APPLICATION FOR A CERTIFICATE OF IDENTIFICATION OF FOREIGNTRADE ZONE PRIVILEGED MERCHANDISE, FOREIGN OR DOMESTIC, TO BE BROUGHT INTO CUSTOMS TERRITORY SIR: Application is hereby made for a certificate of identification as shown by the customs record of the privileged merchandise described below: SIR: It is hereby certified that the customs records show that the merchandise described above as privileged foreign merchandise was brought into the foreign-trade zone as nonprivileged foreign merchandise, and that it was covered by application for privileged foreign status, supported by zone customs entry No----, dated____ 195-, and by application to manipulate or 195__. manufacture on Zone Form E, approved COLLECTOR OF CUSTOMS. SIR: It is hereby certified that the customs records show that the merchandise described above as privileged domestic merchandise was brought into the foreign-trade zone as privileged domestic merchandise; that the identification thereof has been maintained on the customs records; that there is no record of noncompliance with any provision of regulations applicable to privileged domestic merchandise; that the merchandise is entitled to exemption from duties and taxes under the provisions of section 3 of the Foreign-Trade Zones Act of 1934, as amended, and that it was covered by application to manipulate or manufacture on Zone Form E, approved ,195__. COLLECTOR OF CUSTOMS. By Title_ This form is distributed by the zone grantee. The above certificates are issued to support withdrawals for consumption or entries for consumption or warehouse in customs territory. 30.12 Manipulation, manufacture, or exhibition in a zone. 30.13 30.14 30.15 Destruction of merchandise in a zone. Sending merchandise from a zone into customs territory. 30.16 Supplies, equipment, and repair material for vessels or aircraft. 30.18 Reimbursement of customs expenses. (Also, sec. 8.22 (b) of part 8.) Authority: Section 30.1 to 30.18 issued under R. S. 161, 251, secs. 1-21, 48 Stat. 998, 999, as amended, 1000-1003, sec. 624, 46 Stat. 759; 5 U. S. C. 22, 19 U. S. C. 66, 81a-81u, 1624. 30.1 Merchandise permitted in a zone. Foreign and domestic merchandise of every description, except such as is prohibited by law, may be brought into a foreign-trade zone (hereinafter in this part referred to as a "zone") established pursuant to the Act of June 18, 1934, as amended by section 1 of the act of June 17, 1950 (19 U. S. C. 81a-81u, and sec. 1, 64 Stat. 246, hereinafter in this part referred to as "the act"). Merchandise which is specifically and absolutely prohibited by law shall not be admitted into a zone. Any merchandise 1 "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 this Act be brought into a zone (19 U. S. C. 81c.) 57 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) merchandise which is subject to conditional prohibition only, for example, articles which are subject to permits or to licenses for the protection of economic or national security or which may be reconditioned to bring them into compliance with the laws administered by various Federal agencies. Collectors of customs are required to exclude the first class of articles and may not permit them to be transferred to a zone if they are aware of their prohibited status, except that the collector may permit the temporary deposit of any such merchandise in the zone pending final determination of its status. The transfer of articles of the second class to a zone is subject to any requirements of the Federal agency concerned. There is no prohibition against placing over-quota merchandise in a zone pending its right to transfer to customs territory pursuant to the applicable quota provisions. The application for the admission of merchandise into a zone shall be approved or disapproved by the collector, as the representative of the Foreign-Trade Zones Board (hereinafter in this part referred to as "the Board"), where the merchandise is not excluded by any other Federal agency having jurisdiction over it. 2 30.2 Use of zone by carriers. (a) The water area, docking facilities, or any loading or unloading stations of a zone are intended primarily for the use of vessels, vehicles, or aircraft unlading merchandise into the zone or lading merchandise from the zone, and their use for other purposes may be terminated by the Secretary of the Treasury if found to endanger the revenue, or by the Board if found to impede the primary uses of the zone. (b) Nothing in the act or the regulations in this part shall be construed as excepting any carrier entering, remaining in, or leaving a zone from the application of any other pertinent law or regulation. 30.3 Transportation of merchandise to a zone. (a) Merchandise may be brought directly to a zone from any place outside customs territory by vessel, vehicle, or aircraft. (b) Domestic merchandise may be brought to a zone from customs territory by any means of transportation which will not interfere with the orderly conduct of business in the zone. 6 (c) Foreign merchandise destined to a zone and moving through customs territory outside a port shall be subject to the laws and regulations pertaining to the movement of like merchandise between two ports in customs territory. (d) Foreign merchandise being transferred within a port to a zone shall be subject to the laws and regulations pertaining to the move As used in this part the term "merchandise" means goods, wares and chattels of every description, except prohibited articles, and except the usual wearing apparel and accouterments of persons entitled to enter a zone. For transfer of merchandise from one zone to another zone, see section 30.17. As used in this part the term "customs territory" means territory of the United States in which the general tariff law of the United States applies but which is not included in any zone. As used in the act and in this part, the term "domestic merchandise" means merchandise of every description (not including prohibited articles) which has been (1) produced in the United States and not exported therefrom or (2) previously imported into customs territory and properly released from customs custody. As used in the act and in this part the term "foreign merchandise" means imported merchandise of every description (not including prohibited articles) which has not been properly released from customs custody in customs territory. ment of like merchandise within the customs territory of the port before delivery to the importer. 30.4 Who may file a zone application. (a) This section tells who is authorized to apply for permission to transfer merchandise into a zone, to do anything with respect to the merchandise within the zone, or remove the merchandise from the zone. In general, the zone grantee shall have the sole responsibility for determining the legal right of the applicant to make the application. Accordingly, such applications shall show a written concurrence of the zone grantee, except where the regulations in this part provide for the filing of applications by the zone grantee itself, or permit the filing of blanket concurrences by the zone grantee. Government officers acting in their official capacities may question the zone grantee's concurrence if in their opinion it is improperly given. In the case of foreign merchandise brought into a zone through customs territory, the appropriate application as prescribed in section 30.5 must be filed by the person having a right to apply for release. (b) The forms of application provided for in this part shall be filed in the number of copies required for the purposes of local administration. 30.5 Admission of merchandise into a zone. (a) This section tells how to obtain the right to unlade or bring merchandise into a foreign-trade zone. (b) If the merchandise is to be unladen from any carrier in the zone for immediate transfer to customs territory, or if it is to be transferred from customs territory through the zone for immediate lading on any carrier therein, an application for permission to unlade or lade shall be filed on customs Form 3171 and the collector shall permit the unlading or lading unless he has reason to believe that the merchandise will not be moved promptly from the zone or made the subject of an application for zone status in accordance with paragraph (d) of this section. Any such merchandise shall not be considered within the purview of the act, but shall be treated in all respects as though the unlading or lading were in customs territory. Merchandise brought into a zone for lading on a carrier which is not laden without delay which will endanger the revenue must be made the subject of an application for zone status in accordance with paragraph (d) of this section or be removed from the zone. (c) Imported merchandise which has been entered and which has remained in continuous customs custody may be temporarily transferred to a zone for manipulation under customs supervision pursuant to section 562, Tariff Act of 1930, as amended, and for return to customs territory. Any such merchandise shall not be considered within the purview of the Foreign-Trade Zones Act, but shall be treated in all respects as though remaining in customs territory. Therefore, no zone form or procedure shall be considered applicable, but the merchandise shall remain subject in the zone to such requirements as are necessary for the enforcement of section 562 and other pertinent customs laws. (d) If the merchandise is to be unladen or brought into the zone for purposes other than as provided for in paragraph (b) of this section an application to transfer into the zone shall be filed on zone Form D. The approval of the grantee shall be noted on this application unless the grantee furnishes a specific or blanket approval sep arately in writing. In the case of merchandise to be unladen within a zone directly from an importing vessel or aircraft and intended to have zone status, an application for permission to unlade shall also be filed on customs Form 3171. Before foreign merchandise being transported through customs territory may be brought into a foreign trade zone, a release order authorizing the transfer of the merchandise to the zone must be obtained from the carrier bringing the merchandise to the port at which the zone is located. The release order shall be noted on the application Form D unless the carrier has given the release order as a separate document. Whether the release order is noted on application Form D or is given as a separate document, application Form D shall be supported by evidence of the right of the applicant to transfer the merchandise to the zone. This evidence shall be the same as would be required to establish the right of the applicant to apply for release of the merchandise from customs custody at the end of its transit through customs territory. Such evidence usually consists of an original bill of lading in the name of the applicant, an original bill of lading endorsed to him, or a carrier's certificate. Every application made under this paragraph shall indicate the zone status desired as follows: (1) privileged foreign merchandise, (e) No merchandise shall be transferred into a zone until an upplication has been filed and a permit issued for the transfer, as set forth in paragraph (b) or (d) of this section. (f) The collector may cause any merchandise in a zone to be examined at the time of admission, or at any time thereafter, if the examination is deemed necessary to facilitate the proper administration of any law, regulation, or instruction which the Customs Service is authorized to enforce. (g) Whenever a certificate as to the arrival of any merchandise in a zone is required by a Federal agency the collector shall issue the certificate, properly describing and identifying the merchandise involved. 30.6 Privileged foreign merchandise. (a) This section tells how to obtain a privileged status for foreign merchandise, and what are the legal incidents of such status. 8 (b) Merchandise within the purview of the first proviso to section 3 of the act, as amended, shall be given status as privileged foreign merchandise on proper application. Each application for this status shall be filed on zone Form B, with the application for ad 7 See section 8.6, Customs Regulations (19 CFR 8.6). 8. Provided, That whenever the privilege shall be requested and there has been no manipulation or manufacture effecting a change in tariff classification, the collector of customs shall take under supervision any lot or part of a lot of foreign merchandise in a zone, cause it to be appraised and taxes determined and duties liquidated thereon. Merchandise so taken under supervision may be stored, manipulated, or manufactured under the supervision and regulations prescribed by the Secretary of the Treasury, be exported or destroyed, or may be sent into customs territory upon the payment of such liquidated duties and determined taxes thereon. If merchandise so taken under supervision has been manipulated or manufactured, such duties and taxes shall be payable on the quantity of such foreign merchandise used in the manipulation or manufacture of the entered article. Allowance shall be made for recoverable and irrecoverable waste and if recoverable waste is sent into customs territory. it shall be dutiable and taxable in its condition and quantity and at its weight at the time of entry. Where two or more products result from the manipulation or manufacture of merchandise in a zone the liquidated duties and determined taxes shall be distributed to the several products in accordance with their relative value at the time of separation with due allowance for waste as provided for above: ✦ ✦ (19 U. S. C. 81c.) |