400.1309 Hearings before Examiners Committee. In conducting its investigation the Examiners Committee is authorized to hold hearings and take evidence as provided in §§ 400.1316-400.1321.

400.1310 Submission of further evidence. Should the report of the Examiners Committee be unfavorable, notice will be sent to the applicant, who will be permitted to apply for permission of the Board to present further evidence in support of his application either orally, in writing, or both.

400.1311 Rehearing on application. Should the request of the applicant to submit further evidence be granted, the applicant will be notified and, if a hearing is desired, a date fixed therefor before the Committee of Alternates.

400.1312 Action of Board on application. 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 and 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 specified 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 excess.

400.1314 Construction of zone. Construction will be under the supervision of the Secretary of the Army and Chief of Engineers; such supervision shall be exercised by the district engineer who shall en force compliance with the terms of the grant.

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.

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.

400.1317 Notice of hearing. When the Board or 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.

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.

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 by other interested persons. In such cases, definite statements as to the amount of time desired should be required. If no further hearing is held, it should be required that any additional evidence be submitted in typewritten or printed form, and the party submitting it should be required to serve a copy thereof on such other parties in interest as appeared at the hearing and to furnish proof of such service for the record.

400.1320 Record of proceedings. The record of the proceedings should be made in quadruplicate, 3 copies for the Board and 1 for

the office of the presiding officer. The record should be accompanied by a copy of the notice and list of those present, briefs or exhibits submitted in the case, and the recommendations of the officer or committee conducting the hearing on the points raised at the hearing. All of the above papers should be properly marked for reference and when possible bound together and submitted as a single exhibit. 400.1321 Additional rules of practice. Additional rules of procedure and practice in formal proceedings under the Act, and of procedure in formal and informal proceedings, in elaboration or extension of those set forth herein, may be issued from time to time.

Foreign-Trade Zone Forms

ZONE FORM B (See page 50.)

Application and permit for privileged foreign status for zone merchandise. This is application for liquidation of duties, and taxes if any, under the First Proviso of Section 3 of the Act, filed with zone customs entry on customs Form 7502.

ZONE FORM C (See page 51.)

Application and permit to transfer merchandise constructively from foreign-trade zone to customs territory, filed when making customs entry of merchandise in zone.

ZONE FORM D (See page 52.)

Application and permit to admit merchandise into foreign-trade zone, permit to transfer merchandise through customs territory to zone and customs officer's return thereon, and customs report of merchandise received at zone.

ZONE FORM E (See page 54.)

Application and permit for the manipulation, manufacture, exhibition, or destruction of foreign-trade zone merchandise, and customs officer's return.

ZONE FORM F (See page 56.)

Application for and certificates of identification of foreign-trade zone privileged merchandise, foreign and domestic, to be brought into customs territory.

NOTE: See notations on forms of applicable Board and Customs regulations.

49

SIR: Application is hereby made for privileged foreign status for the merchandise described below.

There is filed herewith a zone customs entry on customs Form 7502 in triplicate. (The procedure in connection with the preparation, filing, and acceptance of the entry, the making of notations on invoices, the preparation of customs Form 6417, the designation of examination packages or quantities, and the examination and appraisement of the merchandise is the same as that prescribed in the case of an entry for warehouse made in customs territory, except that no bond is required.)

The application made above is approved as of the date filed and the merchandise will be taken under supervision by the customs officer in charge at the zone, to whom a copy of this form is being transmitted, in connection with the liquidation of duties and determination of taxes thereon.

COLLECTOR OF CUSTOMS.

By

Title

Time.

This form is distributed by the zone grantee. This application may be filed with the application for admission of merchandies into the zone (Zone Form D), or at any time thereafter and before the merchandise has been manipulated or manufactured in the zone so as to change its tariff classification.