Application for Minor Boundary Modification under Altern

Foreign-Trade Zone Applications

06250139 - ASF MBM New

Application for Minor Boundary Modifications under Alternative Site Framework (ASF) and Traditional Site Framework (TSF)

OMB: 0625-0139

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OMB Control No. 0625-0139
Expiration Date: XX/XX/XXXX


Application for Minor Boundary Modification Under Alternative Site Framework (ASF)

Instruction Sheet

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 average 3.5 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, zone expansion/reorganization/modification, or production authority may be approved unless a completed application/notification/request has been received (19 U.S.C. 81a-81u; 15 CFR Part 400). The Foreign-Trade Zones Board has no authority to finance zone projects. Its approval is in the form of a grant of authority (license) for operating a facility under foreign-trade zone procedures. The basic requirements for foreign-trade zone applications are found in the regulations of the Foreign-Trade Zones Board (15 CFR Part 400), including Sections 400.21 through 400.25. Application formats are available on the FTZ Board web site: http://www.trade.gov/ftz.


Corporations submitting applications must be qualified to apply under the laws of the state in which the zone is to be located. Applicants may submit drafts of their applications to the FTZ Staff, which can provide comments and technical assistance in interpreting the Board's regulations.


Applicants should note that conduct of their proposed activity under FTZ procedures would result in an additional, ongoing information-collection burden associated with the Annual Report from Foreign-Trade Zones

(OMB Control No. 0625-0109).


FTZ Staff



Foreign-Trade Zones Board

U.S. Department of Commerce

1401 Constitution Avenue, N.W., Room 21015

Washington, D.C. 20230

(202) 482-2862




Alternative Site Framework

APPLICATION FOR MINOR BOUNDARY MODIFICATION


NOTE: This format is only for a Minor Boundary Modification (MBM) to propose a “Subzone” (or “Usage-Driven” site) under the FTZ Board’s optional Alternative Site Framework (ASF).


INSTRUCTIONS


General: This format consists of a small number of questions to answer and, for ease of use, is provided as a MS Word document. The actual submitted request may take the form of a letter from the grantee requesting approval and answering each question listed below. Alternatively, the request may include a separate document answering the questions below as long as it includes a cover letter from the grantee identifying the specific MBM for which it is requesting approval. Leave each question in place (including its number) and provide your response directly below each question.


Subzone or (Usage-Driven) Designation. Under the FTZ Board’s regulations (§400.24(c)), a grantee can request designation of a site(s) as a subzone that qualifies for usage-driven status, where warranted by the circumstances and so long as the subzone activity remains subject to the activation limit for the zone in question. As with usage-driven sites, subzone sites designated under this process will be subject to the standard three-year sunset provision.


Sites versus Parcels: A "site" is composed of one or more generally contiguous parcels of land organized and functioning as an integrated unit, such as all or part of an industrial park or airport facility. If parcels do not share an identity, then they must be treated as separate sites.


Submitted Request Must Be Complete: Submitted MBM requests must be complete – with the sole allowable exception of any comments from CBP, if necessary. Incomplete submitted requests or documents submitted separately will be returned to the sender. The FTZ Staff cannot assemble complete requests from individual elements submitted separately.


Number of Copies: Please submit the original and one electronic copy of the complete request (Adobe PDF format preferred). If you cannot submit a PDF-format copy, you may submit a MS Word-format copy. The electronic copy must have all pages in black and white (including scans of the signed versions of all letters) except for maps, which must be in color.


TIMING: Submitted MBM requests will normally be processed within 30 days of the FTZ Staff having received a complete request. Timing will also depend on receipt of CBP’s comments on the request.

Alternative Site Framework

REQUEST FOR MINOR BOUNDARY MODIFICATION


QUESTIONS

  1. Are you requesting “Subzone” or “Usage-Driven” designation for the proposed site(s)? Please indicate: Subzone Usage-Driven



  1. List the address of the site(s), including the jurisdiction in which the site falls (town, city).



  1. Explain how the proposed site(s) is within the grantee’s approved ASF service area.



  1. State the proposed acreage of the site(s) ______.



  1. Indicate the company for which the site(s) will be designated.



  1. Provide a summary of the company’s planned activities.



  1. Indicate the current zoning and the existing and planned buildings (including square footage) for the site(s). (Note: Sites (or areas within a site) with inappropriate zoning – such as agricultural, retail, or residential – are not eligible for FTZ status and should not be proposed in any MBM request.)



  1. Confirm that FTZ designation or the use of FTZ procedures is not a requirement or a precondition for future activity or construction at the site(s).



  1. List the owner(s). (If a site(s) is not owned by the grantee or the company planning to use the site(s) – as named in response to Question 5 above – then provide a "Site Ownership" attachment with documentation demonstrating the right to use the site. Such evidence could be a signed letter from the proposed operator on its letterhead attesting to its right to use the property or a letter of concurrence from the owner of the new site.)



ATTACHMENTS

Attach the documents listed below (Items 10 and 11, plus Item 12 if applicable) directly behind the text of your request.


  1. A clear and detailed site map showing existing and planned structures. The site boundaries must be outlined clearly in red. Note that if streets or similar landmarks are not legible on the sitemap, you will also need to provide a detailed street map with the proposed site's boundaries in red. Any map should be no larger than letter-sized (8 1/2” x 11”) and clearly labeled, with legends provided for any markings.



  1. Comments from U.S. Customs and Border Protection (CBP): The grantee generally should provide comments from CBP with the submitted request. Alternatively, the grantee may provide a copy of the request to CBP at the time the request is submitted to the FTZ Board, in which case the grantee should also communicate with CBP regarding the 20-day timeframe in the FTZ Board’s regulations for CBP to provide comments to the FTZ Board.



  1. If your state (such as TX, KY, AZ) has one or more taxes for which collections will be affected by the proposed FTZ designation of the new site:

  • attach an explanation of the specific local taxes that will be affected; and,

  • attach correspondence from all affected parties (such as a local school board) indicating their concurrence (or non-objection) regarding the proposed FTZ designation.


File Typeapplication/msword
AuthorChristopher Kemp
Last Modified Bygbanks
File Modified2013-01-07
File Created2013-01-07

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