(3) Export or reexport to Country Group W, Y, or Z any foreign produced direct product of U.S. technical data, or any commodity produced by any plant or major component thereof which is a direct product of U.S. technical data, if such direct product or commodity is covered by the provisions of §§ 385.2 (c) (4), (5), or 385.4(c) (3).

(b) Permissive reexports. (1) Any technical data which have been exported from the United States may be reexported from any destination to any other destination provided that, at the time of reexport, the technical data is exportable directly from the United States to the new country of destination under General License GTDP, GTDU, or GTDS and provided that all of the requirements and conditions for use of these general licenses have been met. (2) When the Office of Export Control has authorized the export of a commodity from the United States to a destination in Country Group W or Y, or the reexport of a U.S. origin commodity from any foreign country to a destination in Country Group W or Y, technical data, such as manuals, instructional sheets, or blueprints, as described in and subject to the conditions of § 385.2(c) (2) may be sent to the same destination as part of the same transaction without separate specific authorization by the Office of Export Control.

(c) Specific authorization to reexport. (1) Requests for specific authorization to reexport technical data or to export any product thereof shall be submitted to the Office of Export Control by letter. The letter shall bear the words "Technical Data Reexport Request" immediately below the heading. The letter shall contain all of the information required under § 385.4(d).

(2) Any request for extension of such authorization shall similarly be submitted by letter. Authorization to reexport, if granted, will be issued with a validity period of 12 months on Form IA-L-71 or by means of a letter from the Office of Export Control.

(d) Effect of foreign laws. No authority granted by the U.S. Office of Export Control, or under the provisions of the U.S. Export Regulations, to reexport technical data or export a product thereof shall in any way relieve any person from his responsibility to comply fully with the laws, rules, and regulations of the country from which the reexport

99-133-69- -24

or export is to be made of any other country having authority over any phase of the transaction. Conversely, no foreign law, rule, regulation, or authorization in any way relieves any person from his responsibility to obtain such authorization from the U.S. Office of Export Control as may be required by the U.S. Export Regulations.

[11th Gen. Rev. of Export Regs., 33 F.R. 8993, June 18, 1968, as amended by Amdt. 8, 33 F.R. 12731, Sept. 7, 1968]

PARTS 386-398-[RESERVED]

PART 399-COMMODITY CONTROL LIST AND RELATED MATTERS

Sec.

399.1 Commodity Control List; incorporation by reference.

399.2 Commodity Interpretations;
poration by reference.
[Reserved]

399.3 399.4

incor

Licensing division jurisdiction over
Processing Numbers.

AUTHORITY: The provisions of this Part 399 issued under sec. 3, 63 Stat. 7, 50 U.S.C. App. 2023; E.O. 10945, 26 F.R. 4487, 3 CFR 1959-63 Comp; E.O. 11038, 27 F.R. 7003, 3 CFR 1959-63 Comp.

SOURCE: The provisions of this Part 399 contained in 11th Gen. Rev. of Export Regs., 33 F.R. 8999, June 18, 1968, unless otherwise noted.

§ 399.1 Commodity Control List; incorporation by reference.

(a) The text of the current edition of the Commodity Control List as published in the Comprehensive Export Schedule, 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 Current Export 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 Comprehensive Export Schedule, 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, redes

ignations, and corrections will be issued in Current Export Bulletions from time to time by the Office of Export Control and an historic file will be maintained by the Office of Export Control.

§ 399.3

§ 399.4

[Reserved]

Licensing division jurisdiction over Processing Numbers.

For purposes of submission of multiple transactions consignee/purchaser statements (§ 373.65) by applicants for export licenses, the Processing Numbers set forth in the Commodity Control List (§ 399.1) have been arranged in three groups corresponding to the licensing jurisdiction of the licensing divisions at the Office of Export Control, as follows: Production Materials and Consumer Products Division: All Processing Numbers from 200 through 399 inclusive.

Capital Goods Division: All Processing Numbers from 400 through 499 inclusive.

Scientific and Electronic Equipment Division: All Processing Numbers from 600 through 699 inclusive.

Construction of schedules.
Additional instructions.

USE OF GOVERNMENT PROPERTY

400.1100 Use of Government property.

VIOLATION OF PROVISIONS OF ACT OR
REGULATIONS

400.1200 Fine imposed for violation of act
or regulations.
Revocation of grant.

400.1201 400.1202

400.1203

Procedure for revocation.

Appeal from revocation order. RULES OF PROCEDURE AND PRACTICE

400.1800 Headquarters.

400.1402 Availability of materials for in

400.1403 400.1404

spection and copying.

Requests for identifiable records. Determinations of availability of records.

400.1405 Requests for reconsideration nonavailability.

400.1406 Security information.

of

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), 88 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 "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.

(Bec. 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)

400.108 District Director of Customs.

The term "District Director of Customs" means the director of customs in whose district the zone is located. [Regulations, June 29, 1935, as amended by Order 74, 32 F.R. 13714, Sept. 30, 1967] § 400.109 District Engineer.

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

[Order 17, 14 F. R. 3671, July 2, 1949]

§ 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.

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.