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FOREIGN-TRADE ZONES BOARD ORDER NO. 17 Part 400-General Regulations Governing Foreign-Trade Zones in the United States, With Rules of Procedure Miscellaneous Amendments
Pursuant to the provisions of section 8 of the Foreign-Trade Zones Act of June 18, 1934 (48 Stat. 1000; 19 USC 81h), and the rules of practice and procedure governing foreign-trade zones in the United States (15 CFR Part 400), the Foreign-Trade Zones General Regulations are hereby amended as follows: 1. Amend Sec. 400.100 to read as follows: Sec. 400.100 Act. The term "act" means the Foreign-Trade Zones Act of June 18, 1934 (48 Stat. 998-1003; 19 USC 81a-81u). 2. Amend Sec. 400.103 to read as follows: Sec. 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. 3. Amend Sec. 400.109 to read as follows: Sec. 400.109 District Engineer. The term "District Engineer" means the engineer of the Department of the Army in whose district the zone is located. 4. Amend Sec. 400.600 by inserting the numeral "25" after the name "Washington". 5. Amend Sec. 400.603 (k)(3)(ii) by deleting the word "sworn". 6. Amend Sec. 400.800(e) to read as follows: Sec. 400.800 Operations Permitted (e)(1) Permission to manipulate shall be obtained from the COllector of Customs as the representative of the Board. Should the Collector be in doubt as to whether or not a contemplated manipulation is authorized in the act he shall refer the application for permission to manipulate to the Executive Secretary of the Board for advice. In the event the applicant or zone operator is dissatisfied with the decision of the Collector, appeal may be made to the Board. (2)Whenever the Collector of Customs rules, whether favorably or unfavorably, upon any application to perform a manipulation of a character not previously ruled upon, he shall promptly send to the Executive Secretary of the Board a copy of his letter (or other communication) to the applicant. (3) The Collector of Customs shall submit a report monthly to the Executive Secretary of the Board showing the number and nature of pending applications to manipulate. (4) The Executive Secretary will prepare bi-monthly a statement for the information of the Board showing all authorized and denied operations. (5) Authorizations or denials by the Board will be codified and published by the Executive Secretary in the Treasury Decisions and the Federal Register. Those authorized or denied by Collectors of Customs and brought to the attentionof the Board as provided for in subparagraph (4) of this paragraph, will, after 30 days from the time such bi-monthly statement has been made, be submitted by the Executive Secretary for publication in the Federal Register, the Weekly Treasury Decisions, and the Foreign-Trade Zones Board bulletins, is no objection is raised by the Board or any member thereof. 7. Amend Sec. 400.802 by striking the citation "19 CFR Part 10" and substituting in lieu thereof "19 CFR Cum. Supp., Part 12". 8. Amend Sec. 400.810 by striking the citations "19 CFR 1.4" and "19 CFR 1.5" and substituting in lieu thereof "19 CFR Cum. Supp. 1.8". 9. Amend Sec. 400.811 (b) by striking the citations "19 CFR 2.1, 22.22-22.26", and substituting in lieu thereof "19 CFR Cum. Supp. 24-16". 10. Amend Sec. 400.1006 to read as follows: Sec. 400.1006 Changes in Regulations. Regulations issued pursuant to the provisions of the act may be amended , supplemented, suspended or revoked, from time to time, as may be deemed necessary. Regulations shall not be construed as conferring privileges or interests which may not be adversely affected by subsequent regulations or by any changes whatsoever in existing regulations. 11. Amend Sec. 400.1301 to read as follows: Sec 400.1301 Operations of Board. The Board shall designate an executive secretary and an assistant executive secretary, who may be permanent employees of the Office of International Trade of the Bureau of Foreign and Domestic Commerce. The duties of the executive secretary of the Board shall be to arrange meetings of the Board, to keep accurate minutes of the Board's deliberations, to direct the executions of the orders of the Board, to initiate recommendations to the Board for uniform procedures and practices in the several zones, to make periodic inspections of zones, and to perform such other duties as are required by the regulations contained in the part and as the Board may direct. The duties of the assistant executive secretary shall be to assist the executive secretary of the Board and to act for him in his absence. All records of the Board will be maintained in the Office of International Trade of the Bureau of Foreign and Domestic Commerce. 12. Amend Sec. 400.1308 by adding the word "executive" before the word "Secretary" in the first sentence. 13. Amend Sec. 400.1314 to read as follows: Sec. 400.1314 Construction of Zone. Construction will be under the supervision of the Secretary of the Army and Chief Engineers; such supervision shall be exercised by the District Engineer who shall enforce compliance with the terms of the grant. (Sec. 8, 48 Stat. 1000; 19 USC 81h) The foregoing amendments will become effective upon publication in the Federal Register. Signed at Washington, DC, this 27th day of June 1949. Charles Sawyer Secretary of Commerce, Chairman and Executive Officer, Foreign-Trade Zones Board Attest: Thos. E. Lyons Executive Secretary