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tion with publishing, filing, and posting (b) Schedules and revised pages shall
ule shall be printed upon one side only,
(d) A margin of not less than one (1) (2) Avoid duplication of this respon- inch shall surround the schedule page, sibility and possible conflict with respect especially at the binding edge. to the material contained in schedules, (e) No alteration in writing or erasure by placing with one person the authority shall be made in any part of the schedule. to carry out the provisions of the act with (f) A hard cardboard front and back relation to publishing, posting and filing cover shall be used in binding schedules, schedules.
and allowance made for conveniently (3) Would also place the responsibility fastening and unfastening the schedule for the unification and dissemination of to permit insertion of revised pages from information contained within schedules time to time. to the interested public, and the many (g) The front cover and back cover of other incidental details with regard to schedules may be in any color which may this important subject, upon the person be determined upon, but the pages within granted the power of attorney.
the schedule shall be white, at least com(b) The granting of such authority to mencing with original page number one a specifically designated person could be up to and including the last page, and all limited in the following respects:
revisions thereof. (1) By defining the period of time such
[Par. 5, Instr., Feb. 7, 1938] power of attorney is to run. (2) By stating the exact nature of
$ 400.1012 Construction of schedules, responsibility for which the power of at- All schedules should be constructed as torney is issued, for instance "to publish, simply as possible, but accuracy and compost, and file schedules, and all incidental prehensiveness should not be sacrificed. duties in relation thereto."
The Board, therefore, instructs that the (c) From the above it will be seen that following general outline of the schedule one of the main objectives to be accom- be followed as closely as possible: plished thereby would be to limit the re- (a) Title page. The title page shall sponsibility on behalf of the grantee to generally bear such items as: one person, a specifically designated au- (1) The name of the grantee or opthority, to handle all matters in relation erator. to the publication, posting, and Aling of (2) The schedule number. schedules. Future developments of for
(3) Descriptive statement of the coneign-trade zones will undoubtedly reveal tents named within schedule. the numbers and kinds of schedules and (4) Location of zone. revisions necessary to the conduct of such (5) The date the schedule is issued and organizations.
effective date. (Par. 4, Instr., Feb. 7, 1998)
(6) The name of the person by whom 8 400.1011 Uniformity of schedules.
the schedule is issued.
This information may be given on the In order that all original schedules and
cover of the schedule as well as on the revisions embracing matters pertaining
page constituting original page No. 1 of to foreign-trade zones, such as rates,
the schedule. charges, rules and regulations, and any additional schedules and revisions that
(b) Administrative organization page, may be subsequently issued, will be con
On this page, which will form original structed as uniformly as possible, the
page No. 2, shall be listed the public offi. following is prescribed:
cials and managing officers connected (a) All schedules shall be compiled
directly with the operation of the zone. and published in loose-leaf form, both the
(c) Checking sheet for schedule. This original schedule and subsequent revised
standard method of noting corrections pages conforming to a size of approxi
and additions to the schedule shall be mately 8 inches wide by 11 inches long.
used and followed by the grantee. The
checking sheet shall carry an explanation
tho It is tior is , con cha
( sha bee 201
ers Ves disc etc.
cha car for age ser loa. mir the lab
oth tert par
for its use to all who are in possession of $ 400.1013 Additional instructions. the original schedule.
Duplication should be avoided. A com(d) Table of contents. The table of
modity once named within the schedule contents shall follow the general outline
with all rates, charges, rules and regu.as given in this section and shall include
lations applying in connection therewith, all major references by pages.
will be considered as the effective tariff (e) Explanation of abbreviations and
in force until subsequently revised in the symbols. A complete list of abbrevia
form provided by means of revised pages. tions and symbols used in the schedule The Foreign-Trade Zones Board shall shall be explained.
be furnished with the original and seven (f) Definitions. There shall be given copies of all schedules. definitions of all terms used in this sched
Changes or additions in the form of ule relating to rules, regulations, rates revised pages shall be submitted to the and charges, also of any terms relating Foreign-Trade Zones Board within 3 to the physical construction of this days after such changes have been made. schedule. Where the Foreign-Trade
All supplementary information conZones Board has supplied definitions for cerning the quotation of rates and terms to be used herein, those definitions charges for commodities not within the shall be used.
schedule shall be furnished the Foreign(g) Rules and regulations. Special Trade Zones Board within 10 days after care should be taken in the compilation such quotations are made. This is in of rules and regulations that they may be addition to the construction of the schedcomplete and self-explanatory with re- ule and should not be confused therespect to their general application. It with. is suggested that rules and regulations All items carried in the schedule shall of general application be segregated from be numbered in consecutive sequence. those of specific or special application.
[Par. 7, Instr., Feb. 7, 1938] It is also suggested that rules and regulations be grouped in their application, that USE OF GOVERNMENT PROPERTY is, concerning carriers, concerning cargo,
$ 400.1100 Use of Government property. concerning persons, concerning rates and charges, etc.
If the title to or right of user of (h) Prohibited merchandise. There
any of the property to be included in a shall be listed all merchandise which has
zone is in the United States, an agreebeen excluded from the privileges of the
ment to use such property for zone purzone for any reason.
poses may be entered into between the (1) Rates and charges. (1) Applying
grantee and the department or oficer of to carriers: Herein shall be listed all
the United States having control of the charges applicable to carriers, their own
same, under such conditions, approved
by the Board and such department or ers or agents, in the following manner: Vessels: towage, dockage, loading and
officer as may be agreed upon. discharging, running lines, fumigation, VIOLATIONS OF PROVISIONS OF ACT OR etc. Rail cars: switching charge, demur
REGULATIONS rage, etc. Motortrucks; property priv
$ 400.1200 ilege, loading and unloading, etc.
Fine imposed for violation
of act or regulations.
In case of a violation of the act or cargo shall be listed in separate tariffs
of any regulation under the act by the for each service. Thus, tariffs for wharf
grantee, any officer, agent, or employee age, handling, demurrage, storage, extra
thereof responsible for or permitting any services, manipulation, loading and un
such violation shall be subject to a fine loading, high piling, rental of equipment,
of not more than $1,000. Each day durminimum charges, etc., shall each show
ing which a violation continues shall the application of the tariff, space and
constitute a separate offense. labor rates, commodity and description
(Sec. 19, 48 Stat. 1003; 19 0.8.C. 818) necessary to apply the particular tariff, § 400.1201
Revocation of grant. modifications of the tariff, and such
In the event of repeated willful violaother information necessary for the determination of rates and charges for a
tions by the grantee of any of the pro
visions of the act, the Board may revoke particular service.
the grant after 4 months' notice to the (Par. 6, Instr., Feb. 7, 1938)
grantee and after affording it an oppor
tunity to be heard. The testimony taken principal operating official of the Board,
matters within the purview of the Board. (Sec. 18, 48 Stat. 1002, as amended; 19 U.S.C.
(b) Direct the execution of the orders 81r)
of the Board. § 400.1202 Procedure for revocation.
(c) Initiate recommendations to the
Board for overall administration of the In the conduct of any proceeding for Foreign-Trade Zones Act. the revocation of a grant the Board may (d) Conduct periodic inspection of the compel the attendance of witnesses, the
zones. giving of testimony, and the production (e) Provide information and advisory of documentary evidence; and for such assistance to Federal, State, and Municpurposes may invoke the aid of the dis
ipal agencies, to the business commutrict courts of the United States.
nity, and to the general public. (Sec. 18, 48 Stat. 1002, as amended; 19 U.S.C. (f) Arrange meetings of the Board and 81r)
its Committee of Alternates, including 8 400.1203 Appeal from revocation
provisions for minutes and necessary order.
records. An order issued by the Board revok
(g) Maintain custody of the seal, recing the grant shall be final and conclu
ords, files, and correspondence of the sive, unless within 90 days after its sery
Board. ice the grantee appeals to the circuit
(h) Appoint staff members, including court of appeals for the circuit in which
an Assistant Executive Secretary, who the zone is located by filing with the clerk
may act for him in his absence. of said court a written petition praying
(i) Perform such other duties as may that the order of the Board be set aside.
be required by the Secretary of ComSuch order shall be stayed pending the
merce, as Executive Officer of the Board, disposition of appellate proceedings by
and as the Board may direct. the court. The clerk of the court in
[Order 74, 32 F.R. 13714, Sept. 30, 1967) which such a petition is filed shall imme- 8 400.1302 Committee of Alternates. diately cause a copy thereof to be delivered to the Board, and it shall forthwith
Each member of the Board shall desigprepare, certify, and file in the court a
nate an alternate to serve on a Commitfull and accurate transcript of the record
tee of Alternates. The alternate of the
chairman of the Board shall be chairman in the proceedings held before it, under
of the committee. The committee shall sections 18(c) of the act (48 Stat. 1002; review and prepare all matters for pres18 U.S.C. 81r (c)), the charges, the evi- entation to the Board, shall hold such dence, and the order revoking the grant. hearings and rehearings as may be di, The testimony and evidence taken or sub- rected by the chairman of the Board, and mitted before the Board, duly certified
shall perform all other duties designated and filed as a part of the record, shall be
by the Board except such as are specificonsidered by the court as the evidence
cally imposed by law on the Board. The in the case.
committee shall meet at the call of its (Sec. 18, 48 Stat. 1002, as amended; 19 U.S.C.
$ 400.1303 Meetings and proceedings of RULES OF PROCEDURE AND PRACTICE
the Board. 8 400.1300 Headquarters.
(a) Two members of the Board shall The headquarters of the Board shall
be necessary for a quorum for the trans
action of business. be the Department of Commerce, Wash
(b) Meetings of the Board will be ington, D.C.
held on call of the Chairman and Execu§ 400.1301 Executive Secretary of the
tive Officer. Board.
(c) Final votes of each Board member, The Secretary of Commerce, as Chair
including dissenting votes, will be reman and Executive Officer of the Board,
corded and the voting record of each proshall appoint an Executive Secretary of
ceeding shall be available for public inthe Foreign-Trade Zones Board. As
[Order 74, 32 F.R. 13715, Sept. 30, 1967)
§ 400.1304 Order of business.
$ 400.1309 Hearings before Examiners 1:
In conducting its investigation the Ex(a) Reading of minutes of preceding aminers Committee is authorized to hold meeting.
hearings and take evidence as provided (b) Report of secretary of Board. in $$ 400.1316_400.1321. Hors (c) Amendments to regulations or
$ 400.1310 Submission of further evirules.
dence. (d) Applications for grants or amend
Should the report of the Examiners ments to grants.
Committee be unfavorable, notice will (e) Consideration of matters con
be sent to the applicant, who will be and edu nected with operation, maintenance, or
permitted to apply for permission of the administration of zones. and IL
Board to present further evidence in (f) Miscellaneous business. ress
support of his application either orally, (g) Adjournment. r.
in writing, or both. ze Beni $ 400.1305 Authorization for hearings.
8 400.1311 Rehearing on application. The Board on its own motion, or on Should the request of the applicant to application, may authorize hearings or submit further evidence be granted, the rehearings. Such hearings will ordi
applicant will be notified and, if a hearnarily be held before the Committee of
ing is desired, a date fixed therefor before Alternates. The Examiners Committee the Committee of Alternates. is authorized to hold hearings as provided in $ 400.1309.
8 400.1312 Action of Board on appli
cation. $ 400.1306 Orders of Board.
After the Board's consideration of the ties at Orders of the Board shall be made of
application is completed, unless further record, numbered serially, and published information is required by the Boara, from time to time for the information
the grant will be made oi denied. and guidance of all concerned.
§ 400.1313 Payment for inspection. $ 400.1307 Applications.
The Board shall specify, and applicants Upon receipt of an application, the ard grantees shall pay, the cost of inspecExecutive Secretary of the Foreign- tion of construction. Prior to the issuTrade Zones Board will designate an ex- ance of a grant, the applicant shall deaminer who will investigate the applica
posit promptly with the district engineer tion and accompanying exhibits for com
a certified check in an amount specified pliance with the provisions of 88 400.600
as prescribed above, covering such cost. to 400.608.
Certified checks in amounts specified by
the Board will also be required to be de(Order 47, 23 F.R. 5417, July 17, 1958]
posited promptly by grantees with the $ 400.1308 Examiners Committee. district engineer covering costs of subseIf the application and accompanying
quent inspections of major alterations. exhibits are in order, the Executive Sec
In the event the amount originally speci
fied is insuficient to pay for the cost of calo retary of the Foreign-Trade Zones Board
inspection, the Board shall specify the will appoint an Examiners Committee additional amount or amounts required, and designate a chairman. This com- which shall be paid promptly by the apmittee will consist of the examiner ap- plicant or grantee, as the case may be. pointed by the Executive Secretary who Such funds shall be carried in a special has examined the application as pro
deposit account by the district engineer vided in $ 400.1307, the Regional Com
in accordance with existing law and regmissioner of Customs or his designee
ulations. If certified checks, which have and the District Engineer in whose
been deposited, are in amounts in excess districts the proposed zone is to be lo
of the cost of supervision of construction, cated. The committee will then make a
the district engineer shall refund such
8 400.1314 Construction of zone.
Construction will be under the superamended by Order 74, 32 F.R. 13715, Sept. 30,
vision of the Secretary of the Army and
Chief of Engineers; such supervision
by of CASOS imou quired
vider printe t shd thered is ap nish Pede June
bema Boara ing o
comp list 02 submi
shall be exercised by the District Engineer who shall enforce compliance with the terms of the grant. (Order 17, 14 F.R. 3671, July 2, 1949] $ 400.1315 Evidence.
In its discretion, and upon its own motion or upon the motion of any interested party, the Board may give an opportunity to, or require, any party to any 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 man. ner 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 pur. pose 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 ques. tion 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 å 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 in. vite and conduct a thorough and candid discussion of the case in all its bearings. [Redesignated by Order 29, 17 F. R. 5917, 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 & 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
empt closu dina