U.S. Foreign-Trade Zones Board |
19 U.S.C. 81a-81u - Foreign-Trade Zones |
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§ 81a. Definitions
When used in this chapter -
1996 - Subsec. (b). Pub. L. 104-201, Sec. 910(1), substituted "and the Secretary of the Treasury" for "the Secretary of the Treasury, and the Secretary of War". Subsec. (c). Pub. L. 104-201, Sec. 910(2), struck out "Alaska, Hawaii," after "Columbia,". This chapter is popularly known as the "Foreign-Trade Zones Act". Notwithstanding this chapter, articles located in a Foreign-trade zone on the effective date of increases in tax under specific amendments by Pub. L. 101-508 subject to floor stocks taxes under certain circumstances, see section 11218 of Pub. L. 101-508, set out as a note under section 5001 of Title 26, Internal Revenue Code. |
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§ 81b. Establishment of zones
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§ 81c. Exemption from customs laws of merchandise brought into foreign trade zone
The customs laws, referred to in text, are classified generally to this title.
The Tariff Act of 1930, as amended, referred to in subsec. (a)(1), is act June 17, 1930, ch. 497,
46 Stat. 590, as amended, which is classified generally to chapter 4 (Sec. 1202 et seq.) of this
title. For complete classification of this Act to the Code, see Tables.
--------------------------------------------------------------------- I.R.C. 1939 I.R.C. 1986 --------------------------------------------------------------------- Sec. 1807 Omitted Chapter 15 Sec. 5701 et seq. Chapter 16 Sec. 4591 et seq., Sec. 4811 et seq. Chapter 17 Sec. 4831 et seq. Chapter 21 Omitted Chapter 23 Sec. 4701 et seq. Chapter 24 Sec. 4801 et seq. Chapter 25 Sec. 4181, 4182, and 5811 et seq. Chapter 26 Sec. 5001 et seq. Chapter 32 Sec. 4501 et seq. -------------------------------
Section 204 of the United States-Canada Free-Trade Agreement Implementation Act of 1988, referred
to in subsec. (a), is section 204 of Pub. L. 100-449, which is set out in a note under section 2112
of this title.
1999 - Subsec. (a). Pub. L. 106-36 struck out second period at end of last sentence.
Section 31(b) of Pub. L. 104-295 provided that: "The amendment made by this section (amending this section) shall apply with respect to merchandise admitted into a Foreign-trade zone after the date that is 15 days after the date of the enactment of this Act (Oct. 11, 1996)."
Amendment by Pub. L. 103-182 applicable (1) with respect to exports from the United States to Canada on Jan. 1, 1996, if Canada is a NAFTA country on that date and after such date for so long as Canada continues to be a NAFTA country and (2) with respect to exports from the United States to Mexico on Jan. 1, 2001, if Mexico is a NAFTA country on that date and after such date for so long as Mexico continues to be a NAFTA country, see section 213(c) of Pub. L. 103-182, set out as an Effective Date note under section 3331 of this title.
Section 485(a) of title III (Sec. 301-485) of Pub. L. 101-382 provided that: "Except as otherwise provided in this title, the amendments made by this title (amending this section and sections 1309, 1313, 1466, and 1553 of this title and enacting provisions set out as notes under sections 1309, 1466, and 1553 of this title), shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after October 1, 1990."
Amendment by Pub. L. 100-449 effective on date the United States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect on date Agreement ceases to be in force, see section 501(a), (c) of Pub. L. 100-449, set out in a note under section 2112 of this title. Amendment by section 1783(f) of Pub. L. 100-418 applicable with respect to articles entered or withdrawn from warehouse for consumption, after Sept. 30, 1988, pursuant to section 1831(a) of Pub. L. 100-418.
Section 231(a)(3) of Pub. L. 98-573 provided that: "The amendments made by paragraph (2) (amending this section) shall take effect on the fifteenth day after the date of the enactment of this Act (Oct. 30, 1984)."
Amendment by Pub. L. 91-271 effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after Oct. 1, 1970, and such other articles entered or withdrawn from warehouse for consumption prior to such date, or with respect to which a protest has not been disallowed in whole or in part before Oct. 1, 1970, see section 203 of Pub. L. 91-271, set out as a note under section 1500 of this title.
All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out as a note under section 1 of this title. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees.
Notwithstanding this chapter, articles located in a Foreign-trade zone on the effective date of increases in tax under specific amendments by Pub. L. 101-508 subject to floor stocks taxes under certain circumstances, see section 11218 of Pub. L. 101-508, set out as a note under section 5001 of Title 26, Internal Revenue Code.
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99-514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code.
This section is referred to in sections 58c, 1508 of this title; title 26 sections 5003, 5214. |
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§ 81d. Customs officers and guards
The Secretary of the Treasury shall assign to the zone the necessary customs officers and guards to protect the revenue and to provide for the admission of foreign merchandise into customs territory.
Functions of all officers of Department of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. |
§ 81e. Vessels entering or leaving zone; coastwise trade
Vessels entering or leaving a zone shall be subject to the operation of all the laws of the United States, except as otherwise provided in this chapter, and vessels leaving a zone and arriving in customs territory of the United States shall be subject to such regulations to protect the revenue as may be prescribed by the Secretary of the Treasury. Nothing in this chapter shall be construed in any manner so as to permit vessels under foreign flags to carry goods or merchandise shipped from one foreign trade zone to another zone or port in the protected coastwise trade of the United States. (June 18, 1934, ch. 590, Sec. 5, 48 Stat. 1000.) |
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§ 81f. Application for establishment and expansion of zone
(June 18, 1934, ch. 590, Sec. 6, 48 Stat. 1000.) |
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§ 81g. Granting of application
If the Board finds that the proposed plans and location are suitable for the accomplishment of the purpose of a foreign trade zone under this chapter, and that the facilities and appurtenances which it is proposed to provide are sufficient it shall make the grant. (June 18, 1934, ch. 590, Sec. 7, 48 Stat. 1000.) |
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§ 81h. Rules and regulations
The Board shall prescribe such rules and regulations not inconsistent with the provisions of this chapter or the rules and regulations of the Secretary of the Treasury made hereunder and as may be necessary to carry out this chapter. (June 18, 1934, ch. 590, Sec. 8, 48 Stat. 1000.) |
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§ 81i. Cooperation of Board with other agencies
The Board shall cooperate with the State, subdivision, and municipality in which the zone is located in the exercise of their police, sanitary, and other powers in and in connection with the free zone. It shall also cooperate with the United States Customs Service, the United States Postal Service, the Public Health Service, the Immigration and Naturalization Service, and such other Federal agencies as have jurisdiction in ports of entry described in section 81b of this title. (Ex. Ord. No. 6166, Sec. 14, June 10, 1933; June 18, 1934, ch. 590, Sec. 9, 48 Stat. 1000; Aug. 12, 1970, Pub. L. 91-375, Sec. 4(a), 6(o), 84 Stat. 773, 783.)
"United States Postal Service" substituted in text for "Post Office Department" pursuant to Pub. L. 91-375, Sec. 4(a), 6(o), Aug. 12, 1970, 84 Stat. 773, 783, which are set out as notes preceding section 101 of Title 39, Postal Service, and under section 201 of Title 39, respectively, which abolished Post Office Department, transferred its functions to United States Postal Service, and provided that references in other laws to Post Office Department shall be considered a reference to United States Postal Service.
Functions of Public Health Service, Surgeon General of Public Health Service, and of all other
officers and employees of Public Health Service, and functions of all agencies of or in Public
Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3
of 1966, 31 F.R. 8855, 80 Stat. 1610, effective June 25, 1966, set out in the Appendix to Title
5, Government Organization and Employees. Secretary of Health, Education, and Welfare redesignated
Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88, title V, Oct. 17, 1979,
93 Stat. 695, which is classified to section 3508(b) of Title 20, Education.
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§ 81j. Cooperation of other agencies with Board
For the purpose of facilitating the investigations of the Board and its work in the granting of the privilege, in the establishment, operation, and maintenance of a zone, the President may direct the executive departments and other establishments of the Government to cooperate with the Board, and for such purpose each of the several departments and establishments is authorized, upon direction of the President, to furnish to the Board such records, papers, and information in their possession as may be required by him, and temporarily to detail to the service of the Board such officers, experts, or engineers as may be necessary. (June 18, 1934, ch. 590, Sec. 10, 48 Stat. 1001.) |
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§ 81k. Agreements as to use of property
If the title to or right of user of any of the property to be included in a zone is in the United States, an agreement to use such property for zone purposes may be entered into between the grantee and the department or officer of the United States having control of the same, under such conditions, approved by the Board and such department or officer, as may be agreed upon. (June 18, 1934, ch. 590, Sec. 11, 48 Stat. 1001.) |
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§ 81l. Facilities to be provided and maintained
Each grantee shall provide and maintain in connection with the zone -
(June 18, 1934, ch. 590, Sec. 12, 48 Stat. 1001.) |
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§ 81m. Permission to others to use zone
The grantee may, with the approval of the Board, and under reasonable and uniform regulations for like conditions and circumstances to be prescribed by it, permit other persons, firms, corporations, or associations to erect such buildings and other structures within the zone as will meet their particular requirements: Provided, That such permission shall not constitute a vested right as against the United States, nor interfere with the regulation of the grantee or the permittee by the United States, nor interfere with or complicate the revocation of the grant by the United States: And provided further, That in the event of the United States or the grantee desiring to acquire the property of the permittee no good will shall be considered as accruing from the privilege granted to the zone: And provided further, That such permits shall not be granted on terms that conflict with the public use of the zone as set forth in this chapter. (June 18, 1934, ch. 590, Sec. 13, 48 Stat. 1001.) |
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§ 81n. Operation of zone as public utility; cost of customs service
Each zone shall be operated as a public utility, and all rates and charges for all services or privileges within the zone shall be fair and reasonable, and the grantee shall afford to all who may apply for the use of the zone and its facilities and appurtenances uniform treatment under like conditions, subject to such treaties or commercial conventions as are now in force or may hereafter be made from time to time by the United States with foreign governments and the cost of maintaining the additional customs service required under this chapter shall be paid by the operator of the zone. (June 18, 1934, ch. 590, Sec. 14, 48 Stat. 1001.) |
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§ 81o. Residents of zone
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§ 81p. Accounts and recordkeeping
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§ 81q. Transfer of grant
The grant shall not be sold, conveyed, transferred, set over, or assigned. (June 18, 1934, ch. 590, Sec. 17, 48 Stat. 1002.) |
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§ 81r. Revocation of grants
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§ 81s. Offenses
In case of a violation of this chapter, or any regulation under this chapter, by the grantee, any officer, agent or employee thereof responsible for or permitting any such violation shall be subject to a fine of not more than $1,000. Each day during which a violation continues shall constitute a separate offense. (June 18, 1934, ch. 590, Sec. 19, 48 Stat. 1003.) |
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§ 81t. Separability
If any provision of this chapter or the application of such provision to certain circumstances be held invalid, the remainder of this chapter and the application of such provisions to circumstances other than those as to which it is held invalid shall not be affected thereby. (June 18, 1934, ch. 590, Sec. 20, 48 Stat. 1003.) |
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§ 81u. Right to alter, amend, or repeal chapter
The right to alter, amend, or repeal this chapter is reserved. (June 18, 1934, ch. 590, Sec. 21, 48 Stat. 1003.) |