dreamproit/uscode huggingface dataset:
19 U.S.C. § 81a (CUSTOMS DUTIES)
§ 81a. Definitions
When used in this chapter—
(a) The term “Secretary” means the Secretary of Commerce;
(b) The term “Board” means the Board which is established to carry out the provisions of this chapter. The Board shall consist of the Secretary of Commerce, who shall be chairman and executive officer of the Board, and the Secretary of the Treasury;
(c) The term “State” includes any State, the District of Columbia, and Puerto Rico;
(d) The term “corporation” means a public corporation and a private corporation, as defined in this chapter;
(e) The term “public corporation” means a 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;
(f) The term “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 special Act enacted after June 18, 1934, of the State or States within which it is to operate such zone;
(g) The term “applicant” means a corporation applying for the right to establish, operate, and maintain a foreign-trade zone;
(h) The term “grantee” means a corporation to which the privilege of establishing, operating, and maintaining a foreign-trade zone has been granted;
(i) The term “zone” means a “foreign-trade zone” as provided in this chapter.
(June 18, 1934, ch. 590, § 1, 48 Stat. 998; Pub. L. 104–201, div. A, title IX, § 910, Sept. 23, 1996, 110 Stat. 2621.)
heading: Amendments
text: 1996—Subsec. (b). Pub. L. 104–201, § 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, § 910(2), struck out “Alaska, Hawaii,” after “Columbia,”.
heading: Short Title
text: This chapter is popularly known as the “Foreign Trade Zones Act”.
heading: Floor Stocks Tax Treatment of Articles in Foreign Trade Zones
text: 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.
19 U.S.C. § 81b (CUSTOMS DUTIES)
§ 81b. Establishment of zones
(a) Board authorization to grant zones
The Board is authorized, subject to the conditions and restrictions of this chapter and of the rules and regulations made thereunder, upon application as hereinafter provided, to grant to corporations the privilege of establishing, operating, and maintaining foreign-trade zones in or adjacent to ports of entry under the jurisdiction of the United States.
(b) Number of zones per port of entry
Each port of entry shall be entitled to at least one zone, but when a port of entry is located within the confines of more than one State such port of entry shall be entitled to a zone in each of such States, and when two cities separated by water are embraced in one port of entry, a zone may be authorized in each of said cities or in territory adjacent thereto. Zones in addition to those to which a port of entry is entitled shall be authorized only if the Board finds that existing or authorized zones will not adequately serve the convenience of commerce.
(c) Preference to public corporations
In granting applications preference shall be given to public corporations.
(d) Ownership of harbor facilities by State
In case of any State in which harbor facilities of any port of entry are owned and controlled by the State and in which State harbor facilities of any other port of entry are owned and controlled by a municipality, the Board shall not grant an application by any public corporation for the establishment of any zone in such State, unless such application has been authorized by an Act of the legislature of such State (enacted after June 18, 1934).
(June 18, 1934, ch. 590, § 2, 48 Stat. 999.)
19 U.S.C. § 81d (CUSTOMS DUTIES)
§ 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.
(June 18, 1934, ch. 590, § 4, 48 Stat. 1000.)
heading: Transfer of Functions
text: 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, §§ 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.
19 U.S.C. § 81e (CUSTOMS DUTIES)
§ 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, § 5, 48 Stat. 1000.)
19 U.S.C. § 81f (CUSTOMS DUTIES)
§ 81f. Application for establishment and expansion of zone
(a) Application for establishment; requirements
Each application shall state in detail—
(1) The location and qualifications of the area in which it is proposed to establish a zone, showing (A) the land and water or land or water area or land area alone if the application is for its establishment in or adjacent to an interior port; (B) the means of segregation from customs territory; (C) the fitness of the area for a zone; and (D) the possibilities of expansion of the zone area;
(2) The facilities and appurtenances which it is proposed to provide and the preliminary plans and estimate of the cost thereof, and the existing facilities and appurtenances which it is proposed to utilize;
(3) The time within which the applicant proposes to commence and complete the construction of the zone and facilities and appurtenances;
(4) The methods proposed to finance the undertaking;
(5) Such other information as the Board may require.
(b) Amendment of application; expansion of zone
The Board may upon its own initiative or upon request permit the amendment of the application. Any expansion of the area of an established zone shall be made and approved in the same manner as an original application.
(June 18, 1934, ch. 590, § 6, 48 Stat. 1000.)
19 U.S.C. § 81g (CUSTOMS DUTIES)
§ 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, § 7, 48 Stat. 1000.)
19 U.S.C. § 81h (CUSTOMS DUTIES)
§ 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, § 8, 48 Stat. 1000.)
19 U.S.C. § 81j (CUSTOMS DUTIES)
§ 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, § 10, 48 Stat. 1001.)
19 U.S.C. § 81k (CUSTOMS DUTIES)
§ 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, § 11, 48 Stat. 1001.)
19 U.S.C. § 81l (CUSTOMS DUTIES)
§ 81l. Facilities to be provided and maintained
Each grantee shall provide and maintain in connection with the zone—
(a) Adequate slips, docks, wharves, warehouses, loading and unloading and mooring facilities where the zone is adjacent to water; or, in the case of an inland zone, adequate loading, unloading, and warehouse facilities;
(b) Adequate transportation connections with the surrounding territory and with all parts of the United States, so arranged as to permit of proper guarding and inspection for the protection of the revenue;
(c) Adequate facilities for coal or other fuel and for light and power;
(d) Adequate water and sewer mains;
(e) Adequate quarters and facilities for the officers and employees of the United States, State, and municipality whose duties may require their presence within the zone;
(f) Adequate enclosures to segregate the zone from customs territory for protection of the revenue, together with suitable provisions for ingress and egress of persons, conveyances, vessels, and merchandise;
(g) Such other facilities as may be required by the Board.
(June 18, 1934, ch. 590, § 12, 48 Stat. 1001.)
19 U.S.C. § 81m (CUSTOMS DUTIES)
§ 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, § 13, 48 Stat. 1001.)
19 U.S.C. § 81n (CUSTOMS DUTIES)
§ 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, § 14, 48 Stat. 1001.)
19 U.S.C. § 81o (CUSTOMS DUTIES)
§ 81o. Residents of zone
(a) Persons allowed to reside in zone
No person shall be allowed to reside within the zone except Federal, State, or municipal officers or agents whose resident presence is deemed necessary by the Board.
(b) Rules and regulations for employees entering and leaving zone
The Board shall prescribe rules and regulations regarding employees and other persons entering and leaving the zone. All rules and regulations concerning the protection of the revenue shall be approved by the Secretary of the Treasury.
(c) Exclusion from zone of goods or process of treatment
The Board may at any time order the exclusion from the zone of any goods or process of treatment that in its judgment is detrimental to the public interest, health, or safety.
(d) Retail trade within zone
No retail trade shall be conducted within the zone except under permits issued by the grantee and approved by the Board. Such permittees shall sell no goods except such domestic or duty-paid or duty-free goods as are brought into the zone from customs territory.
(e) Exemption from State and local ad valorem taxation of tangible personal property
Tangible personal property imported from outside the United States and held in a zone for the purpose of storage, sale, exhibition, repackaging, assembly, distribution, sorting, grading, cleaning, mixing, display, manufacturing, or processing, and tangible personal property produced in the United States and held in a zone for exportation, either in its original form or as altered by any of the above processes, shall be exempt from State and local ad valorem taxation.
(June 18, 1934, ch. 590, § 15, 48 Stat. 1002; Pub. L. 98–573, title II, § 231(b)(1), Oct. 30, 1984, 98 Stat. 2991.)
heading: Amendments
text: 1984—Subsec. (e). Pub. L. 98–573 added subsec. (e).
heading: Effective Date of 1984 Amendment
text: Pub. L. 98–573, title II, § 231(b)(2), Oct. 30, 1984, 98 Stat. 2991, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect on January 1, 1983.”
19 U.S.C. § 81p (CUSTOMS DUTIES)
§ 81p. Accounts and recordkeeping
(a) Manner of keeping accounts
The form and manner of keeping the accounts of each zone shall be prescribed by the Board.
(b) Annual report by grantee
Each grantee shall make to the Board annually, and at such other times as it may prescribe, reports on zone operations.
(c) Report to Congress
The Board shall make a report to Congress annually containing a summary of zone operations.
(June 18, 1934, ch. 590, § 16, 48 Stat. 1002; Pub. L. 96–609, title II, § 204, Dec. 28, 1980, 94 Stat. 3561; Pub. L. 99–386, title II, § 203(b), Aug. 22, 1986, 100 Stat. 823.)
heading: Amendments
text: 1986—Subsec. (b). Pub. L. 99–386, § 203(b)(1), substituted “reports on zone operations” for “reports containing a full statement of all the operations, receipts, and expenditures, and such other information as the Board may require”.
Subsec. (c). Pub. L. 99–386, § 203(b)(2), added subsec. (c) and struck out former subsec. (c) which required the Board to make an annual report to Congress containing a summary of the operation and fiscal condition of each zone, and transmit copies of the annual report of each grantee.
1980—Subsec. (c). Pub. L. 96–609 substituted “by April 1 of each year” for “on the first day of each regular session”.
19 U.S.C. § 81r (CUSTOMS DUTIES)
§ 81r. Revocation of grants
(a) Procedure for revocation
In the event of repeated willful violations of any of the provisions of this chapter by the grantee, the Board may revoke the grant after four months’ notice to the grantee and affording it an opportunity to be heard. The testimony taken before the Board shall be reduced to writing and filed in the records of the Board together with the decision reached thereon.
(b) Attendance of witnesses and production of evidence
In the conduct of any proceeding under this section for the revocation of a grant the Board may compel the attendance of witnesses and the giving of testimony and the production of documentary evidence, and for such purpose may invoke the aid of the district courts of the United States.
(c) Nature of order of revocation; appeal
An order under the provisions of this section revoking the grant issued by the Board shall be final and conclusive, unless within ninety days after its service the grantee appeals to the court of appeals for the circuit in which the zone is located by filing with the clerk of said court a written petition praying that the order of the Board be set aside. Such order shall be stayed pending the disposition of appellate proceedings by the court. The clerk of the court in which such a petition is filed shall immediately cause a copy thereof to be delivered to the Board and it shall thereupon file in the court the record in the proceedings held before it under this section, as provided in section 2112 of title 28. The testimony and evidence taken or submitted before the Board, duly certified and filed as a part of the record, shall be considered by the court as the evidence in the case.
(June 18, 1934, ch. 590, § 18, 48 Stat. 1002; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 85–791, § 11, Aug. 28, 1958, 72 Stat. 945.)
heading: Amendments
text: 1958—Subsec. (c). Pub. L. 85–791 substituted “thereupon file in the court” for “forthwith prepare, certify, and file in the court a full and accurate transcript of” and “as provided in section 2112 of title 28” for “the charges, the evidence, and the order revoking the grant” in third sentence.
heading: Change of Name
text: Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24, 1949, substituted “court of appeals” for “circuit court of appeals”.
19 U.S.C. § 81s (CUSTOMS DUTIES)
§ 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, § 19, 48 Stat. 1003.)
19 U.S.C. § 81t (CUSTOMS DUTIES)
§ 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, § 20, 48 Stat. 1003.)
19 U.S.C. § 91, 92 (CUSTOMS DUTIES)
§§ 91, 92. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 643
text: Section 91, act Sept. 8, 1916, ch. 463, § 700, 39 Stat. 795, related to organization of the Commission. See section 1330 of this title.
text: Section 92, act Sept. 8, 1916, § 701, 39 Stat. 795, related to general power and personnel of the Commission. See section 1331 of this title.
19 U.S.C. § 93 (CUSTOMS DUTIES)
§ 93. Repealed. June 17, 1930, ch. 497, title IV, § 651(a)(1), 46 Stat. 762
text: Section, act Sept. 21, 1922, ch. 356, title III, § 318d, 42 Stat. 947, related to establishment of an office at the port of New York. See section 1331 of this title.
19 U.S.C. § 94 (CUSTOMS DUTIES)
§ 94. Omitted
heading: Codification
text: Section, act July 19, 1919, ch. 24, 41 Stat. 182, providing that the disbursing clerk of the Treasury Department should act in a similar capacity for the Commission, was a proviso repeated in successive appropriation acts but which has not been repeated in recent years.
19 U.S.C. § 95 (CUSTOMS DUTIES)
§ 95. Repealed. June 17, 1930, ch. 497, title IV, § 651(a)(1), 46 Stat. 762
text: Section, act Sept. 21, 1922, ch. 356, title III, § 318(e), 42 Stat. 947, related to adoption of an official seal, and judicial notice thereof. See section 1331 of this title.
19 U.S.C. § 96 to 98 (CUSTOMS DUTIES)
§§ 96 to 98. Omitted
heading: Codification
text: Section 96, act Sept. 8, 1916, ch. 463, § 702, 39 Stat. 796, related to investigation of administration and fiscal and industrial effects of the customs laws. See section 1332(a) of this title.
Section 97, act Sept. 8, 1916, ch. 463, § 703, 39 Stat. 796, related to conveyance of information to committees of Congress. See section 1332(g) of this title.
Section 98, act Sept. 8, 1916, ch. 463, § 704, 39 Stat. 796, related to investigative powers of the Commission over commercial transactions and relations with foreign countries. See section 1332(b) of this title.
19 U.S.C. § 99 (CUSTOMS DUTIES)
§ 99. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 643
text: Section, act Sept. 8, 1916, ch. 463, § 705, 39 Stat. 796, related to transfer of certain employees to the Commission.
19 U.S.C. § 100 (CUSTOMS DUTIES)
§ 100. Omitted
heading: Codification
text: Section, act Sept. 8, 1916, ch. 463, § 706, 39 Stat. 797, as amended by act Sept. 21, 1922, ch. 356, title III, § 318(f), 42 Stat. 947, related to testimony and production of papers. See section 1333(a) to (e) of this title.
19 U.S.C. § 101 (CUSTOMS DUTIES)
§ 101. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 643
text: Section, act Sept. 8, 1916, ch. 463, § 707, 39 Stat. 797, related to cooperation by the Commission with other agencies. See section 1334 of this title.
19 U.S.C. § 102 to 104 (CUSTOMS DUTIES)
§§ 102 to 104. Repealed. June 17, 1930, ch. 497, title IV, § 651(a)(1), 46 Stat. 762
text: Section 102, act Sept. 21, 1922, ch. 356, title III, § 318(a), 42 Stat. 948, related to conveyance of conversion and production cost information to the President and Congress. See section 1332(d) of this title.
text: Section 103, act Sept. 21, 1922, ch. 356, title III, § 318(c), 42 Stat. 947, related to powers of the commission under title VII of the Revenue Act of 1916 and its power to require statements by importers and any American grower, producer, manufacturer, or seller as to their selling prices in the United States.
text: Section 104, act Sept. 21, 1922, ch. 356, title III, § 318(b), 42 Stat. 947, defined the terms “article” and “import costs”. See section 1332(e) of this title.
19 U.S.C. § 105 (CUSTOMS DUTIES)
§ 105. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 643
text: Section, act Sept. 8, 1916, ch. 463, § 708, 39 Stat. 798, related to unauthorized divulging of information and punishment for offenses.
19 U.S.C. § 106 (CUSTOMS DUTIES)
§ 106. Omitted
heading: Codification
text: Section, act Sept. 8, 1916, ch. 463, § 709, 39 Stat. 798, authorized an annual appropriation to defray the expenses of the Commission. Since the passage of the Tariff Act of June 17, 1930, ch. 497, 46 Stat. 590, appropriations for the Commission have been made in annual Executive Office appropriation bills.
19 U.S.C. § 107 (CUSTOMS DUTIES)
§ 107. Repealed. Oct. 10, 1940, ch. 851, § 4, 54 Stat. 1111
text: Section, act Feb. 20, 1929, ch. 270, 45 Stat. 1243 (repeated as a proviso in subsequent appropriations for the Commission), related to procurement of supplies and services. Act February 20, 1929, and the similar provisos in subsequent appropriation acts were repealed by act Oct. 10, 1940. A similar provision was enacted by act Oct. 10, 1940, as part of the consolidated exceptions to section 5 of former Title 41, Public Contracts. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.
19 U.S.C. § 121 (CUSTOMS DUTIES)
§ 121. Repealed. June 17, 1930, ch. 497, title IV, § 651(a)(1), 46 Stat. 762, eff. June 18, 1930
text: Section, act Sept. 21, 1922, ch. 356, title I, § 1, 42 Stat. 858, related to articles dutiable, rates and schedules. Corresponding provisions of Tariff Act of 1930, see section 1202 of this title.
19 U.S.C. § 122 (CUSTOMS DUTIES)
§ 122. Repealed. June 17, 1930, ch. 497, title IV, § 651(a)(1), 46 Stat. 762, eff. June 18, 1930
text: Section, act Sept. 21, 1922, ch. 356, title II, § 201, 42 Stat. 922, related to the free list. Corresponding provisions of Tariff Act of 1930, see section 1202 of this title.