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Executive Order 7104

Directing Executive Departments and Other Establishments of the Government to Cooperate with Foreign-Trade Zones Board

By virtue of and pursuant to the authority vested in me by section 10 of the act of June 18, 1934 (48 Stat. 998, 1001), I hereby order and direct the executive departments and other establishments of the Government to cooperate with the Board established by the said act for carrying out the purposes thereof, and at the request of the said Board to furnish it such records, papers, and information in their possession as it may require, and to temporarily detail to its service such officers, experts, or engineers as may be necessary for the purpose of facilitating the investigation of the Board and its work in connection with the establishment, operation, and maintenance of foreigntrade zones.

THE WHITE HOUSE,

July 18, 1935.

FRANKLIN D. ROOSEVELT.

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Foreign-Trade Zones Board
Regulations

Title 15.-Department of Commerce

Chapter IV-Foreign-Trade Zones Board

PART 400-GENERAL

REGULATIONS GOVERNING FOREIGN-TRADE ZONES IN THE UNITED STATES, WITH RULES OF PROCEDURE

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400.202 Cooperation with Board of other agencies of the Government. 400.203 Executive Order No. 7104.

Article 3. Number and location of zones

400.300 Each port of entry entitled to at least one zone.

400.301 Port of entry located in more than one State entitled to a zone in each

such State.

400.302 Zone may be authorized in each of two cities separated by water in

one port of entry.

400.303 Additional zones in port of entry may be authorized by Board. 400.304 Zones for specialized purposes.

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Sections

Article 4. Economic, financial, and physical requirements for
establishment of zone

400.400 Economic survey of proposed zone.

400.401 Proof of ability of applicant to adequately finance zone. 400.402 Physical facilities required in the operation of a zone.

400.403 Construction and operation of equipment for segregation from customs territory and quarters for personnel.

Article 5. Eligible applicants

400.500 Grants made to corporations.

400.501 Requirements for grant where harbor facilities owned and controlled by State and by municipality.

400.502 Act of State legislature necessary in case of private corporations. 400.503 Preference to public corporations.

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400.605 Publicity may be given to information contained in application. 400.606

Amendments.

400.607 Applications for expansion of zone.

400.608 Priorities.

Article 7. Grants subject to conditions

400.700 Penalty for delay.

400.701 Disposition of grant prohibited.

400.702 Special conditions.

Article 8. Operation of zone

400.800 Operations in zone, and forms and procedure.

400.801

Merchandise permitted in a zone.

400.802 Disposition of merchandise in a zone.

Manipulation, manufacture, and exhibition of merchandise.
Status of merchandise in a zone.

Use of zone by carriers.

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Retail trade within a zone.

400.809

Subsequent importation of zone merchandise.

Exclusion from zone of goods or process of treatment.

Residence within zone.

400.810 Employees and persons entering and leaving zone.

400.811 All persons entering zone bound by regulations.

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Payment of customs officers and employees.

400.815 Erection of buildings within zone by persons other than grantee.

Article 9. Maintenance of zone

400.900

Structures and facilities to be maintained in good order.

400.901 Penalty for failure to make repairs or alterations.

Article 10. Administration of zone

400.1000 Operation, maintenance, and administration.

400.1001 Regulations promulgated by grantee and posting of regulations within

zone.

400.1002 Grantee's reports to Board.

400.1002.a Uniform system of accounts, records and reports.

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Separability of regulations in event of invalidity.

400.1006 Changes in regulations.

Sections

400.1007 Authority for publishing, posting, and filing of schedules of rates and

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400.1010 Designation of agent for issuance of schedules.

400.1011 Uniformity of schedules.

400.1012

400.1013 Additional instructions.

Construction of schedules.

Article 11. Use of Government property

400.1100 Use of Government property.

400.1200

400.1201

400.1202

400.1203

400.1300

400.1301

400.1302

400.1303

Article 12. Violations of provisions of act or regulations

Fine imposed for violation of act or regulations.

Revocation of grant.

Procedure for revocation.

Appeal from revocation order.

Article 13. Rules of procedure and practice

Headquarters.

Organization of Board.

Committee of alternates.

Meetings of the Board.

400.1304 Order of business.

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Authority: Issued under section 8 of the Foreign-Trade Zones Act of June 18, 1934 (48 Stat. 1000; 19 U. S. C. 81h).

Source: Regulations promulgated by Foreign-Trade Zones Board Order No. 1, effective June 29, 1935, incorporated in 15 CFR, Part 400, on June 1, 1938, as amended by Order No. 5 (3 F. R. 2257, September 20. 1988. 4 F. R. 541, February 8, 1989); Order No. 17 (14 F. R. 3671, July 2, 1949); Order No. 20 (14 F. R. 5427, September 1, 1949); and Order No. 29 (17 F. R. 5316, June 11, 1952).1

Article 1.-Definitions1

400.100 Act. The term "Act" means the Foreign-Trade 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. 400.101 Zone.† The term "zone" means a "foreign-trade 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, manipulating, manufacturing,

1 Sections amended by Order No. 29, effective July 11, 1952, are marked with a dagger.

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. 400.102 Secretary of Commerce. The term "Secretary" means the Secretary of Commerce.

400.103 Board. The term "Board" means the Board created by the act to carry out the provisions thereof. The Board shall consist of the Secretary of Commerce, who shall be chairman and executive officer, the Secretary of the Treasury, and the Secretary of the Army. 400.104 State. The term "State" includes any State, the District of Columbia, Alaska, Hawaii, and Puerto Rico.

400.105 Corporation. The term "corporation” means a public or a private corporation:

(a) "Public corporation" means a 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.

400.106 Applicant. The term "applicant" means a corporation applying for the right to establish, operate, and maintain a foreigntrade zone.

400.107 Grantee. The term "grantee" means a corporation to which the privilege of establishing, operating, and maintaining a foreign-trade zone has been granted.

400.108 Collector and collector of customs. The terms "collector" and "collector of customs" mean the collector of customs in whose district the zone is located.

400.109 District engineer. The term "district engineer" means the engineer of the Department of the Army in whose district the zone is located.

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.

Article 2. 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 com

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