OMB
Control No. 0625-0139
General-Purpose Zone Application Instruction Sheet (1) |
This collection of information contains Paperwork Reduction Act (PRA) requirements approved by the Office of Management and Budget (OMB). Notwithstanding any other provision of law, no person is required to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA unless that collection of information displays a currently valid OMB control number. Public reporting burden for this collection of information is estimated to vary from 34 to 148 hours per response (average 90 hours), including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Persons wishing to comment on the burden estimate or any aspect of this collection of information, or offer suggestions for reducing this burden, should send their comments to the ITA Reports Clearance Officer, International Trade Administration, U.S. Department of Commerce, 14th and Constitution Avenue, NW, Washington, DC 20230.
No
zone, subzone, or zone expansion may be granted unless a
completed application has been received (19 U.S.C. 81a-81u; 15
CFR Part 400).
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OVERVIEW
The U.S. Foreign Trade Zone’s Program was founded through the FTZ Act of 1934 and intends to encourage foreign commerce in the United States by allowing special customs-related benefits to businesses locating their international operations in a U.S. FTZ. The program is administered by the Foreign-Trade Zones Board. The FTZ Board and its staff are responsible for licensing and monitoring FTZs across the fifty United States and Puerto Rico, and granting authority to local organizations (usually public) to establish and operate zones in their communities. These grants of authority are obtained through an application to the FTZ Board. If the application is approved, the organization is referred to as the ‘grantee’ of the newly established zone. Operations within the zone would then be overseen by the local U.S. Customs and Border Protection (CBP) office. Any company seeking to “operate” in the zone must first obtain ‘activation’ approval from CBP. The following application format is the first step in the process to request establishment of a new FTZ.
Organizations submitting applications must be qualified to apply for a zone grant of authority under state laws. Applicants are usually state, county or public organizations such as Port Authorities or economic development agencies. All zones must be operated as a ‘public utility’ with equal access provided to all potential use at fair and reasonable rates.
Under the FTZ Board’s regulations, FTZ sites must be in or ‘adjacent’ to a CBP port of entry, meaning that each site associated with the zone must be no more than 60 miles/90 minutes’ driving time of the outer limits of a CBP Port of Entry. Each CBP port of entry is entitled to a zone project. Those proposing a FTZ for a CBP Port of Entry already served by a zone(s) must justify why an additional zone is needed to meet the ‘convenience of commerce.’
In applying to establish a proposed FTZ or ‘zone project,’ the applicant has two options in terms of the ‘framework’ under which the zone will operate:
The Traditional Site Framework is designed to serve zone projects that are focused on attracting FTZ activities to a limited number of fixed FTZ sites that serve multiple users such as port districts or industrial parks.
The Alternative Site Framework (ASF) is designed to serve zone projects that want the flexibility to both attract users/operators to certain fixed sites and but also want the flexibility to serve companies at other locations where the demand for FTZ services arises in the future.
FTZs under the Alternative Site Framework are based on a ‘service area’. The service area is a defined as one or more jurisdictions (often counties) within which the grantee will be able to propose zone sites. Under the ASF, a zone can establish a limited number of multi-user sites across its service area. These ‘Magnet’ sites are akin to sites under the traditional framework and are intended to attract users to a single fixed location, generally in a business park or a port facility. In addition to Magnet sites, the ASF allows grantees to establish additional sites geared towards specific companies. These ‘Usage-Driven’ sites enable grantees to locate zone designation where companies’ needs actually arise. By bringing zone designation to firms, Usage-Driven sites help grantees respond to growth opportunities in the local economy and diminish the need to try to anticipate where future activity may occur. Usage-Drive sites under the ASF can be added, removed, or modified using a quick and simple minor action rather than the full reorganization/expansion application that is required under the Traditional Site Framework.
THINGS TO CONSIDER BEFORE YOU APPLY
Is your CBP port entry currently served by a zone project?
If your CBP port of entry is already served by one or more zone grantees, the FTZ Act requires you (the applicant) to demonstrate why the existing zone(s) “will not adequately serve the convenience of commerce” (that is, is unable to meet FTZ-related needs).
What type of organization is proposing to act as Grantee?
Public or quasi-public organizations tend to be the best suited to run FTZ projects since administration of a FTZ has a core goal of serving the public interest. Any grantee must operate its zone as a public utility with fair, reasonable fees and uniform treatment provide to all users. An organization tasked with economic development is in an ideal position to gauge if and how a FTZ might fit into its community’s’ overall economic development strategy, a point which any applicants need to address in its application to establish a new FTZ.
Does the organization have the resources to operate a FTZ?
Administration of a foreign trade zone demands staff time and financial resources for management and marketing. The core Grantee responsibility is ensuring that that the zone provides uniform treatment and fair and reasonable rates to all potential users. Other basic Grantee responsibilities include maintaining required documents (such as all correspondence to and from the FTZ Board), establishing and maintaining a ‘zone schedule’ of rates and policies, and maintaining communication with the FTZ’s operators. A Grantee must also coordinate and collect data to fulfill annual reporting requirements established in the FTZ Act. Potential applicants should identify which position or office in their organization is best suited to manage a FTZ before they begin the application process.
Is there current or potential demand for zone services?
The resources and time spent on zone administration is only offset when a zone realizes actual use. Therefore the decision to apply for and administer a zone should be carefully considered and balanced against the likelihood of actual use. For instance, are their local industries that currently trade internationally or are preparing to do so in the near future? Has the applicant organization surveyed the business community or otherwise gauged demand for such services?
TSF Application Format – see pages 5-6
ASF Application Format – see pages 7-16
TSF APPLICATION FORMAT |
Letter
of transmittal should be currently dated and signed by an
authorized officer of the corporation and bear a corporate seal.
Exhibit 1 - Legal Authority to Apply
Exhibit 3 - Operation and Financing
Exhibit 4 - Economic Justification
Exhibit 5 - Maps
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ASF APPLICATION FORMAT
INSTRUCTIONS
The application format is divided in three parts. Part I is intended to provide the FTZ Board with general information on the structure and organization of the proposed zone project. In this section, the applicant will establish its legal authority to apply, justify the proposed project in terms of economic need and viability, and define the structure and jurisdiction of the proposed project. In Part II, the applicant will justify on a site-by-site basis the need for proposed Magnet sites. In Part III, the applicant will justify on a site-by-site basis the need for any proposed usage-driven sites. Part III may be omitted from the application if there are no Usage-Driven sites proposed at the time of the application.
The application format consists of a series of questions to answer. (For ease of use, each section is provided as a MS Word document.) Please provide your response directly below each question listed in the application format (leave the question - including its identifying number or letter - in place). For all responses, the burden of proof is on the applicant.
In addition to written responses to questions, the application format requests a series of documents to be provided in attachments. Required attachments for Part I include the Legal Authority to Apply, Support from Local Jurisdictions, Support from Local Organizations, and a General Maps section. For Parts II and III (which must be completed separately for each proposed Magnet site and Usage-Driven site, respectively), required attachments include a legal description for the site, a street map outlining the proposed site boundaries in red, a detailed site plan, documentation of the right to use the site, and (if applicable) correspondence from affected parties where taxes on business inventories or real property are present. Part II also requires attaching letters of interest from firms considered prime prospects for use of the particular site.
Major steps in assembling your application will include:
Establish Legal Authority to make an application to the FTZ Board
Legal Authority is demonstrated through the presentation of several documents:
Certified copy of state legislation: You should submit either 1) a copy certified by an appropriate state official or 2) a copy printed from the web site that is the state’s official source for such information. For the latter option, the grantee must then state (in the application letter or in a separate document signed by a grantee official, if desired) that the copy provided is of the current version of the relevant legislation at the time of the application’s submission to the FTZ Board. Any research necessary to support such a statement is the responsibility of the grantee.
A copy of Grantee’s charter: You should submit a copy of the sections of the grantee's organization papers that are pertinent to FTZs.
Certified copy of grantee resolution: You should submit a certified copy of a resolution authorizing the grantee official to sign the application letter. The resolution must be certified by an official of the grantee organization who is in an appropriate position of responsibility to make such a certification.
Justify economic need for the proposed FTZ documenting support from local organizations
Applicants will need to describe the characteristics of the local economy and cite evidence of the need for availability of FTZ procedures. Letters of support from local organizations, including businesses and other private sector organizations, should be included in an attachment. See “Economic Justification” section of application format for specific information required.
Define the Service Area and document support from legal jurisdictions
Within the regulatory adjacency limits (see below), applicants are advised to engage local jurisdictions that be included with the zone’s service area. For each jurisdiction proposed for inclusion in the service area, the application also must include evidence of either 1) support from the jurisdiction or 2) notification to the jurisdictions using the standard language established by the FTZ Board. Our staff can provide the standard letter formats upon request.
Adjacency Requirement: The FTZ Act and Regulations require each zone site to be within or adjacent to a U.S. Customs and Border Protection (CBP) port of entry (as listed and defined in the CBP regulations – 19 CFR Part 101). That requirement can be satisfied if the zone site is: 1) within the limits of a CBP port of entry or 2) within 60 statute miles or within 90 minutes' driving time from the outer limits of the boundaries of a CBP port of entry, as verified by the CBP port director. The entirety of a proposed service area must meet the adjacency requirement.
Describe the criteria for site selection and indicate specific sites
For selection of Magnet sites, applicants must describe the criteria used for site selection, which should be consistent with the economic development goals of the community. Each proposed site should be selected through the application of those criteria.
Site Numbering: Use numbers sequentially to identify each new Magnet or Usage-Driven site starting with 1 followed by 2 and so on.
Sites versus Parcels: A "site" is comprised of one or more parcels of land that share an identity (for example: parcels that are within a single industrial park or port/airport complex). If parcels do not share an identity, then they must be treated as separate sites. Note that all FTZ sites must match this definition in order to be entered into the CBP Automated Commercial Environment computer system currently under development.
Local Tax Exemptions: A small number of states (such as TX, KY, AZ) and Puerto Rico assess taxes on business inventories. The FTZ Act allows states to exempt merchandise in international commerce from such taxes in FTZs. If your state has a tax for which collections will be affected by your FTZ proposal, you must attach to your application: 1) documentation that explains the specific local taxes that will be affected and 2) for each site in your proposal, correspondence from the affected parties (such as a local school board) indicating their concurrence or non-objection to the proposed FTZ designation.
If you have questions on any aspect of the application process, do not hesitate to contact the FTZ Staff at (202) 482-2862.
Submission of Draft Application: Applicants are advised to submit a complete draft of the application. Complete draft applications can be submitted via e-mail (ftz@trade.gov). We are only able to review complete drafts, which means drafts that – at most – lack only the grantee’s resolution and application letter.
Format of Final Version of Application: Hard copies of the final version of your application can be stapled or - if the application is too thick to be stapled - submitted in a three-ring binder (not spiral-bound). Use of a three-ring binder greatly facilitates replacement of pages, when necessary.
Number of Copies: Please submit one original and three paper copies of the application plus an electronic copy (Adobe PDF format preferred). If you cannot submit a PDF-format copy, you may submit a MS Word-format copy. Note that, in either case, the electronic copy must include color maps and scans of the signed versions of all letters. If you have any questions, please contact Elizabeth Whiteman at elizabeth.whiteman@trade.gov or (202) 482-0473.
Filing
Fees: The FTZ Regulations dictate that each CBP port of entry is
entitled to a zone project. No fee applies to an application to
establish the first FTZ project in a given CBP port of entry and
adjacent area. If the proposed project is in or adjacent to a port
of entry already served by a foreign-trade zone, a $3,200 filing fee
is applicable. Your currently dated check should be made payable to
"U.S. Department of Commerce ITA."
PART I: GENERAL INFORMATION ON THE PROPOSED FTZ
Application Letter with Executive Summary
The core of the application is a letter from the grantee that summarizes the application and transmits the full application (in this format with attachments) to the FTZ Board. The letter must be currently dated and signed by an authorized officer of the grantee corporation (see Legal Authority for the application).
The letter should summarize:
That you are applying to establish a new General Purpose Foreign-Trade Zone
The type of corporation making the application
Legal authority of the proposed Grantee to make the application
The project background (i.e. how your organization determined that there is a need for FTZ services)
The CBP Port of Entry and how the proposed zone meets the adjacency requirement
The proposed ASF zone structure including a description of the service area and zone sites and facilities
How the proposed sites would meet a demonstrated need for FTZ services
Relationship of zone project to the community’s economic development plans
Plans for operating and financing the zone (as applicable)
Grantee Structure and Legal Authority
Legal Authority for Application
In Attachment I please provide:
A certified copy of the state enabling legislation regarding FTZs
The sections of the grantee’s charter (or organization papers) that are pertinent to FTZs
A certified copy of a resolution authorizing the grantee official to sign the application letter. The resolution should indicate the nature of the application. For Non-public corporations, include evidence of the corporation’s current legal standing.
Discuss the nature of the grantee organization (public or private; non-profit or for-profit). Summarize what you foresee as the operating structure of the zone and discuss the financing plan (as applicable).
Economic Justification
Describe the economic profile of the community and discuss the following:
Dominant sectors in terms of percentage of employment/income
Area resources including port facilities and transportation networks
Strengths and weaknesses of the local economy as well as economic imbalances and unemployment rates
Current and projected levels of foreign trade
Describe the community’s economic goals, objectives, and plans explaining the role the proposed zone project will play in the community’s overall economic development strategy.
State the anticipated economic impact of the proposed zone project.
Describe the need for zone services in your community citing evidence of a general (community) economic development need as well as specific (business / industry) needs (include letters from local organizations expressing support for the zone project in attachment II).
Zone Structure and Project Description
Indicate the CBP port of entry for the proposed zone. If that CBP port of entry is already served by one or more foreign-trade zone(s), explain why the existing zone will not adequately serve the needs of potential users. Cite evidence to support all assertions.
Describe the counties or other distinguishable legal jurisdictions that make up the service area. Provide letters from local jurisdictions in Attachment III using the standard format for service area letters provided at: http://ia.ita.doc.gov/ftzpage/majorexp.html.
In a "General Map(s)" attachment (Attachment IV),
Provide a map of the proposed service area with proposed boundaries outlined in red.
Provide one or more maps showing: the proposed sites in a regional context. The original application may contain full-sized maps, all copies must contain legible, letter-sized (8 1/2" X 11") reductions.
Describe in detail the grantee's process for selecting each site for which Magnet designation is proposed. Discuss the criteria applied in that process and how those criteria relate to the local economic development plans (Question 5 in Part One of the application format had asked for detail on those plans). Indicate the public entities involved in the site-selection process, note their meetings and documents related to the site-selection process.
Using the table provided below, outline your zone project describing the number of sites, which county or other legal jurisdiction (which must correspond to the county or legal jurisdictions listed for question 9) they are located within and what designation (Magnet or usage-driven) they would hold.
Site Type (Magnet/ Usage) |
Site # |
County / Legal Jurisdiction |
Name of Site and Address |
Acreage within site boundaries |
Magnet |
X |
Adams County |
Acme Industrial Park 1234 S. Main Street Townville, PA 50000 |
300 |
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1 |
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2 |
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3 |
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4 |
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5 |
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6 |
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7 |
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8 |
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9 |
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The default sunset period for each designated Magnet site in a zone is five years. A proposed grantee is allowed to request a waiver of the sunset limit for one Magnet site. If you would like to request a waiver of the sunset limit for one of your Magnet sites, indicate the site number and describe in detail why this site was chosen for the waiver request. Key considerations would be the publicly owned nature of a site and public processes leading to the site’s selection.
If you believe that a sunset period of longer than five years is justified for one or more specific Magnet sites, provide separately for each such site a detailed description of the specific circumstances that you believe justify a sunset period of longer than five years for the site in question.
CBP Automated Systems Requirements: For the proposed new sites, do you commit to working with Customs and Border Protection, as appropriate, to meet current and future CBP automated-systems requirements (such as ACS or ACE)?
Please state that the applicant is aware that FTZ status would not exempt any site or party (e.g. operators or users) from any Federal, state or local environmental requirements.
General Attachments
Legal Authority to Apply (see Question 2)
Support from Local Organizations (see Question 7)
Support from Local Jurisdictions (see Question 9)
General Maps (see Question 10)
PART II: MAGNET SITE JUSTIFICATION
This section should be filled out separately for each site. Attach any documents needed for Questions M17 through M20 (and M21, if applicable) directly behind the copy of this section for each site.
Indicate the site's distinct identifying number: _________. This number should tie to your site table in Part One of the application. Be sure that the site’s identifying number complies with the instructions provided in the separate “How to Prepare Your Application” document.
List the site's street address, including city/town.:
List the total acreage within the proposed site's boundaries: __________.
Indicate the closest CBP port of entry:
Is the site within the boundaries of the CBP port of entry?
If not, indicate how many miles the site is from the outer limits of the CBP port of entry:
If the site is beyond 60 miles, provide the driving time from the outer limits of the port of entry to the site:
Briefly describe how this site met the grantee's site selection criteria (which you described in your answer to Question # 11 in Part One of the application format).
Explain in detail why this site is needed to provide FTZ services to your community:
Is FTZ status a precondition for construction or activity at this site?
Will the use of FTZ Procedures significantly change the physical aspects of the site or proposed operations?
Indicate the type of site (port, industrial park, warehouse complex) and its current zoning. (Note: Sites with inappropriate zoning - such as agricultural, retail, or residential - should not be included in a FTZ application.)
For the proposed site, describe the existing and planned buildings (including functions and square footage), existing and planned activities, whether the site is master planned, stage of development/timetable for completion of plans, and status of any applications for construction approvals and timeline for CBP activation:
List the companies that currently occupy the site:
Will space at the site be available to multiple businesses at the site under public utility principles (under uniform rates and conditions)? Explain.
Briefly describe the transportation infrastructure serving the site, including its ties to the broader regional/national transportation system:
Briefly describe the physical security measures that will be used for the proposed site:
Who owns the site? (If the proposed grantee does not own the site, provide a "Site Ownership" attachment with documentation demonstrating your right to use the site.)
Would assessment of any state (or commonwealth) or local tax on business inventories or real property be potentially affected by FTZ designation for the site? If yes, explain the specific local taxes that will be affected and attach the documentation delineated in Question M21 below.
Attach each of the documents listed below (items M17 through M20, plus M21 where applicable).
The appropriate legal description for the site with label tying the description to the site number.
A detailed street map with the entire FTZ site's proposed boundaries in red. The original application may contain a full-sized map, all copies must contain legible, letter-sized (8 1/2" X 11") reductions.
A detailed site plan (survey/drawing) showing existing structures and the entire site’s boundaries outlined in red with dimensions. The original application may contain a full-sized site plan, all copies must contain legible, letter-sized (8 1/2" X 11") reductions.
Letters of interest from firms considered prime prospects for use of this particular site.
If you answered Yes to Question M16 above, attach correspondence from the affected parties (such as a local school board) indicating their views on the impact of the proposed FTZ designation for the site in question.
PART III: USAGE-DRIVEN SITE JUSTIFICATION (If Applicable)
This section should be filled out separately for each proposed Usage-Driven site in a manner consistent with the instructions above. Attach any documents needed for Items U10 and U11 (and U12, if applicable) directly behind the copy of this section for each site.
Indicate the distinct identifying number to apply to the site: _________. This number should tie to your site table in Part One of the application. Be sure that the site’s identifying number complies with the instructions provided in the separate “How to Prepare Your Application” document.
List the site's address, including city/town.
List the site's proposed acreage __________.
Indicate the company that intends to use the site, describe the planned activities, and explain why the entirety of the proposed site is required for the company’s planned activities.
Describe the type of site (for example, portion of an industrial park or warehouse within a business district), the site’s current zoning, existing and planned buildings and the status of any applications for construction approvals. (Note: Sites with inappropriate zoning – such as agricultural, retail, or residential – are not eligible for FTZ status.)
Indicate the closest CBP port of entry:
Is the site within the boundaries of the CBP port of entry?
If not, indicate how many miles the site is from the outer limits of the CBP port of entry:
If the site is beyond 60 miles, provide the driving time from the outer limits of the port of entry to the site:
Briefly describe the physical security measures that will be used for the proposed site.
Who owns the site? (If the proposed grantee or the company planning to use the site does not own it, provide a "Site Ownership" attachment with documentation demonstrating the right to use the site.)
Would assessment of any state (or commonwealth) or local tax on business inventories or real property be potentially affected by FTZ designation for the site? If yes, explain the specific local taxes that will be affected and attach the documentation delineated in Question U12 below.
Attach the documents listed below (items U10 and U11, plus U12 where applicable). Note that if the legal description for a site encompasses a larger area than that site, your maps for the site must show sufficient detail to enable the FTZ Board and your local CBP port officials to understand the exact boundaries of the proposed site.
The appropriate legal description (with label tying the description to the site number).
A detailed site plan (survey/drawing) showing existing structures and site boundaries in red with dimensions. Note that if streets or similar landmarks are not identifiable on the site plan, you will also need to provide a detailed street map with the proposed site's boundaries in red. Any site plan or map should be no larger than letter-sized (8 1/2" X 11").
If you answered Yes to Question U9 above, attach correspondence from the affected parties (such as a local school board) indicating their views on the impact of the proposed FTZ designation for the site in question.
File Type | application/msword |
Author | Christopher Kemp |
Last Modified By | Christopher Kemp |
File Modified | 2011-09-14 |
File Created | 2011-09-14 |