Application for Subzone

OMB Control No. 0625-0139
Expiration Date: 07/31/2028

Application for Subzone Designation

(Traditional Site Framework or Outside Alternative Site Framework Service Areas)

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, 14^th and Constitution Avenue, NW, Washington, DC 20230.

No zone, subzone, zone expansion/reorganization/modification, or production authority may be approved unless a completed application 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.

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, who can provide comments and technical assistance in interpreting the Board's regulations.

Applicants should note that conduct of their proposed activity under FTZ procedures includes an additional, ongoing information-collection burden associated with the Annual Report from Foreign-Trade Zones (OMB Control No. 0625-0109).

FTZ Staff

March 2013

Foreign-Trade Zones Board
U.S. Department of Commerce
1401 Constitution Avenue, N.W., Room 21013
Washington, D.C. 20230
(202) 482-2862

APPLICATION FOR SUBZONE DESIGNATION

(Traditional Site Framework or Outside Alternative Site Framework Service Areas)

NOTE: This format is only for requesting or expanding a “Subzone” for Traditional Site Framework (TSF) FTZs or for a location outside a “Service Area” under the Alternative Site Framework (ASF). For Subzone designation within an ASF Service Area, there is a separate, simpler format (ASF Minor Boundary Modification).

INSTRUCTIONS

General: The request should include a cover letter from the grantee identifying the specific company for which it is requesting a subzone and a document answering the questions using the template below. Leave the language of each question in place (including its number) and provide your response directly below each question.

Sites versus Parcels: A "site" is comprised 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 meet that definition, they must be treated as separate sites.

Submitted Request Must Be Complete: The FTZ Staff cannot process submitted subzone applications that do not meet each of the requirements delineated in the FTZ Board’s regulations. Requests must be submitted as a single document; the FTZ Staff cannot assemble applications from individual documents submitted separately.

Submission of Completed Application: Submit the final application by email ([email protected]) (Adobe PDF format preferred; you may use MS Word format if you are unable to submit PDF). The application must include color maps and signed versions of all letters. The application must be submitted by or copied (CC’d) to the grantee.

Filing fees: The FTZ Regulations require a filing fee of $4,000 or $6,500 for a subzone application (see 15 CFR 400.29(b)(2) for details). Your regional representative will issue an invoice via pay.gov when the completed application has been received, payable by credit card or ACH (eCheck) transaction.

Publication: When an application has been docketed, the FTZ staff will publish a notice in the Federal Register opening a public comment period. The applicant also must publish notice in a local newspaper describing the proposal, at least 15 days prior to the close of the public comment period.

APPLICATION FOR SUBZONE DESIGNATION

(Traditional Site Framework or Outside Alternative Site Framework Service Areas)

QUESTIONS

1. Please mark the appropriate space below to indicate whether you are requesting that the proposed subzone be subject to your zone’s activation limit.

_____ Subject to zone’s activation limit (3-month process)

_____ Not subject to zone’s activation limit (5-month process)

2. List the full address of the site(s), including the jurisdiction in which the site falls (town, city, county, and zip code).

3. State the acreage of the proposed site(s).

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

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

6. Indicate the current zoning and the existing and planned buildings (including square footage) for the site(s). (Note: Areas with inappropriate zoning – such as agricultural, retail, or residential – are not eligible for FTZ status and should not be proposed in any subzone application.)

7. Is FTZ designation or the use of FTZ procedures a requirement or a precondition for future activity or construction at the site(s)?

_____Yes _____No

8. List the owner(s) of the property. If not owned by the grantee or the company for which the site(s) will be designated, then provide a "Right to Use" letter: either a signed letter from the proposed operator on its letterhead attesting to its right to use the property or a letter from the owner of the proposed site(s) attesting to the operator’s right to use the property.

9. Does the operator commit to work with U.S. Customs & Border Protection (CBP), as appropriate, to meet current and future CBP requirements for its automated systems (such as ACE) and to meet any CBP security requirements related to activation?

_____Yes _____No

ATTACHMENTS

Provide the documents listed below (items 10 and 11, plus item 12 if applicable) as attachments at the end of the application.

10. Legal Authority for Application: Include a copy of 1) the state’s current enabling legislation regarding FTZs, and 2) the section(s) of the grantee's charter or organization papers pertinent to FTZ sponsorship. (For grantees that are non-public, also provide evidence of the organization’s current legal standing with the state. This can include a letter or documentation from an appropriate state official or from the state’s official website.

11. A clear and detailed site map showing existing and planned structures. The proposed site boundaries must be outlined clearly in red. Note that if streets or similar landmarks are not legible on the site map, 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.

12. 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(s), please attach all of the following:

1. An explanation of the specific local taxes that will be affected;

2. A stand-alone letter that:

• Lists all of the affected parties;

• Includes a statement below the list certifying that this is a complete list of all parties that would be affected by this particular request; and,

• Is signed by an official of the grantee organization.

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