(2) An exception will also be considered in cases where failure to export the commodities will subject the applicant to a definite economic hardship in the form of a substantial financial liability. An example of such hardship is a situation where a contract is in effect, the commodities have been specially processed and packed for shipping, and freight arrangements have been made. Another example is a situation where, because of geographic location, a loss would be suffered if the applicant had to dispose of the commodities in the United States. A mere decrease in an expected profit does not impose a financial liability and does not constitute an economic hardship within the meaning of this section. To establish an economic hardship, an applicant shall submit in support of his license application a copy of his sales contract with the foreign purchaser. In addition, he shall disclose the date he purchased the commodities, the price he paid for them, their current U.S. market price, and any other facts to establish his potential economic hardship.1 [12th Gen. Rev. of Export Regs., Amdt. 4, 34 F.R. 14326, Sept. 12, 1969] in the U.S. Department of Commerce Export Control Regulations which is referred to and invoked by provisions in this Subchapter B, is hereby incorporated by reference pursuant to 4 U.S.C. 522(a) (1) and 1 CFR Part 20. (b) The Commodity Control List is available at the following places: Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. Exporters Service Section, Office of Export Control, Bureau of International Commerce, Department of Commerce, Washington, D.C. 20230. Field Offices of the Bureau of International Commerce, Department of Commerce. (c) Revisions, amendments, revocations, deletions, recodifications, redesignations, and corrections will be issued in Export Control Bulletins from time to time by the Office of Export Control, Bureau of International Commerce, Department of Commerce, Washington, D.C. 20230, in the form of replacement pages or insert sheets, and an official historic file will be maintained by the Office of Export Control. § 399.2 Commodity Interpretations; incorporation by reference. (a) The text of the current edition of the Commodity Interpretations as published in the Export Control Regulations which is referred to and invoked by provisions in this Subchapter B, is hereby incorporated by reference pursuant to 4 U.S.C. 522(a) (1) and 1 CFR Part 20. (b) The Commodity Interpretations are available at the following places: Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. Exporters Service Section, Office of Export Control, Bureau of International Commerce, Department of Commerce, Washington, D.C. 20230. Field Offices of the Bureau of International Commerce, Department of Commerce. (c) Revisions, amendments, revocations, deletions, recodifications, redesignations, and corrections will be issued in Export Control Bulletins, from time to time by the Office of Export Control and an historic file will be maintained by the Office of Export Control. Construction of schedules. USE OF GOVERNMENT PROPERTY 400.1100 Use of Government property. VIOLATION OF PROVISIONS OF ACT OR 400.1200 Fine imposed for violation of act 400.1201 RULES OF PROCEDURE AND PRACTICE 400.1300 Headquarters. 400.1301 Executive Secretary of the Board. 400.1304 Order of business. 400.1305 400.1306 Orders of Board. Authorization for hearings. Availability of materials for inspection and copying. Requests for identifiable records. Determinations of availability of records. 400.1405 Requests for reconsideration of nonavailability. 400.1406 Security information. AUTHORITY: The provisions of this Part 400 issued under sec. 8, 48 Stat. 1000; 19 U.S.C. 81h, unless otherwise noted. SOURCE: The provisions of this Part 400 contained in Regulations, June 29, 1935, unless otherwise noted. § 400.100 DEFINITIONS Act. The term "Act" means the ForeignTrade 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. [Order 29, 17 F. R. 5316, June 11, 1952] § 400.101 Zone. The term "zone” means a "foreigntrade 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, mainipulating, manufacturing, 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 The term "State" includes any State, the District of Columbia, and Puerto Rico. [Order 74, 32 F.R. 13714, Sept. 30, 1967] § 400.105 Corporation. The term "corporation” means a public or a private corporation: (a) “Public corporation" means & 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. (Sec. 1, 48 Stat. 998; 19 U. S. C. 81a) § 400.106 Applicant. The term “applicant” means a corporation applying for the right to establish, operate, and maintain a foreigntrade zone. (Sec. 1, 48 Stat. 998; 19 U. S. C. 81a) 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. 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 commerce, those controlling the revenue, the Shipping Act of 1916, as amended (39 Stat. 728, as amended; 46 U.S.C. Chapters 23, 24, 24A, and 27), the Interstate Commerce Act (24 Stat. 379, as amended; 49 U.S.C.), and other laws of the United States applicable to zones: (a) To grant to corporations, subject to the conditions and restrictions of the act and of the rules and regulations made thereunder, the privilege of establishing, operating, and maintaining foreign-trade zones in or adjacent to ports of entry under the jurisdiction of the United States, if it finds that the proposed plans and location are suitable for the accomplishment of the purpose of the foreign-trade zone under the act, and that the facilities and appurtenances which it is proposed to provide are sufficient. (b) To prescribe such rules and regulations as may be necessary to establish and conduct such zones. (c) To approve rates and charges for all services or privileges within the zone, and to assure uniform treatment under like conditions to users of the zone or to merchandise within the zone subject to such treaties or commercial conventions in force at the time. |