tion with publishing, filing, and posting of schedules. In other words, the granting of such a power of attorney to a designated person would serve the following purposes insofar as the grantee is concerned:

(1) Would give the person so designated the authority to publish, post and file schedules, and all revisions thereto on behalf of the grantee.

(2) Avoid duplication of this responsibility and possible conflict with respect to the material contained in schedules, by placing with one person the authority to carry out the provisions of the act with relation to publishing, posting and filing schedules.

(3) Would also place the responsibility for the unification and dissemination of information contained within schedules to the interested public, and the many other incidental details with regard to this important subject, upon the person granted the power of attorney.

(b) The granting of such authority to a specifically designated person could be limited in the following respects:

(1) By defining the period of time such power of attorney is to run.

(2) By stating the exact nature of responsibility for which the power of attorney is issued, for instance "to publish, post, and file schedules, and all incidental duties in relation thereto."

(c) From the above it will be seen that one of the main objectives to be accomplished thereby would be to limit the responsibility on behalf of the grantee to one person, a specifically designated authority, to handle all matters in relation to the publication, posting, and filling of schedules. Future developments of foreign-trade zones will undoubtedly reveal the numbers and kinds of schedules and revisions necessary to the conduct of such organizations.

[Par. 4, Instr., Feb. 7, 1938]

(b) Schedules and revised pages shall be plainly printed, mimeographed or reproduced by other similar durable process on paper of good quality.

(c) The loose-leaf pages of the schedule shall be printed upon one side only, and each page consecutively numbered, beginning with "original page No. 1." etc., etc.

(d) A margin of not less than one (1) inch shall surround the schedule page, especially at the binding edge.

(e) No alteration in writing or erasure shall be made in any part of the schedule. (f) A hard cardboard front and back cover shall be used in binding schedules, and allowance made for conveniently fastening and unfastening the schedule to permit insertion of revised pages from time to time.

(g) The front cover and back cover of schedules may be in any color which may be determined upon, but the pages within the schedule shall be white, at least commencing with original page number one up to and including the last page, and all revisions thereof.

[Par. 5, Instr., Feb. 7, 1938] § 400.1012

Construction of schedules.

All schedules should be constructed as simply as possible, but accuracy and comprehensiveness should not be sacrificed. The Board, therefore, instructs that the following general outline of the schedule be followed as closely as possible:

(a) Title page. The title page shall generally bear such items as:

(1) The name of the grantee or operator.

(2) The schedule number.

(3) Descriptive statement of the contents named within schedule. (4) Location of zone.

(5) The date the schedule is issued and effective date.

(6) The name of the person by whom the schedule is issued.

This information may be given on the cover of the schedule as well as on the page constituting original page No. 1 of the schedule.

(b) Administrative organization page. On this page, which will form original page No. 2, shall be listed the public officials and managing officers connected directly with the operation of the zone.

(c) Checking sheet for schedule. This standard method of noting corrections and additions to the schedule shall be used and followed by the grantee. The checking sheet shall carry an explanation

for its use to all who are in possession of the original schedule.

(d) Table of contents. The table of contents shall follow the general outline as given in this section and shall include all major references by pages.

(e) Explanation of abbreviations and symbols. A complete list of abbreviations and symbols used in the schedule shall be explained.

(f) Definitions. There shall be given definitions of all terms used in this schedule relating to rules, regulations, rates and charges, also of any terms relating to the physical construction of this schedule. Where the Foreign-Trade Zones Board has supplied definitions for terms to be used herein, those definitions shall be used.

(g) Rules and regulations. Special care should be taken in the compilation of rules and regulations that they may be complete and self-explanatory with respect to their general application. It is suggested that rules and regulations of general application be segregated from those of specific or special application. It is also suggested that rules and regulations be grouped in their application, that is, concerning carriers, concerning cargo, concerning persons, concerning rates and charges, etc.

(h) Prohibited merchandise. There shall be listed all merchandise which has been excluded from the privileges of the zone for any reason.

(1) Rates and charges. (1) Applying to carriers: Herein shall be listed all charges applicable to carriers, their owners or agents, in the following manner: Vessels: towage, dockage, loading and discharging, running lines, fumigation, etc. Rail cars: switching charge, demurrage, etc. Motortrucks; property privilege, loading and unloading, etc.

(2) Applying to cargo: All rates and charges collectible by the grantee against cargo shall be listed in separate tariffs 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]

86-032-68-25

§ 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 oppor

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)

RULES OF PROCEDURE AND PRACTICE § 400.1300 Headquarters.

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

principal operating official of the Board, the Executive Secretary shall:

(a) Represent the Board in all administrative, regulatory, and operational matters within the purview of the Board. (b) Direct the execution of the orders of the Board.

(c) Initiate recommendations to the Board for overall administration of the Foreign-Trade Zones Act.

(d) Conduct periodic inspection of the

zones.

(e) Provide information and advisory assistance to Federal, State, and Municipal agencies, to the business community, and to the general public.

(f) Arrange meetings of the Board and its Committee of Alternates, including provisions for minutes and necessary records.

(g) Maintain custody of the seal, records, files, and correspondence of the Board.

(h) Appoint staff members, including an Assistant Executive Secretary, who may act for him in his absence.

(i) Perform such other duties as may be required by the Secretary of Commerce, as Executive Officer of the Board, and as the Board may direct.

[Order 74, 32 F.R. 13714, Sept. 30, 1967] § 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 and proceedings 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.

(c) Final votes of each Board member, including dissenting votes, will be recorded and the voting record of each proceeding shall be available for public inspection.

[Order 74, 32 F.R. 13715, Sept. 30, 1967]

§ 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 Regional Commissioner of Customs or his designee 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, as amended by Order 74, 32 F.R. 13715, Sept. 30, 1967]

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 ard 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

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 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