale, the latter

not less than 6 inches in length; shall ect, where zone will not be adjacent to have the true meridian indicated therewater, to include:

on; and shall have a space 4 inches by (i) Loading and unloading facilities; 7 inches in the lower right-hand corner, (ii) Warehouses, giving type of con

the upper half of which shall bear the struction, floor area, and fire protection;

title, scale, etc., and the lower half shall (iii) Transportation connections by be left clear. rail and highway, giving the number of (2) The map shall show, in land areas, tracks and routes by which they would be connected with existing rail and highway

all existing structures and improvements,

and, on water areas, by soundings, the systems;

present depths below a plane of refer(iv) Facilities for coal and other fuel, and for light and power;

ence stated on the map. The outline of

the proposed slips, docks, wharves, ware(v) Water and sewer mains;

houses, streets and highways, railroads

, (vi) Administrative and living quar

facilities for fuel, light, power, water and ters and facilities to be provided for the

sewer mains; quarters and enclosures officers and employees of the United

shall be shown by suitable heavy lines States, State, and municipality, whose

and these features designated clearly by duties may require their presence within

lettering. The depths to be provided in the zone (as required by $ $ 400.800

water areas below the noted datum plane 400.812);

shall be shown by figures. (vii) Enclosure to segregate the zone

(3) The scale of the map shall be such from customs territory, together with the provisions for ingress and egress of

as to show the complete zone on one sheet

of the size prescribed. persons, conveyances, and merchandise, showing in detail compliance

(4) If rail connections to existing rall.

with $$ 400.800–400.812, and including a de

road systems cannot be shown on the

map of the zone, an additional map or

ga sec itz CUS ott on

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maps on tracing linen and three blue line the full names and official designation prints, showing the proposed rights-of- of each, with three copies of such stateway therefor and all structures, streets,

ment; and other improvements affected thereby (iii) A certified copy of the special act shall be furnished. These maps shall be or acts of the State or States in which the subject to the same requirements as to zone is located (enacted after June 18, size, border, scale, meridian, and title as 1934) and providing for the chartering of the map of the zone.

the corporation for the specific purpose (k) Exhibit No. 11. (1) If the appli- of establishing a zone, with three uncercant is a State, the application for a tified copies of such act or acts. grant shall be accompanied, as evidence (1) Exhibit No. 12. Evidence satisfacof the applicant's qualifications to make tory to the Board that permits for conapplication, by a copy of the law or laws struction have been obtained from Fedunder authority of which the applica- eral, State, or municipal authorities. tion is made, duly certified by the Gov- (m) Exhibit No. 13. Duly authentiernor or secretary of state of the State cated copies of the proceedings of the under seal, and three uncertified copies governing body of the corporation auof such law or laws (enacted after June thorizing the oficial signing the applica18, 1934).

tion to make such application.
(2) If the applicant is a public corpo- (Sec. 6, 48 Stat. 1000; 19 U. S. C. 818) (Reg-
ration, other than a State, as defined in ulations, June 29, 1935, as amended by Or-
section 1 (e) of the act, the application

der 17, 14 F. R. 3671, July 2, 1949]
for a grant shall be accompanied by evi- $ 400.604 Additional information,
dence of the applicant's qualifications to
make the application, as follows:

An applicant may be required by the

Board to furnish maps, plans, or other (i) A copy of its charter or other or

data in addition to the requirements spe. ganization papers duly certified by the secretary of state of the State in which

cifically set forth in the regulations in

this part, if, in the judgment of the it is located, or by the officer having legal custody of the record of municipal and

Board, such additional data are desirother public corporations (one copy

able for a full understanding of the projonly);

ects, or for the purpose of enabling the

Board to review the design thereof, either (11) A statement under seal of the sec

in whole or in part.
retary of state of the State or other offi-
cer charged by State laws with super-

(Sec. 6, 48 Stat. 1000; 19 U. S. C, 811)
vision of harbor facilities, setting forth $ 400.605 Public notice of application.
whether the State owns and controls

Subsequent to determining the filing harbor facilities of any port of entry and whether harbor facilities of any other

date of an application to establish a

zone, as prescribed by $ 400.608, public port of entry in the State are owned and

notice will be given in the FEDERAL REGcontrolled by a municipality, with three

ISTER and in news releases. Notices will uncertified copies of such statement. (3) If the applicant is a private cor

contain the names and addresses of apporation, the application for a grant shall

plicants, general description of the projbe accompanied by evidence of the appli- ect, arrangements for public hearings cant's qualifications to make the appli- scheduled, and provisions for interested cation, as follows:

parties to communicate their views to (1) A copy of its charter or articles of the Board, in person or in writing. At incorporation duly certified by the secre- public hearings upon any application, tary of state of the State where organized officials of the Board may require the or other oficer having legal custody of a presentation of such information rerecord of incorporation (one certified

specting the application as in their judgand three uncertified copies);

ment the proper conduct of the hearings
(it) A statement, under corporate or the public interest requires,
seal, setting forth that the organi-

[Order 74, 32 F.R. 13714, Sept. 30, 1967)
zation of the corporation is completed,
showing that the corporation is author- $ 400.606

Amendments.
ized to proceed with the establishment

The Board may upon its own initiative of a foreign-trade zone under the laws of

or upon request permit the amendment the State, and giving a true list of the of an application. principal officers of the corporation, with (Sec. 6, 48 Stat. 1000; 19 U. 8. C. 811)

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zone, and

$ 400.607 Applications for expansion of

zone. Applications for expansion of an established zone shall be made and approved in the same manner as an original application. (Sec. 6, 48 Stat. 1000; 19 U. S. O. 811) $ 400.608 Determining filing date.

Applications will be considered to have been filed as of the date of receipt by the Board of the information called for in $ $ 400.600–400.604. The applicant will be advised of the filing date of his application. [Order 74, 32 F.R. 13714, Sept. 30, 1967) § 400.609 Information exempt from

public inspection. An application should not contain confidential information, and any part of the application marked clearly as requiring restricted handling will not be accepted. Data which in the opinion of the applicant should be treated as confidential may be so marked and submitted to the Board as a separate supplement. However, the Board reserves the right not to accept for inclusion in the record any papers containing data for which confidential treatment is sought. [Order 74, 32 F.R. 13714, Sept. 30, 1967]

GRANTS SUBJECT TO CONDITIONS $ 400.700 Penalty for delay.

Should the grantee fail to commence construction, diligently to carry construction to completion, and to set up and commence operation of the zone with zeal and ability, within the time stated in the grant, on a proper showing of negligence before the Board, the grantee shall be considered as having failed to comply with the conditions set forth in its application, and the grant shall become null and void. The grantee may, however, petition the Board for an extension of time for commencing and completing construction and for setting up and commencing operation of the zone, provided such petition shall be filed with the Board before the expiration of the time specified in the grant (or any extension thereof) for which an extension is desired. The Board may grant the petition provided a proper showing has been made that the extension is in the public interest.

$ 400.701 Disposition of grant prohib

ited.
The grant shall not be sold, conveyed,
transferred, set over, or assigned.
(Soc. 17, 48 Stat. 1002; 19 U.S.O. 819)
$ 400.702 Special conditions.

Special conditions applicable to a par-
ticular zone may be required by the
Board and inserted in the grant for that
zone,

OPERATION OF ZONE
$ 400.800 Operations in

forms and procedures.
The merchandise and operations per-
mitted in a zone, the disposition of mer-
chandise in a zone, the zone status of the
merchandise and special provisions ap-
plicable to each status, the subsequent
importation of merchandise exported
from a zone, and other operations in a
zone authorized by the act, are herein-
after in this part generally described.
The zone forms' required are appended
to these regulations and made a part
thereof, and the procedures required are
set forth in Customs regulations relating
to foreign-trade zones (19 CFR Part 30),
and the regulations and schedules of
rates and charges made and fixed by the
zone grantee and approved by the Board.
(Order 29, 17 F. R. 5316, June 11, 1952]
§ 400.801 Merchandise permitted in a

of it the any cond agal in a cust cab

le of ProF rect oft not hava

Or ame 1967

$40

zone.

I bro anc mat be tone the oth dise ide 200 Ste

Foreign and domestic merchandise of every description, except such as is prohibited by law, may, without being subject to the customs laws of the United States, except as otherwise provided in the act and the regulations made there. under, be brought into a zone.

(a) Merchandise which is specifically and absolutely prohibited by law shall not be admitted into a zone. Any merchandise so prohibited by law which is found within a zone shall be disposed of in the manner provided for in the laws and regulations applicable to such merchandise. A distinction is made between (1) merchandise which is specifically and absolutely prohibited by law on the grounds of policy or morals, such as immoral or subversive literature, obscene articles, or lottery matter, and (2) mer. chandise which is subject to conditional

1 Zone Forms B, C, D, E, F filed, as part of original document.

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