Most Provisions of Revised FTZ Regulations Effective April 30
The Foreign Trade Zones Board posted a reminder that its final rule amending the Foreign Trade Zone regulations is effective April 30, 2012. Specifically, certain changes to application procedures, such as the FTZB’s new production notification procedure, submission of a “pre-docketing” copy of all applications, and its accelerated timeline for approval of the subzone application process, among other things, will be effective April 30. The FTZB says that while forms for production notifications and subzone applications are in review by the Office of Management and Budget, applications should be submitted using the pre-existing format, but only certain questions need to be answered.
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(The FTZB issued a final rule on February 28, 2012, amending the Foreign Trade Zone Regulations at 15 CFR Part 400. Key revisions in the final rule pertain to activities in and procedures for zones in which an imported component is combined with one or more other components to create a different finished product, and expedited access to FTZ benefits for U.S. manufacturers. While the final rule is effective April 30, 2012, sections 400.21-400.23 (Application to establish a zone, Notification for production authority, and Application for production authority, respectively), 400.25 (Application for subzone designation) and 400.43(f) (certain waivers regarding uniform treatment), which contain information collection requirements that have not yet been submitted for OMB review, will be effective later. In addition, the final rule has certain sections (e.g., regarding public utility, uniform treatment, and zone schedules) where compliance must occur no later than two years after the publication date of the final rule.)
Until OMB Approval, Existing Application Formats to Be Used for Production Notifications, Subzone Applications
FTZB says that, until new formats are approved by the Office of Management and Budget, the existing manufacturing application format should be used for a production notification, but only certain questions need to be answered. More detailed information is available here.
Similarly, until new formats are approved by the Office of Management and Budget, subzone applications should be submitted using the pre-existing format for minor boundary modifications under the traditional site framework, but only certain questions need to be answered. More detailed information available here.
(See ITT's Online Archives 12022903 (Part 1), 12030109 (Part 2), 12030212 (Part 3), and 12030507 (Part 4) for detailed four-part summary of the FTZB's February 28, 2012 final rule.)