U.S. Foreign-Trade Zone Opportunities SCOTT S. TAYLOR, ESQ. MILLER AND COMPANY P.C. Sonoma County February 4, 2013 © 2013 U.S. Foreign-Trade Zones n Logical extension of historic/global free zones n 1934 “New Deal” Legislation n Unique Legal Structure n Foreign-Trade Zone Act 19 U.S.C. § 81(a) – 81(u) n n n Foreign-Trade Zones Board Regulations 15 C.F.R. § 400 Customs Regulations 19 C.F.R. § 146 FTZ Board Decision Changes - Customs Laws – “Public Interest Criteria” © 2013 U.S. Foreign-Trade Zones n Maintains/creates jobs/investment in the U.S. as opposed to in a foreign country by Customs/Tax financial savings n Not a Customs program n FTZ Board – Secretary of Commerce, Secretary of Treasury n FTZs Are Within U.S. Boundaries, Uniquely Not Within the U.S. Customs Territory © 2013 U.S. FOREIGN-TRADE ZONES n Logical extension of historic/global free zones n 1934 “New Deal” Legislation – Jobs/Investments n Unique Legal Structure n FTZ Board n Changes - Customs Laws – “Public Interest Criteria” n Maintains/creates jobs investment in the U.S. as opposed to in a foreign country by Customs/tax financial savings n Not a Customs program n FTZs are within U.S. boundaries, uniquely not within the Customs territory © 2013 WHO IS ELIGIBLE? n n n n Foreign-trade zones stimulate American economic growth and development because they encourage companies to continue and to expand their operations in the United States. Foreign-trade zones are located in all 50 states and Puerto Rico. A company must have a facility in the United States that imports either parts, materials or components for manufacturing and finished goods or parts for distributions. The finished good is then exported or sold in the United States market. © 2013 WHAT IS A FOREIGN-TRADE ZONE? n Foreign-trade zones are restricted-access sites that are considered outside the U.S. Customs territory, but are physically located in the United States. n Companies that operate in foreign-trade zones can defer, reduce, or eliminate Customs duties on foreign products admitted into zones for storage, exhibition, assembly, manufacture, and processing. © 2013 WITHOUT A ZONE n Product is imported n Customs Entry is made n HTSUS Classification and duty rate are declared n Customs duty is paid n This is based on Harmonized Tariff Schedule of the United States (HTSUS) © 2013 © 2013 WITH A ZONE n Product moves into same Port n Shipped In-Bond to Sonoma County facility n Admitted to Zone (outside U.S. Customs territory) n Eventually entry is moved or exported. © 2013 WHO BENEFITS? n Companies that Import and Export Merchandise n Warehouse Operators n Manufacturers n Third Party Logistics Providers © 2013 FTZ BOARD n Secretary of Commerce — Ms. Rebecca Blank (Chairperson) n Secretary of Treasury — Mr. Timothy Geithner n Executive Secretary — Mr. Andrew McGilvray n Department of Homeland Security Liaison — Ms. Janet Napolitano (Secretary) n Acting Customs and Border Protection Commissioner Role (Supervisors) — Mr. David V. Aguilar © 2013 U.S. Foreign-Trade Zones Program © 2013 RAPID DEVELOPMENT 1970 2013 n 10 General-Purpose Zones n n n n n 3 Subzones n 1,401 jobs n $104 million (received) n 11% domestic material 282 General-Purpose Zones* 692 Subzones* 340,000 jobs** $106 billion (received – warehouse/distribution operations)** n $535 billion (received – manufacturing/production operations)** *Data as of January 22, 2012 **FY 2011 (latest) FTZ Board statistics published in December 2012 © 2013 REASON FOR RAPID DEVELOPMENT n Globalization n Customs Duty Planning-Financial Savings n 1950 - Manufacturing Statutory Amendment, Public Law 566, 81st Congress (approved June 17, 1950) n 1952 – Foreign-Trade Subzones, Board Order No. 29 (17 Fed. Reg. 53160 - June 5, 1952) n 1980 - Manufacturing Valuation Section 146.48(e), Customs Regulations n State/Port Authority/Local Development Agency Involvement © 2013 CALIFORNIA ZONES AND SUBZONES n 18 General-Purpose Zones n 34 Subzones © 2013 FOREIGN-TRADE ZONE NO. 3 SAN FRANCISCO, CALIFORNIA n n n n Grantee: Port of San Francisco ASF Service Area: City and County of San Francisco and San Mateo County Pending ASF Service Area Expansion: Contra Costa, Marin and Solano Counties, as well as portions of Napa and Sonoma Counties, California 3 sites located within the San Francisco Customs port of entry including the San Francisco International Airport fuel system and related facilities. (Application, 2 F.R. 702, 04/16/37; established zone (Board Order No. 16, 03/10/48) 13 F.R. 1459, 03/19/48; boundary change, Application, filed 04/24/50 (Board Order No. 25, 08/31/50) 15 F.R. 6053, 09/08/50; boundary change, Application, filed 10/09/56 (Board Order No. 43, 12/20/56) 21 F.R. 10434, 12/28/56; request for extension of time for relocation, filed 02/18/57, 22 F.R. 2317, 04/06/57 (Request for exit approved until 07/01/57); denial of boundary change, Application, filed 01/18/57 (Board Order No. 44, 10/07/57) 22 F.R. 8091, 10/11/57; temporary relocation, Application, filed 03/19/58 (Board Order No. 46, 05/05/58) 23 F.R. 3277, 05/14/58; time extension on relocation, Application, letter dated 11/06/64 (Board Order No. 66, 05/05/65) 30 F.R. 6596, 05/13/65; Grantee name change, Application, (not published) (Board Order No. 80, 09/29/69) 34 F.R. 15506, 10/04/69; relocate zone to Pier 19, 23, Application, 42 F.R. 24076, 05/12/77 (Board Order No. 121, 06/13/77) 42 F.R. 38942, 08/01/77; expansion Application, 65 F.R. 30057, 05/10/00; expansion approved (Board Order No. 1129, 11/21/00) 65 F.R. 76217, 12/06/00). Administrative Action A(27f)4-2002, A(27f)-23-2002. Alternative Site Framework Application (Docket 39-2010, 75 F.R. 29974, 05/28/10); ASF approved pursuant to Board Order No. 1718, 10/31/10 (75 F.R. 64708, 10/20/10). Site 2: Site 3: Site 4: The jet fuel storage and delivery facilities at the San Francisco International Airport; 8.5 acres at the Chevron jet fuel tank farm, the PS Trading tank farm consisting of 1 acre and related pipelines between the tank farms; jet fuel transmission pipelines and the terminal and cargo area hydrant pipelines; 26 acres at the Brisbane Terminal, 950 Tunnel Avenue, Brisbane, the petroleum and jet fuel storage facilities; and 7 acres at the Equilon Terminal, 135 North Access Road, the petroleum and jet fuel storage facilities. (usage-driven site) 55 acres at the petroleum facilities of Selby Terminal, 90 San Pablo Avenue, Crockett. (usage-driven site) 164 acres at the petroleum facilities of Martinez Terminal, 2801 Waterfront Road, Martinez. (usage-driven site) © 2013 FOREIGN-TRADE ZONE NO. 3 SAN FRANCISCO, CALIFORNIA Subzone 3A: (CLOSED) Lilli Ann Corporation's textile manufacturing plant, 355 Treat Street, San Francisco, which produces semi-finished and finished clothing from woven woolen cloth. (Application on file with Board (notice not published); established subzone (Board Order No. 59, 06/27/63) 28 F.R. 6931, 07/06/63; subzone boundary modification, Application, filed 03/10/64 (Board Order No. 62, 05/22/64) 29 F.R. 6967, 05/27/64). Subzone 3B: Chevron Products Company’s 2,900-acre oil refinery at Chevron Way, Richmond (Contra Costa County), California. The refinery is used to produce fuels and petrochemical feedstocks. (Application, 62 F.R. 33828, 06/23/97; subzone approved (Board Order No. 974, 04/28/98) 63 F.R. 25819, 05/11/98). GRANT RESTRICTION - Oil refinery with certain options available to September 30, 2000. (Request for Extension of Authority for the NPF option of the Oil Refining Board Restriction, 64 F.R. 48140, 09/02/99; extension approved (Board Order No. 1116, 08/24/00) 65 F.R. 52696, 08/30/00). GRANT RESTRICTION - Oil refining. Subzone 3C: (LAPSED) Oil refinery complex of Tesoro Refining and Marketing Company consisting of 3 sites, totaling 2,139.75 acres in the Martinez, California area, Contra Costa County, northeast of San Francisco. The refinery complex is within the San Francisco Customs port of entry, employs 636 full-time and 434 contract employees and is used to produce fuels and petrochemical feedstocks. (Application, 66 F.R. 1438, 01/11/02; subzone approved (Board Order No. 1263, 12/10/02) 67 F.R. 78414, 12/24/02). GRANT RESTRICTION - Oil refining. Subzone 3D: Valero Refining Company’s oil refining facilities in Benicia, California consists of 4 sites in Solano County: Site 1 (510 acres) main refinery complex, located at 3400 East 2nd Street in Benicia; Site 2 (53 acres) crude tank farm, located southeast of the main refinery complex in Benicia; Site 3 (11.31 acres) crude dock, located on Pier 95, near the Benicia-Martinez Bridge in Benicia; and Site 4 (1.34 acres) coke facilities, located on Pier 95, near the Benicia-Martiniez Bridge in Benicia. The facility currently employs 511 employees and is used to produce fuels and other petroleum products including gasoline, diesel, jet fuel, propane, butane, fuel oil, residual oil, and asphalt. (Docket 122011, 76 F.R. 10329, 02/24/11; subzone approved (Board Order 1797, 11/16/11) 76 F.R. 72675, 11/25/11. Temporary Subzone: (TERMINATED) Special purpose subzone for exhibition of foreign merchandise in the Gold Ball Room of the Palace Hotel in San Francisco, California from June 19 to June 30, 1953 in conjunction with the International Congress of Junior Chambers of Commerce and the San Francisco International World Trade Fair. (Application, filed 11/12/52, temporary subzone approved (Board Order No. 32, 03/24/53) 18 F.R. 1866, 04/03/53). © 2013 FOREIGN-TRADE ZONE No. 18 SAN JOSE, CALIFORNIA n n n Grantee: City of San Jose Office of Economic Development ASF Service Area: City of San Jose 7 acres consisting of a 330,000 square foot warehouse facility located at 2055 South 7th Street, San Jose, California. (Application, 39 F.R. 18510, 05/28/74; established zone (Board Order No. 103, 11/27/74) 39 F.R. 42031, 12/04/74; approved precious metal recovery, Application, 45 F.R. 9760, 02/13/80 (Board Order No. 158, 06/04/80) 45 F.R. 39324, 06/10/80; Application for reorganization filed 07/08/83, 48 F.R. 32617, 07/18/83; time extension on temporary site, Application, filed 10/05/84; extension approved (Board Order No. 282, 11/26/84) 49 F.R. 47279, 12/03/84; zone relocation, Application, 49 F.R. 44659, 11/08/84; relocation approved (Board Order No. 293, 04/03/85) 50 F.R. 15206, 04/17/85; Request for Manufacturing Authority Application for Silicon Valley Solutions, Inc. to manufacture personal computers for export in FTZ 18, 60 F.R. 42500, 08/16/95; request for manufacturing authority approved (Board Order No. 777, 10/13/95) 60 F.R. 54470, 10/24/95). GRANT RESTRICTION - Export only. (Request for Manufacturing Authority for Selectron Corporation to assemble a variety of computer/telecommunication equipment and subassemblies, 62 F.R. 12791, 03/18/97; Manufacturing Authority approved (Board Order No. 917, 09/05/97) 62 F.R. 48590, 09/16/97). Administrative Actions A 2 80, A 8 82, A 3 83, A-16-90, A-32-91, A(27f)-25-2000, A(27f)-2-2002. ASF Application, Docket 28-2012, 04/04/12; 76 F.R. 21527, 04/10/12; approved Board Order No. 1842, 07/23/12; 76 F.R. 45334, . © 2013 FOREIGN-TRADE ZONE No. 18 SAN JOSE, CALIFORNIA Subzone 18C: Cirrus Logic, Inc.’s 26-acre facility (377,000 square feet) located at 3100 West Warren Avenue, Fremont, California, 15 miles north of San Jose. The facility employs 1,400 people and is used for storage, inspection, testing, packaging and distribution of silicon wafers and integrated circuits which are used in computers and other electronic products. (Docket No. 59-97, 62 F.R. 38972, 07/21/97; subzone approved (Board Order No. 984, 06/11/98) 63 F.R. 34144, 06/23/98). Subzone 18D: Hewlett-Packard Company’s facilities consisting of 1,114,466 square feet on 53-acres in the San Jose, California area. The facilities are used for manufacture and distribution of computers, printers, measurement devices, medical products and related products and employ 245 people. (Application, 62 F.R. 35151, 06/30/97; subzone approved (Board Order No. 996, 07/31/98) 632 F.R. 43904, 08/17/98). Site 1: Site 2: Site 3: 581,814 square feet on 30.6 acres located at 915 Story Road/935 McLaughlin Avenue, San Jose (Santa Clara County). 276,696 square feet on 12.5 acres located at 18250 Murphy Parkway, Lathrop (San Joaquin County). 255,956 square feet on 9.9 acres located at 5800 Coliseum Way, Oakland (Alameda County). Subzone 18E: Space Systems/Loral, Inc.’s manufacturing facilities located in Palo Alto, Menlo Park and Mountain View, California. The facilities consist of five sites on 37 acres. The facilities are used for the manufacture of satellites and satellite systems and employs 1,300 employees. (Application, 70 F.R. 31420, 06/01/05; correction 70 F.R. 36561, 06/24/05; subzone approved (Board Order 1458, 06/16/06) 71 F.R. 37041, 06/29/06). Site 1: Site 2: Site 3: Site 4: Site 5: 28.4 acres located at 3825, 3850 and 3875 Fabian Way, Palo Alto. 1 acre located at 3977 and 3963 Fabian Way, Palo Alto. 5 acres located at 1034-1036 and 1025 E. Meadow Circle, Palo Alto. 110,000 square feet on .1 acre located at 1205 and 1145 Hamilton Court, Menlo Park. 2.5 acres located at 2288 Charleston Road, Mountain View. Subzone 18F: Lam Research Corporation’s facility employs 1,483 people, and is used for the manufacture, assembly, repair, kitting, de-kitting, and distribution of wafer fabrication equipment. The Subzone consists of 4 sites on 85 acres. (Docket 36-2010, 75 F.R. 29722-3, 05/27/10; subzone approved pursuant to Board Order No. 1724, 11/26/10; 75 F.R. 76952-3, 12/10/10). Site 1: Site 2: Site 3: Site 4: Site 5: 29 acres located at 4650 Cushing Parkway in Fremont 20 acres located at 6120 Stewart Avenue in Fremont deleted per A(27f)-98-2010 7 acres located at 1 Portola Avenue in Livermore. 4.4 acres located at 7364 Marathon Drive in Newark. © 2013 FOREIGN-TRADE ZONE No. 56 OAKLAND, CALIFORNIA n Grantee: City of Oakland n 4 sites including the 20-acre Oakland Commerce Center, 9401 San Leandro Street, Oakland, California consisting of 2 sites. (Application, 44 F.R. 61239, 10/24/79; established zone (Board Order No. 155, 04/18/80) 45 F.R. 27802, 04/24/80). Administrative Actions A 6 86, A-18-89, A-1-91, and A-9-92. (Application for expansion and relocation, 56 F.R. 22842, 05/17/91; Application amended to request manufacturing authority for Advanced Blending Corporation, 56 F.R. 38112, 08/12/91; zone expanded and relocated and manufacturing approved (Board Order No. 589, 07/15/92) 57 F.R. 32521, 07/22/92)., Administrative Actions A(27f)-27-96 and A(32c)-3-96. GRANT RESTRICTION - Export only/Re-export foreign dairy products and sugar. Administrative Actions A(27f)-12-2001, A(27f)-48-2004, A(27f)-5-2005, A(27f)-8-2008, A(32c)-18-2008, A(27f)-03-2010, A(27f)-30-2010, A(32c)-07-2010. Site 1: Site 2: Site 3: Site 4: 16.54 acres consisting of 391,129 square feet located at 9401 San Leandro Street. The site is owned by Pacific American Warehousing and Trucking Company (PacAm). 1.34 acres (58,500 square feet) located at 400 Lancaster Street, within a 105,000 square foot warehouse. This site is operated by PacAm and utilized by Fairn & Swanson Company. 1.46 acres located within the western portion of a 129,600 square foot distribution center at 30805 Santana Street in Hayward, California. 0.45 acres (19,685 square feet) located with the eastern portion of a warehouse at 1900 West Winton Avenue, Hayward, California. Subzone 56A: (INACTIVE) Mazda Motors of America, Inc., Benicia, California. The Mazda facility is located on a 45 acre site in Benicia, California. The facility, which employs 60 people, is used to process, modify and distribute imported Mazda vehicles. The modifications, performed under contract by Benicia Industries, Inc., involve installing domestic com¬ponents such as air conditioners, bumpers, mirrors, bed liners, rear windows and mats. (Docket No. 22 87, 52 F.R. 41314, 10/27/87; subzone approved (Board Order No. 423, 01/18/89) 54 F.R. 3825, 01/26/89). © 2013 FOREIGN-TRADE ZONE No. 143 WEST SACRAMENTO, CALIFORNIA n Grantee: Sacramento-Yolo Port District n 4 sites. (Application, 51 F.R. 18639, 05/21/86; established zone (Board Order No. 360, 08/06/87) 52 F.R. 30698, 8/17/87). Administrative Actions A-23-89 and A(27f)-22-96. (Expansion Application 62 F.R. 15459, 04/01/97; expansion approved (Board Order No. 944, 12/15/97) 62 F.R. 67044, 12/23/97; Request for Manufacturing Authority for Zytec Services and Logistics, Docket No. A(32b1)-3-97, 62 F.R. 45394, 08/27/97; formally docketed 5-98, 01/21/98 (not published); withdrawal of Request, 64 F.R. 29993, 06/04/99; expansion Application, 64 F. R. 41374, 07/30/99; expansion approved (Board Order No. 1074, 01/18/00) 65 F.R. 5495, 02/04/00; expansion Application, 67 F.R. 1959, 01/15/02; expansion approved (Board Order No. 1235, 06/27/02) 67 F.R. 45456, 07/09/02). GRANT RESTRICTION - Acreage. Administrative Action A(27f)-38-2006. Site 1: 686 acres within the Port of Sacramento at Industrial Boulevard and Boatman Avenue, West Sacramento. Site 2: 1,267 acres, Lincoln Airport Business Park, Aviation Boulevard, Lincoln. Site 3: 1,574 acres at the Chico Municipal Airport complex and adjacent industrial development area, Chico, County of Butte. Parcel 1: East Area, 300 acres, east of Cohasset Road, Chico. Parcel 2: West Area, 250 acres, adjacent to and west of the Chico Municipal Airport, Chico. Parcel 3: Airport Area, 1024 acres, Chico Municipal Airport complex including the Airport Industrial Park, but excluding airport runways and public terminal area. Site 4: 976 acres located at 3140 Peacekeeper Way, McClellan, California. © 2013 FOREIGN-TRADE ZONE No. 143 WEST SACRAMENTO, CALIFORNIA Subzone 143A: C. Ceronix, Inc.'s 21-acre video monitor manufacturing facility located at 13350 New Airport Road, Auburn, California. The facility produces high-resolution video display monitors for the gaming and recreational industries. (Application, 60 F.R. 17514, 04/06/95; application approved (Board Order No. 807, 03/12/96) 61 F.R. 11607, 03/21/96; expansion/relocation Application, 62 F.R. 24393, 05/05/97; expansion/relocation approved. The existing site of Subzone 143A will retain FTZ status for a period of six months from the date of approval. (Board Order No. 948, 01/07/98) 63 F.R. 2659, 01/16/98). GRANT RESTRICTION - Time limit on existing 143A for six months. Administrative Action A(27f)-32-98. Administrative Action A(27f)-32-98 authorizes a continuation of FTZ status at the Locksley Lane facility for an additional 15 months for C.Ceronix, Inc.’s subzone operation as construction schedule for the new location has been delayed. The requested minor modification to the grant of authority for Subzone 143A is approved until December 31, 1999. Subzone 143B: Hewlett-Packard Company’s manufacturing and distribution facilities consisting of three sites totaling 569.2 acres (5.9 mil. square feet at completion) located in the Sacramento area. The facilities are used for storage, manufacture, and distribution for import and export of computers and related devices, printers, electronic test and measurement devices, electronic medical products, and related electronic products and components and employ 4,000 people. (Application, 62 F.R. 12792, 03/18/97; Subzone approved (Board Order No. 927, 10/16/97) 62 F.R. 55573, 10/27/97). Administrative Actions A(27f)-42-97 and A(27f)-19-98. Administrative Action A(27f)-42-97 approved a minor boundary modification transferring subzone status from a parcel, 7 acres, within Site 1 to a warehouse facility, 320,000 square feet on 7 acres, located at 8301 Belvedere Avenue, Sacramento, California. The new site will be designated as Site 4. Administrative Action A(27f)-19-98 approved a temporary minor boundary modification transferring 14 acres within the southeastern portion of Site 1, 8000 Foothills Blvd., Roseville, California to two warehouse facilities, 15 acres total, located at 8825 Elder Creek Road, 2 acres, Sacramento and 1100 Tinker Court, 13 acres, Rocklin, California. The new sites are designated as Sites 5 and 6 respectively. The modification is approved until December 31, 2002. Site 1: Site 2: Site 3: Site 4: Site 5: Site 6: 1,233,800 square foot plus 2,580,000 square foot proposed main manufacturing plant on 479.2 acres located at 8000 Foothills Boulevard, Roseville. 515,600 square foot warehouse/processing facility on 26.7 acres located at 2975-3055-3071 Venture Drive, Lincoln. 800,000 square foot plus 400,000 square foot proposed warehouse/processing facility on 42.3 acres located at 2222 East Beamer Street/221 Hanson Way, Woodland. 320,000 square foot warehouse facility on 7 acres located at 8301 Belvedere Avenue, Sacramento, California 2-acre warehouse facility located at 8825 Elder Creek Road, Sacramento, California. Temporary until 12/31/2002 13-acre warehouse located at 1100 Tinker Court, Rocklin, California. Temporary until 12/31/2002. © 2013 FOREIGN-TRADE ZONE No. 143 WEST SACRAMENTO, CALIFORNIA Subzone 143D: Grafil, Inc.’s manufacturing and distribution facilities consist of 2 sites totaling 111,000 square feet on 11 acres in the Sacramento area. The facilities manufactures polyacrylonitrile-based carbon fiber products, including carbon fiber for commercial applications and employ 109 employees. (Application, 72 F.R. 48612, 08/24/07); subzone approved (Board Order No. 1620 (05/07/09) 74 F.R. 24798, 05/26/09). Site 1: Site 2: 65,000 square foot manufacturing and distribution facility located on 10 acres located at 5900 88th Street in Sacramento. 46,000 square feet warehousing and distribution facility located on 1 acre at 6003 88th Street in Sacramento. Subzone Application Withdrawn: Flint Ink North America Corporation’s manufacturing and distribution facilities in West Sacramento, California. (Docket No. 39-2002, 67 F.R. 64088, 10/17/02; extension of comment period, 67 F.R. 68832, 11/13/02; extension of comment period, 68 F.R. 2498, 01/17/03; extension of comment period, 68 F.R. 14191, 03/24/03; withdrawn because of changed circumstances, 68 F.R. 39510, 07/02/03). © 2013 FOREIGN-TRADE ZONE No. 226 MERCED, MADERA & FRESNO COUNTIES, CALIFORNIA n n n Grantee: Merced County Board of Supervisors ASF Service Area: Portions of Fresno, Kings, Madera, Mariposa, Merced, Stanislaus, and Tulare Counties 12 sites in 3 counties in California’s Central Valley. (Application, 62 F.R. 36258, 07/07/97; zone established (Board Order No. 946, 12/22/97) 63 F.R. 778, 01/07/98.) GRANT RESTRICTION - Acreage. (Request for export manufacturing authority for Pacesetter Industries, Inc. within Site 1, 63 F.R. 45044, 08/24/98; export manufacturing approved (Board Order No. 1009, 11/16/98) 63 F.R. 65171, 11/25/98.) GRANT RESTRICTION - Export Only. (Request for manufacturing authority for Grundfos Manufacturing Corporation (Inc.) within Site 8, 63 F.R. 19707, 04/21/98; manufacturing authority approved (Board Order No. 1018, 01/20/99) 64 F.R. 5765, 02/05/99.) GRANT RESTRICTION - Steel. Administrative Actions A(27f)-50-2000, A(27f)-26-2002. (Expansion and reorganization Application, 67 F.R. 56984, 09/06/02; expansion and reorganization approved (Board Order No. 1276, 05/14/03) 68 F.R. 27985, 05/22/03.) GRANT RESTRICTION – Acreage Administrative Action A(27f)-10-2006, A(27f)-39-2008. Site renumbering notice 11/04/10 (75 F.R. 69057-8, 11/10/10). Administrative Action A(27f)-116-2011. Site 1: Site 2: Site 3: Site 4: Site 6: Site 7: Site 8: Site 9: Site 10: Site 11: Site 12: Site 13: 791 acres at Castle Airport/Morimoto Industrial Park, 3450 C. Street, Atwater, Merced County. 242 acres within the MidState 99 Distribution Center, Visalia (Tulare County) (includes 65 acres located at 2525 North Plaza Drive approved on a temporary basis until 3/1/11). 191 acres at Mid Cal Business Park, Highway 33, Gustine, Merced County. 101 acres at Applegate Business Park, Air Park Road, Atwater, Merced County. 87 acres at City of Madera Airport Industrial Park/State Center Commerce Park (within State enterprise zone), Falcon Drive, Madera, Madera County. 10 acres at City of Madera Industrial Park (within State enterprise zone), 2500 West Industrial Avenue, Madera, Madera County. 102 acres at Airways East Business Park, East Shields Avenue, Fresno, Fresno County. 225 acres at Central Valley Business Park, East North Avenue, Fresno, Fresno County. 497 acres at Fresno Airport Industrial Park/City of Clovis Industrial Park, Aircorp Way, Fresno and West Dakota Avenue & West Pontiac Way, Clovis, Fresno County. 35 acres at Reedley Industrial Park II, 1301 South Buttonwillow Avenue, Reedley, Fresno County. 128 acres at City of Selma Industrial Park, East Nebraska, Selma, Fresno County. 15 acres located at 810 E. Continental Avenue, Tulare. © 2013 FOREIGN-TRADE ZONE No. 231 STOCKTON, CALIFORNIA n Grantee: Stockton Port District n Eight sites in Stockton, California area within and adjacent to the San Francisco/Oakland Sacramento Consolidated Customs port of entry. (Application 62 F.R. 36258, 07/07/97; zone established (Board Order 967, 04/15/98) 63 F.R. 23719, 04/30/98.) GRANT RESTRICTION - Acreage. (Expansion Application, 71 F.R. 35610, 06/21/06; expansion approved (Board Order No. 1489, 11/09/06) 71 F.R. 67329, 11/21/06). GRANT RESTRICTION – Acreage. (Expansion Application, 73 F.R. 12949, 03/11/08; expansion approved (Board Order No. 1588, 11/20/08) 73 F.R. 74140, 12/05/08 – subject to Sunset Provision if not activated by 11/30/13). Administrative Action A(27f)-19-2009, A(27f)-76-2010. Site 1: Site 2: Site 3: Site 4: Site 5: Site 6: Site 7: Site 8: 600 acres within the Port of Stockton complex on the Stockton Deepwater Ship Channel. 1,433 acres within Rough and Ready Island on the Stockton Deepwater Ship Channel. 1,494 acres located at Stockton Metropolitan Airport. Parcel 1: 1,453 acres at the Stockton Metropolitan Airport. Parcel 2: 41 acres within the Airport Gateway Center located at 931 and 1030 Runway Drive in Stockton. 67 acres within the 72-acre ProLogis Park Tracy I, located at Grant Line Road and Paradise Avenue, Tracy. 168 acres at ProLogis Park Tracy II, 1941 North Chrisman Road, Tracy. 77 acres within the 600-acre ProLogis Park Patterson Pass, 25882 South Corporate Court, Tracy. 106 acres at the ProLogis Park Duck Creek 4720 East Farmington Road, Stockton. 468 acres at the Opus Logistics Center in Stockton located at 5959 Arch Road. © 2013 FTZ INDUSTRY USE n OIL REFINING – CITGO, ConocoPhillips, Chevron, Exxon Mobil, Lion Oil Company, Motiva Enterprises, Shell Oil, Sunoco, Tesoro Refining & Marketing Company, U.S. Department of Energy Strategic Petroleum Reserve, and Valero – 94 approved. n 2011 Dollar Volume - $231.7 Billion n MOTOR VEHICLES – BMW, Chrysler, Ford, GM, Honda, Hyundai, Kawasaki, Kia, Mercedes, Volkswagen, Nissan – 124 approved. n 2011 Dollar Volume - $25 Billion n ELECTRONICS – AZ Electronics, Canon, Dell, HP, Intel, Lucent, Ricoh, and Sony – 74 approved. n 2011 Dollar Volume - $12.4 Billion n PHARMACEUTICAL INDUSTRY –Abbott Laboratories, AstraZeneca, Baxter Health Care, BMS, Eli Lilly, GlaxoSmithKline, IPR Pharmaceuticals, Merck, Pfizer, Sanofi and others – 85 approved. n 2011 Dollar Volume - $8.3 Billion n CONSUMER GOODS – Conair, GE Appliance, Eastman Kodak, Movado Group, Pier 1 Imports, Fuji Photo Film – 56 approved. n 2011 Dollar Volume - $3.2 Billion © 2013 POTENTIAL SONOMA COUNTY USES n Pharmaceutical - Manufacturing Imported Active Pharmaceutical Ingredient (6.5%) à Finished Pharmaceutical Tablet (0%) n Clean Tech/Green Tech – Warehousing, Manufacturing, Distribution n Wind turbine components (0% - 10.6%) à Finished Nacelle (0% 2.5%) n Electric Vehicles & components (0% - 20%) à Finished Electric Vehicle (2.5%) n High-Tech components ex: silicon wafers, integrated circuits, satellite components, wafer fabricated equipment, mobile devices n n Parts (0%-9%) à Finished Product (0%) n Wine/Alcohol – Distribution for Export, Warehousing n n Imported wine à Export bottled wine Defer Customs Duties, Defer or Reduce Federal Excise Tax © 2013 SENSITIVE INDUSTRIES n Industry Concerns n n n n Steel Textiles Sugar Printer’s ink © 2013 PRIMARY FINANCIAL SAVINGS n Inverted Duty – 6.8% à 0%, 5% à2.5% n Cash Flow n Exports n Staged Duty Reductions n Direct Delivery n U.S. Labor/Overhead/Profit n Scrap/Waste/Obsolete Material n Weekly Entry n Merchandise Processing Fee Savings n Customs Brokerage Expense Savings n Paperwork Reduction n Tax Savings n “Bona Fide” Customs Reason © 2013 Easiest Way to Increase Existing FTZ Use n Identify and Include All Direct Foreign Sourced Material n Identify and Include Domestic Purchased Merchandise that is Really Foreign-Sourced Merchandise n Packaging n Scrap/Waste/Obsolete n Kitting © 2013 Packaging n Non-Reusable Containers n Foil/Plastic n Pumps © 2013 Scrap/Waste/Obsolete n Consumer Goods n Chemicals n Glassware n Dinnerware © 2013 Kitting n Liquor/Glasses/ n Pen Set Cradle n Cosmetics n Cell Phones n Computers n Home Theatre Kits n Tool Kits n Napkins/Rings n Audio Rack System n Surgical Pack n Clothing Set n Dinnerware Set n Glassware Set ©©2013 2013 Everybody Does It n Oil Refineries n Shipyards/ Offshore n Motor Drilling Rig Production n Information Technology n Toner Cartridges n Footwear n LME Warehouses Vehicles/Parts n Engine Production n Pharmaceutical/ Medical Equipment Production n Chemical Production ©©2013 2013 Future Users/Uses n Expand Current FTZ n All U.S. Distribution Operations n AD/CVD Merchandise n High Duty Rate Merchandise – Compound/ Chapter 99/ General Warehouses n Spare Parts Warehouses n Returns/Repair Operations ©©2013 2013 HYPOTHETICAL FOREIGN-TRADE ZONE SAVINGS ANALYSIS Annual Imports of Foreign Parts/Materials $100,000,000 $100,000,000 $25,000,000 $25,000,000 $100,000,000 $0 6.00% 0.00% $6,000,000 $6,000,000 $100,000,000 $0 4.90% 0.00% = DUTY EXPENSE $4,900,000 $4,900,000 2013 = FTZ INVERTED DUTY © SAVINGS ©2013 $1,100,000 $1,100,000 Average On-Hand Imported Merchandise Inventory DIRECT COST SAVINGS Inverted Duty Value of Foreign Parts/Materials Used in Production x Average Foreign Parts/Material Customs Duty Rate = DUTY EXPENSE LESS Value of Foreign Parts/Materials Used in Production x Finished Product Customs Duty Rate Cash Flow Average On-Hand Imported Merchandise Inventory $25,000,000 $0 x Average (or Individual) Parts/Material Customs Duty Rate 6.00% $1,500,000 x Interest Rate 6.00% 0.00% = FTZ CASH FLOW SAVINGS $90,000 $0 FTZ BORROWINGS REDUCTION SAVINGS $1,500,000 Exports = 20% of Annual Merchandise Imports of Foreign Components x Finished Product Customs Duty Rate = FTZ EXPORT SAVINGS $20,000,000 $0 4.90% $980,000 $980,000 $980,000 Direct Delivery Annual Inventory $100,000,000 One Day Transit Time Savings Equal One Days Less Inventory to Support Same Business = SAVINGS ©©2013 2013 ÷ 365 $273,973 $273,973 $273,973 Foreign vs. U.S. Production Value of Foreign Finished Products Imported $200,000,000 $0 4.90% $9,800,000 $9,800,000 $9,800,000 $100,000,000 $0 4.90% $4,900,000 = DUTY EXPENSE $4,900,000 $4,900,000 = FTZ U.S. PRODUCTION SAVINGS $4,900,000 $4,900,000 3.00% $3,000,000 x Average Foreign Parts/Material Customs Duty Rate 6.00% $180,000 ©©2013 2013 = FTZ SAVINGS $180,000 $180,000 x Finished Product Customs Duty Rate = DUTY EXPENSE LESS Value of Foreign Parts/Materials Used in U.S. FTZ Production x Finished Product Customs Duty Rate (50%) Scrap/Waste/Obsolete/Surplus = 3% of Annual Merchandise Imports of Foreign Components Merchandise Processing Fee = Value of Imported Merchandise (Daily Entry) (Weekly Entry) (Per CBPF 7501 Customs Entry) x .3464% Ad Valorem (Assumes the $485.00 Maximum) $485 $485 x Number of Customs Entries Filed Annually 1,500 50 $727,500 $24,250 = EXPENSE = FTZ MPF SAVINGS $703,250 Customs Broker Entry Fee $100 $100 $100 x Number of Customs Entries Filed Annually 1,500 50 0 150,000 $5,000 = EXPENSE = FTZ BROKERAGE FEE SAVINGS State and Local Ad Valorem Taxation = Average On-Hand Imported Merchandise x Tax Rate 2013 = FTZ TAX © SAVINGS ©2013 $145,000 $25,000,000 1.00% $250,000 $250,000 $250,000 FTZ SAVINGS RECAP Inverted Duty $1,100,000 Cash Flow/Borrowings Reduction $1,500,000 Exports $980,000 Direct Delivery $273,973 Foreign vs. U.S. Production $4,900,000 Scrap/Waste/Obsolete/Surplus $180,000 Merchandise Processing Fee (Weekly Entry) $703,250 Customs Broker Entry Fee (Weekly Entry) $145,000 State and Local Ad Valorem Taxation $250,000 ©TOTAL 2013 FTZ SAVINGS $10,032,223 FTZ ADVANTAGES n n n n n n n n n n n n n n Cash Flow Exports Waste/Scrap/Defects/Damage/ Obsolescence Inverted U.S. Customs Duty Savings Nondutiability of Labor, Overhead, and Profit Reduced Cycle Time Weekly Entries Harbor Maintenance Fee Taxation Production Machinery International Returns Country-of-Origin Marking/Labeling Security Antidumping/Countervailing duties n n n n n n n n n n n n n n n n ©©2013 2013 Spare Parts U.S. Quota Quality Control Inventory Control Entireties Provision Exhibition Insurance Costs Zone-to-Zone Transfer Temporary Removal Procedure Compliance with Federal Laws Enterprise Zone Coordination Transfer of Title Record Identity Accounting No Time Limit Changing Circumstances Direct Delivery TYPES OF APPLICATIONS SCOTT S. TAYLOR, ESQ. MILLER AND COMPANY P.C. Sonoma County February 4, 2013 © 2013 TYPES OF FTZ APPLICATIONS/FILINGS n General-Purpose Zone n Subzone n Production Notification Application n Manufacturing Requests n Expansion Applications n Minor Boundary Modification Requests n Usage-Driven Sites - ASF n Scope Determinations © 2013 BASIC REQUIREMENTS OF APPLICATION n General-Purpose Zone n 60 miles/90 minutes from Customs Port of Entry n Need for zone services n Warehousing only approval n For production, additional data required n Special-Purpose Subzone n Operation cannot be accommodated at zone site n Need for zone services n Warehousing only approval n For production, additional data required © 2013 BASIC REQUIREMENTS OF MANUFACTURING APPLICATION n Application Data Requirements n n n n n n n Company background Product description Industry background Zone benefits to company Public benefits Impact on domestic industry Use of public zone © 2013 Alternative Site Framework SCOTT S. TAYLOR, ESQ. MILLER AND COMPANY P.C. Sonoma County February 4, 2013 © 2013 Key Points n Goal for Alternative Site Framework (ASF): Improve grantees’ ability to bring competitiveness benefits of FTZs to broad range of companies. n FTZ Staff consulted with grantees and others to develop zone-site management option that is flexible (for users), focused (for oversight purposes), and predictable (for everyone’s benefit). n FTZ space can be designated or modified through FTZ staff action (with concurrence of CBP Port Director). © 2013 Terms and Concepts n “Service Area” is the geographic area where grantee intends to propose general-purpose FTZ sites. n n n City and County of San Francisco and San Mateo County Pending ASF Service Area Expansion: Contra Costa, Marin and Solano Counties, as well as portions of Napa and Sonoma Counties, California The reason to define Service Area up front is to eliminate need for full FTZ Board processes (Federal Register notices, public comment periods, etc.) when new potential zone users appear and need FTZ designation quickly. © 2013 Example of Magnet Site © 2013 “Magnet” Site n A “Magnet” site is one selected by grantee based on ability to attract multiple potential FTZ operators/users. n Designated only via FTZ Board (Customs ITA/Treasury review) action. n Similar to traditional FTZ site (industrial park, port facility, etc.) designated in advance – essentially speculatively – to attempt to draw FTZ operators/users. © 2013 “Usage-Driven” Site n A “Usage-Driven” site is designated for a company ready to purse conducting FTZ activity. n Can be designated via simplified boundary modification. n Designation tied to the specific company and limited to the space needed by the company. n Under ASF, site is general-purpose if adjacent space has potential for future FTZ use. © 2013 Example of a Usage-Driven Site © 2013 Sunset Provision n Ongoing “Sunset” test remove unused sites. n Standard five-year sunset period for Magnet sites (applicant can request longer on case-specific basis). n Activation n Three-year sunset period for all Usage-Driven sites. n Activity required – (Zone Admission) n Activation/activity during any period serves to reset the sunset deadline by an additional five years (Magnet) or three years (Usage-Driven). © 2013 INFORMATION REQUIRED FOR USAGE-DRIVEN APPLICATION n Address. Please provide the address of the facility. n Acreage. Please provide the total number of acres of the facility, including any outside land that should be included for potential outside storage in a fenced area. n Activity Description. Please provide a descriptive summary of activities that will occur at the site, including warehousing, packaging, testing, repairs, kitting, manufacturing, and distribution operations and the type of products. n Type of Land. Is the company located in an industrial park? Yes or No. If yes, please provide the name of the industrial park. n Zoning. Please provide the name of the local property zoning designation. © 2013 INFORMATION REQUIRED FOR USAGE-DRIVEN APPLICATION n Property Owner. Please provide the name of the property owner. Please provide a property owner concurrence letter or an operator “right-to-use” letter. n Site Plan. Please provide a site plan of the boundaries of the property that will be designated as a foreign-trade zone. This boundary should be highlighted in a red outline, as required by the Foreign-Trade Zones Board. This site plan should also include sufficient detail to show surrounding street names that are clearly marked. There should also be a north-south-eastwest arrow located on the map for reference. Any other reference points are important. The site plan does not have to include any level of detail within the building. The building outline is sufficient for this particular application. The red outlined area should include an acreage total that matches the acreage total provided in item No. 2. It should also match the legal description provided in No. 8. If the area is different, please explain the difference. © 2013 Opportunities & Benefits of ASF Intended & Unintended n For Companies n n n n n Warehousing/Distribution in 30 days Manufacturing under T/IM in 75 days No filing fee Possible production equipment benefit Lower cost entry for companies n Free or $1600 vs. $6500 for Subzone n Costs of Application preparation n Simplifies information gathering process © 2013 98 Alternative Site Framework Applications Filed at the Foreign-Trade Zones Board 62% of Total Active FTZ Projects ZONE NO. GRANTEE SERVICE AREA FTZ 234 Gregg County, Texas Gregg County, Texas FTZ 260 City of Lubbock, Texas Garza, Hale, Hockley, Lubbock and Terry Counties FTZ 39 Dallas/Fort Worth International Airport Board Dallas, Tarrant, Kaufman, Collin, Grayson, and Denton Counties FTZ 54 Clinton County, New York Clinton County, New York FTZ 274 City and County of Butte-Silver Bow Silver Bow County, Montana FTZ 174 Tucson Regional Economic Opportunities, Inc. Pima County, Arizona FTZ 17 Greater Kansas City ForeignTrade Zone, Inc. Wyandotte, Johnson, Douglas, Shawnee, Leavenworth, and Miami Counties, Kansas © 2013 DOCKET/ BOARD ORDER/ APPROVED Docket 27-2009 Board Order No. 1659 Approved: 1/15/2010 Docket 28-2009 Board Order No. 1668 Approved: 2/23/2010 Docket 29-2009 Board Order No. 1660 Approved: 1/15/2010 Docket 31-2009 Board Order No. 1697 Approved: 07/08/2010 Docket 33-2009 Board Order No. 1661 Approved: 2/5/2010 Docket 43-2009 Board Order No. 1685 Approved: 6/4/2010 Docket 45-2009 Board Order No. 1696 Approved: 07/8/2010 Alternative Site Framework Applications Filed at the Foreign-Trade Zones Board ZONE NO. GRANTEE SERVICE AREA FTZ 121 Capital District Regional Planning Commission FTZ 37 County of Orange, New York Albany, Columbia, Greene, Fulton, Montgomery, Rensselaer, Saratoga, Schenectady, Warren and Washington Counties, New York Orange County, New York Expanded to Include: Duchess County FTZ 2 Board of Commissioners of the Port of New Orleans Orleans, Jefferson and St. Bernard Parishes, Louisiana FTZ 176 Greater Rockford Airport Authority Winnebago, Stephenson, Ogle, Lee, DeKalb, and Boone Counties, and portions of Bureau, McHenry and Kane Counties, Illinois Expanded to Include LaSalle and Putnam Counties FTZ 113 Ellis County Trade Zone Corporation Ellis County, Texas FTZ 170 Ports of Indiana Jackson, Washington, Harrison, Floyd, Clark and Scott Counties, Indiana Expanded to Include: Jefferson, Ripley, Dearborn, Brown, Ohio, and Switzerland Counties FTZ 196 Alliance Corridor, Inc. Denton and Tarrant Counties, Texas © 2013 DOCKET/ BOARD ORDER/ APPROVED Docket 47-2009 Board Order No. 1694 Approved: 07/08/2010 Docket 51-2009 Board Order No. 1680 Approved: 05/13/10 Docket 42-2011 Board Order No. 1796 Approved: 10/24/11 Docket 58-2009 Board Order No. 1678 Approved: 05/13/10 Docket 1-2010 Board Order No. 1702 Approved: 08/19/10 Docket 62-2010 Board Order No. 1755 Approved: 04/18/2011 Docket 4-2010 Board Order No. 1708 Approved: 09/24/10 Docket 12-2010 Board Order No. 1704 Approved: 09/03/10 Docket 37-2011 Board Order No. 1781 Approved: 09/30/11 Docket 18-2010 Board Order No. 1712 Approved: 10/18/10 Alternative Site Framework Applications Filed at the Foreign-Trade Zones Board ZONE NO. GRANTEE SERVICE AREA DOCKET/ BOARD ORDER/ APPROVED FTZ 26 Georgia Foreign-Trade Zone, Inc. Haralson, Paulding, Polk, Bartow, Floyd, Chattooga, Gordon, Pickens, Gilmer, Fannin, Murray, Whitfield, Catoosa, Walker, Dade, Forsyth, Dawson, Hall, Lumpkin, Union, White, Habersham, Banks, Franklin (in part), Cherokee, Gwinnett, Fulton, Clayton, Fayette, Henry, Cobb, Douglas, DeKalb, Rockdale, Spalding, Troup, Coweta, Carroll, Heard, Meriwether, Pike, Lamar, Butts, Upson, Newton, Jasper, Morgan, Walton, Barrow, Oconee, Clarke, Greene, Oglethorpe, Madison, Jackson, Monroe, Bibb, Putnam, Jones, Baldwin, Crawford, Peach, Wilkinson (in part), Twiggs (in part), Houston (in part), Muscogee, Harris, Talbot, Taylor, Marion (in part) and Richmond Counties, Georgia Docket 22-2010 Board Order No. 1725 Approved: 11/26/10 FTZ 75 City of Phoenix FTZ 144 Brunswick and Glynn County Development Authority Economic Development Authority of Western Nevada Ports of Indiana FTZ 126 FTZ 177 Expanded to Include: a portion of Columbia County Maricopa County and portions of Pinal and Yavapai Counties, Arizona Appling, Atkinson, Brantley, Camden, Charlton, Coffee, Glynn, Jeff Davis, McIntosh, Ware and Wayne Counties, Georgia Carson City, Douglas and Storey Counties as well as portions of Churchill, Lyon and Washoe Counties, Nevada Vanderburgh, Dubois, Pike, Gibson, Knox, Daviess, Spencer, Warrick and Posey Counties, Indiana Expanded to Include: Sullivan, Perry, Crawford, Orange, and Martin Counties FTZ 125 St. Joseph County Airport Authority St. Joseph, Elkhart, Kosciusko, Marshall, La Porte and Starke Counties, Indiana © 2013 Docket B-52-2012 Approved: 8/29/12 Docket 24-2010 Board Order No. 1716 Approved: 10/07/10 Docket 25-2010 Board Order No. 1742 Approved: 02/04/11 Docket 26-2010 Board Order No. 1703 Approved: 08/19/10 Docket 27-2010 Board Order No. 1721 Approved: 10/29/10 Docket 3-2011 Board Order No. 1767 Approved: 06/03/11 Docket 29-2010 Board Order No. 1720 Approved: 10/29/10 Alternative Site Framework Applications Filed at the Foreign-Trade Zones Board ZONE NO. GRANTEE SERVICE AREA FTZ 5 Port of Seattle King and Snohomish Counties, Washington FTZ 152 Ports of Indiana Lake, Porter, La Porte, Newton, Jasper and Starke Counties, Indiana Expanded to Include: Pulaski and Fulton Counties DOCKET/ BOARD ORDER/ APPROVED Docket 30-2010 Board Order No. 1717 Approved: 10/07/10 Docket 32-2010 Board Order No. 1723 Approved: 11/15/10 Docket 2-2011 Board Order No. 1763 Approved: 05/20/11 Docket 33-2010 Board Order No. 1738 Approved: 01/12/11 FTZ 22 Illinois International Port District Cook, Du Page, Grundy, Kankakee, Kendall, Lake and Will Counties and portions of McHenry and Kane Counties, Illinois FTZ 14 Arkansas Economic Development Commission Clark, Conway, Dallas, Faulkner, Garland, Grant, Hot Spring, Jefferson, Lonoke, Montgomery, Nevada, Pike, Pulaski, Pope, Saline, Yell and White Counties, Arkansas Docket 34-2010 Board Order No. 1729 Approved: 12/20/10 FTZ 38 South Carolina State Ports Authority Greenville, Spartanburg, Cherokee, Oconee, Union, Anderson, and Laurens Counties, South Carolina Docket 37-2010 Board Order No. 1710 Approved: 10/07/10 FTZ 3 San Francisco Port Commission City and County of San Francisco and the County of San Mateo, California FTZ 46 Greater Cincinnati FTZ, Inc. Hamilton, Butler, Warren, Brown and Clermont Counties Docket 39-2010 Board Order No. 1718 Approved: 10/07/10 Docket 41-2010 Board Order No. 1746 Approved: 03/03/2011 © 2013 Alternative Site Framework Applications Filed at the Foreign-Trade Zones Board ZONE NO. GRANTEE SERVICE AREA FTZ 244 March Joint Powers Authority Western Riverside County FTZ 138 Columbus Regional Airport Authority FTZ 136 Canaveral Port Authority Athens, Champaign, Clark, Coshocton, Crawford, Delaware, Fairfield, Franklin, Guernsey, Highland, Hocking, Knox, Licking, Logan, Madison, Marion, Morrow, Muskingum, Perry, Pickaway, Pike, Ross, Union, Vinton and Wyandot Counties Brevard County FTZ 181 Northeast Ohio Trade & Economic Consortium FTZ 72 Indianapolis Airport Authority FTZ 104 FTZ 203 Savannah Airport Commission Port of Moses Lake Public Corporation Ashtabula, Trumbull, Mahoning, Columbiana, Portage, Summit, Stark, Medina, Wayne and Richland Counties Bartholomew, Benton, Boone, Carroll, Cass, Clay, Clinton, Decatur, Delaware, Fayette, Fountain, Franklin, Grant, Greene, Hamilton, Hancock, Hendricks, Henry, Howard, Jennings, Johnson, Lawrence, Madison, Marion, Miami, Monroe, Montgomery, Morgan, Owen, Parke, Putnam, Rush, Shelby, Tippecanoe, Tipton, Vigo, Warren, Wayne, and White Counties Expanded to Include: Union and Vermillion Counties Bulloch, Bryan, Chatham, Effingham, Evans, Liberty, Long, and Screven Counties Expanded to Include: Columbia and Richmond Counties Benton, Chelan, Columbia, Douglas, Franklin, Grant, Kittitas, Lincoln and Walla Walla Counties, as well as portions of Okanogan and Yakima Counties © 2013 DOCKET/ BOARD ORDER/ APPROVED Docket 45-2010 Board Order No. 1761 May 13, 2011 Docket 46-2010 Board Order No. 1726 Approved: 11/26/10 Docket 48-2010 Board Order No 1837 Approved: 06/18/12 Docket 49-2010 Board Order No. 1741 Approved: 2/22/11 Docket 50-2010 Board Order No. 1747 Approved: 03/03/11 Docket B-71-2012 Approved: 09/27/12 Docket 51-2010 Board Order No. 1736 Approved: 01/12/11 Docket B-50-2012* Docket 56-2010 Board Order No. 1764 Approved: 05/20/11 ZONE NO. Alternative Site Framework Applications Filed at the Foreign-Trade Zones Board GRANTEE SERVICE AREA FTZ 51 Duluth Seaway Port Authority Carlton and Lake Counties, as well as portions of Itasca and St. Louis Counties FTZ 102 St. Louis County Port Authority City of St. Louis and St. Louis County FTZ 64 Jacksonville Port Authority Baker, Clay, Columbia, Duval, and Nassau Counties Expanded to Include: Putnam, St. Johns, and Bradford Counties FTZ 50 Port of Long Beach Orange County and portions of Los Angeles and San Bernardino Counties FTZ 86 Port of Tacoma Pierce County FTZ 279 Houma-Terrebonne Airport Commission Terrebonne Parish FTZ 153 City of San Diego San Diego County and a portion of Riverside County FTZ 53 City of Tulsa-Rogers County Port Authority Rogers County FTZ 182 City of Fort Wayne Adams, Allen, DeKalb, Huntington, Noble, Wabash, Wells, and Whitley Counties FTZ 137 Washington Dulles Foreign Trade Zone Inc. Frederick, Clarke, Loudoun, Fairfax, Fauquier, Prince William, and Arlington Counties and the City © 2013 of Alexandria DOCKET/ BOARD ORDER/ APPROVED Docket 58-2010 Board Order No. 1758 Approved: 05/06/11 Docket 61-2010 Board Order No. 1772 Approved: 06/22/11 Docket 63-2010 Board Order No. 1759 Approved: 05/06/11 Docket 18-2012 Board Order No. 1840 Approved: 07/05/12 Docket 65-2010 Board Order No. 1762 Approved: 05/13/11 Docket 68-2010 Board Order No. 1765 Approved: 05/20/11 Docket 69-2010 Board Order No. 1771 Approved: 07/17/11 Docket 1-2011 Board Order No. 1766 Approved: 06/03/11 Docket 8-2011 Board Order No. 1785 Approved: 09/30/11 Docket 13-2011 Board Order No. 1770 Approved: 06/22/11 Docket 19-2011 Board Order No. 1787 Approved: 09/30/11 ZONE NO. Alternative Site Framework Applications Filed at the Foreign-Trade Zones Board GRANTEE SERVICE AREA FTZ 47 Greater Cincinnati Foreign Trade Zone, Inc. Boone, Kenton, and Campbell Counties FTZ 106 Port Authority of Greater Oklahoma City FTZ 41 Foreign-Trade Zone of Wisconsin, Ltd. Blaine, Caddo, Canadian, Cleveland, Comanche, Custer, Garfield, Garvin, Grady, Kay, Kingfisher, Lincoln, Logan, McClain, Noble, Oklahoma, Payne, Pontotoc, Pottawatomie, Seminole, and Stephens Counties Kenosha, Milwaukee, and Racine Counties FTZ 205 Oxnard Harbor District Expanded to include: Dodge, Fond du Lac, Jefferson, Ozaukee, Rock, Sheboygan, Walworth, Washington and Waukesha Counties Ventura County FTZ 141 County of Monroe Monroe County FTZ 216 Port of Olympia Thurston County and portions of Lewis, Mason, and Kitsap Counties FTZ 225 City of Springfield Airport Board Barry, Barton, Cedar, Christian, Dade, Dallas, Douglas, Greene, Hickory, Howell (partial), Jasper, Laclede, Lawrence, McDonald, Newton, Ozark, Polk, Stone, Taney, Texas (partial), Vernon, Webster, and Wright Counties. © 2013 DOCKET/ BOARD ORDER/ APPROVED Docket 21-2011 Board Order No. 1774 Approved: 07/26/11 Docket 20-2011 Board Order No. 1816 02/29/12 Docket 23-2011 Board Order No. 1780 Approved 08/31/11 Docket B-40-2012 Board Order No. 1866 Approved: 11/5/12 Docket 25-2011 Board Order No. 1788 Approved: 10/13/11 Docket 29-2011 Board Order No. 1800 Approved: 11/29/11 Docket 31-2011 Board Order No. 1777 Approved 08/03/11 Docket 32-2011 Board Order No. 1782 Approved: 09/30/11 Alternative Site Framework Applications Filed at the Foreign-Trade Zones Board ZONE NO. GRANTEE SERVICE AREA FTZ 59 Lincoln Foreign-Trade Zone, Inc. Lancaster, Otoe, and Seward Counties FTZ 161 Board of County Commissioners of Sedgwick County Greater Maricopa ForeignTrade Zone, Inc. Butler, Harvey, McPherson, Reno, Saline, Sedgwick, and Sumner Counties Western Maricopa County FTZ 119 Greater Metropolitan Area Foreign-Trade Zone Commission FTZ 124 Port of South Louisiana FTZ 215 Sebring Airport Authority FTZ 77 City of Memphis Isanti, Chisago, Sherburne, Wright, Anoka, Washington, Ramsey, Hennepin, McLeod, Carver, Scott, Dakota, Sibley, LeSueur, and Rice Counties St. Charles, St. John the Baptist, St. James, La Fourche and St. Mary Parishes DeSoto, Glades, Hardee, Hendry, Highlands and Okeechobee Counties and the Cities of Belle Glade and Pahokee Shelby County FTZ 74 Baltimore Development Corporation FTZ 277 City of Baltimore and the Counties of Anne Arundel, Baltimore, Cecil and Harford © 2013 DOCKET/ BOARD ORDER/ APPROVED Docket 33-2011 Board Order No. 1783 Approved: 09/30/11 Docket 34-2011 Board Order No. 1786 Approved: 09/30/11 Docket 36-2011 Board Order No. 1804 Approved: 12/16/11 Docket 40-2011 Board Order No. 1790 Approved: 10/13/11 Docket 44-2011 Board Order 1814 01/31/12 Docket 46-2011 Board Order No. 1805 Approved: 12/20/11 Docket 51-2011 Board Order No. 1817 Approved: 02/29/12 Docket 53-2011 Board Order No. 1831 Approved: 05/24/12 Alternative Site Framework Applications Filed at the Foreign-Trade Zones Board ZONE NO. GRANTEE SERVICE AREA FTZ 118 Ogdensburg Bridge and Port Authority St. Lawrence County FTZ 127 Richland-Lexington Airport District FTZ 275 Capital Region Airport Authority FTZ 272 Lehigh Valley Economic Development Corporation Aiken, Allendale, Bamberg, Barnwell, Calhoun, Clarendon, Edgefield, Fairfield, Kershaw, Lee, Lexington, McCormick, Newberry, Richland, Saluda, and Sumter Counties Clinton, Easton, Gratiot, Ingham, Isabella (portions), Jackson, Livingston, and Shiawassee Counties Lehigh and Northampton Counties New Zone Sebring Economic Development Council, Inc. Ada and Canyon Counties FTZ 284 Genesee gateway Local Development Corporation Genesee County FTZ 109 County of Jefferson Jefferson County FTZ 89 Nevada Development Authority Clark County © 2013 DOCKET/ BOARD ORDER/ APPROVED Docket 56-2011 Board Order No. 1811 01/31/12 Docket 57-2011 Board Order No. 1826 04/16/12 Docket 58-2011 Board Order No. 1813 01/31/12 Docket 64-2011 Board Order 1812 01/31/12 Docket 65-2011* Docket 69-2011 Board Order No. 1865 Approved: 12/4/2012 Docket 70-2011 Board Order No. 1823 04/16/12 Docket 77-2011 Board Order No. 1828 05/04/12 Alternative Site Framework Applications Filed at the Foreign-Trade Zones Board ZONE NO. GRANTEE SERVICE AREA FTZ 281 Miami-Dade County Northern half of Miami-Dade County FTZ 99 State of Delaware New Castle, Kent, and Sussex Counties FTZ 226 Merced County Board of Supervisors FTZ 100 Greater Dayton Foreign-Trade Zone, Inc. FTZ 230 Piedmont Triad Partnership FTZ 219 Greater Yuma Economic Development Corporation Portions of Fresno, Kings, Madera, Mariposa, Merced, Stanislaus, and Tulare Counties Auglaize, Darke, Fayette, Greene, Mercer, Miami, Montgomery, Preble, and Shelby Counties Alamance, Caswell, Davidson, Davie, Forsyth, Guilford, Montgomery, Randolph, Rockinham, Stokes, Surry, and Yadkin Counties Yuma County FTZ 183 Foreign Trade Zone of Central Texas, Inc. Bastrop, Caldwell, Hayes, Travis, and Williamson Counties FTZ 202 Board of Harbor Commissioners of the City of Los Angeles Iowa Foreign-Trade Zone Corporation Orange County and portions of Los Angeles and San Bernardino Counties FTZ 107 Adair, Adams, Audubon, Boone, Calhoun, Carroll, Cass, Clarke, Dallas, Decatur, Greene, Guthrie, Hamilton, Hardin, Jasper, Lucas, Madison, Mahaska, Marion, Marshall, Monroe, Polk, Poweshiek, Ringgold, Story, Union, Warren, Wayne, and Webster Counties © 2013 DOCKET/ BOARD ORDER/ APPROVED Docket 79-2011 Board Order No. 1844 Approved: 08/02/12 Docket 81-2011 Board Order No. 1839 Approved: 07/05/12 Docket 84-2011 Board Order No. 1824 Approved: 04/16/12 Docket 1-2012 Board Order No. 1837 Approved: 06/18/12 Docket 4-2012 Board Order No. 1835 Approved: 06/18/12 Docket 6-2012 Board Order No. 1850 Approved: 08/17/12 Docket 8-2012 Board Order No. 1843 Approved: 07/23/12 Docket 9-2012 Board Order No. 1838 Approved: 07/05/12 Docket 10-2012 Board Order No. 1858 Approved: 09/20/12 Alternative Site Framework Applications Filed at the Foreign-Trade Zones Board ZONE NO. GRANTEE SERVICE AREA FTZ 189 Kent-Ottawa-Muskegon Foreign-Trade Zone Authority Kent, Ottawa, and Muskegon Counties FTZ 148 Industrial Development Board of Blount County and the Cities of Alcoa and Maryville, Tennessee Tri-Cities Airport Commission FTZ 151 Findlay/Hancock County Chamber of Commerce Anderson, Blount, Campbell, Claiborne, Cocke, Cumberland, Grainger, Jefferson, Knox, Loudon, Monroe, Morgan, Roane, Scott, Sevier, and Union Counties Sullivan, Hawkins, Greene, Washington, Unicoi, Carter, Hamblen, and Johnson Counties Hardin, Putnam, Seneca, Allen, and Hancock Counties FTZ 94 City of Laredo Webb County FTZ 79 City of Tampa Hillsborough and Polk Counties FTZ 149 Port Freeport Brazoria and Fort Bend Counties FTZ 18 City of San Jose City of San Jose FTZ 155 Calhoun-Victoria Foreign Trade Zone, Inc. Calhoun, Victoria, and Matagorda Counties FTZ 200 County of Mercer Mercer County FTZ 204 © 2013 DOCKET/ BOARD ORDER/ APPROVED Docket 12-2012 Board Order No. 1846 Approved: 08/17/12 Docket 16-2012 Board Order No. 1841 Approved: 07/23/12 Docket 19-2012* Docket 20-2012 Board Order No. 1855 Approved: 08/29/12 Docket 22-2012 Board Order No. 1852 Approved: 08/29/12 Docket 24-2012* Docket 27-2012 Board Order No. 1853 Approved: 08/29/12 Docket 28-2012 Board Order No. 1842 Approved: 07/23/12 Docket 29-2012 Board Order No. 1854 Approved: 08/29/12 Docket 30-2012* Alternative Site Framework Applications Filed at the Foreign-Trade Zones Board ZONE NO. GRANTEE SERVICE AREA DOCKET/ BOARD ORDER/ APPROVED Docket B-32-2012 Board Order No. 1856 Approved: 09/20/12 Docket 13-2013 Board Order No. 1872 Approved: 11/30/2013 FTZ 129 Port of Bellingham Whatcom County FTZ 93 Triangle J Council of Governments FTZ 220 Sioux Falls Development Foundation FTZ 36 Board of Trustees of the Galveston Wharves Chatham, Durham, Franklin, Granville, Harnett, Johnston, Lee, Moore, Orange, Person, Vance, Wake and Warren Counties, Bon Homme, Brookings, Clay, Davison, Duel, Hamlin, Hanson, Hutchinson, Kingsbury, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union, and Yankton Counties Galveston County FTZ 139 Sierra Vista Economic Development Foundation, Inc. Cochise County FTZ 70 Greater Detroit Foreign-Trade Zone, Inc. Macomb, Monroe, Oakland, Washtenaw, and Wayne Counties Docket B-46-2012* FTZ 241 City of Fort Lauderdale Portions of Broward County Docket B-48-2012* FTZ 8 Toledo-Lucas County Port Authority Sandusky, Henry, Wood, Lucas, and Defiance Counties Docket B-49-2012* FTZ 32 Greater Miami Foreign-Trade Zone, Inc. Miami-Dade County Docket B-51-2012* NEW ZONE Chenango County, New York Chenango County © 2013 Docket B-56-2012* Docket B-35-2012 Board Order No. 1857 Approved: 09/20/12 Docket B-41-2012 Board Order No. 1863 Approved: 10/26/12 Docket B-43-2012* Alternative Site Framework Applications Filed at the Foreign-Trade Zones Board ZONE NO. GRANTEE SERVICE AREA FTZ 43 City of Battle Creek, Michigan FTZ 90 County of Onondaga Allegan, Barry, Berrien, Branch, Calhoun, Cass, Clinton, Eaton, Ingham, Ionia, Jackson, Kalamazoo, St. Joseph and Van Buren Counties Onondaga, Cayuga, Oswego, and Madison Counties FTZ 133 Quad-City Foreign-Trade Zone, Inc. FTZ 283 Northwest Tennessee Regional Port Authority FTZ 35 Philadelphia Regional Port Authority FTZ 185 County of Culpeper Henderson, Henry, Mercer, Rock Island and Warren Counties, Illinois and Cedar, Clinton, Des Moines, Dubuque, Henry, Jackson, Johnson, Jones, Lee, Louisa, Muscatine, Scott, and Washington Counties, Iowa Dyer, Gibson, Haywood, Lake, Lauderdale, Madison, Obion, and Tipton Counties Philadelphia, Delaware, Bucks, Montgomery, Chester, Lancaster, and Berks Counties Albemarle, Augusta, Bath, Caroline, Culpeper, Fluvanna, Greene, Highland, King George, Louisa, Madison, Nelson, Orange, Page, Rappahannock, Rockbridge, Rockingham, Shenandoah, Spotsylvania, Stafford and Warren Countyies © 2013 DOCKET/ BOARD ORDER/ APPROVED Docket B-57-2012 Board Order No. 1870 Approved: 11/30/12 Docket B-61-2012* Docket B-63-2012* Docket 59-2011 Board Order No. 1851 Approved: 10/11/12 Docket B-75-2012* Docket B-78-2012* Alternative Site Framework Applications Filed at the Foreign-Trade Zones Board ZONE NO. GRANTEE SERVICE AREA FTZ 147 FTZ Corp of Southern Pennsylvania New Zone Tunica County Berks, Cumberland, Dauphin, Franklin, Lancaster, and York Counties Tunica County FTZ 171 Liberty County Economic Development Corporation Liberty and Chambers Counties © 2013 DOCKET/ BOARD ORDER/ APPROVED Docket B-79-2012* Docket B-82-2012* Docket B-85-2012* Activation Process Once a company locates in a zone site, it is in a “designated” site. Any individual company must still “activate” with local U.S. Customs and Border Protection to use the FTZ program. © 2013 FTZ ACTIVATION PROCESS n 19 C.F.R. § 146.6 n FTZ Operations Manual n Site Plan n Purpose of Activation/ Manufacturing Authority n Grantee Concurrence n Background Investigation n Cargo Security Review n FTZ Operator’s Bond ©©2013 2013 APPLICATION FOR ACTIVATION n Site Plans n A legal description and site plan detailing the area for which activation is requested. n Purpose of Activation n A description of the proposed zone activity. n Procedures Manual n A manual that describes how the zone operation will be conducted. © 2013 APPLICATION FOR ACTIVATION n Concurrence of Grantee Organization n A letter from the Grantee organization that acknowledges the activation of the operator. n Background Investigation n Certain information on key employees must be submitted for Customs to conduct background investigations. n Security Inspection n A description of the security features of a zone operation. © 2013 APPLICATION FOR ACTIVATION n FTZ Operator’s Bond n A discussion of the required Foreign-Trade Zone Operator’s Bond and justification for its approval. n FIRMS Code n Customs must be requested to assign a Facilities Information Resource Management System (FIRMS) Code Upon approval of the activation. © 2013 APPLICATION FOR ACTIVATION n Authority to Manufacture (if applicable) n A description of the manufacturing process, if manufacturing will occur. n Statistical Reporting n Certain data is required by the Bureau of Census. n Zone Inventory Management n A description of how the merchandise will be tracked as foreign-trade zone inventory. © 2013 APPLICATION FOR ACTIVATION n Automated Commercial System Commitment n A commitment for establishment of an electronic interface with Customs through the Automated Commercial System (ACS) must be made. n Request for Specific Authorities n There are specific authorities or options that may be requested of Customs, such as the ability to break and affix Customs seals by the Operator, yearly blanket admission authorization, direct delivery and weekly entry. © 2013 Production Authority This is an extra incentive for a manufacturer to locate in the Sonoma County, California area. © 2013 Background n Department of Commerce initiative to reduce program costs for small/medium manufacturers (SMMs) n FTZ Staff directed to benchmark U.S. program with similar programs and procedures abroad n Researched programs in 77 countries n Main finding: Some countries provide SMMs with quicker and simpler access to zone procedures © 2013 New Notification Procedure May 1, 2012 n Non-controversial n Applies to ALL industries n n n n Six-digit HTSUS specificity Does not have to be “similar” to already approved activity like T/IM 40 Day Public Comment Period 120 Day Approval Process n If negative comments are received a full Manufacturing Request may have to be filed. © 2013 New FTZ Application Process n Is the facility in an ASF service area? n n Subzone Usage-driven site n Production Involved? n n New notification procedure = 4 months Can expedite with letter from Customs n If objection to new modification procedure then a full application is required © 2013 Financial Costs – Start Up n Zone Application n n Preparation Fee to Foreign-Trade Zones Board n Subzones $6,500 (15 C.F.R. § 400.25) n Expansions $1,600 (15 C.F.R. § 400.26(b)) n ASF - $0 – “Priceless” n Structuring Management System n Modification to Existing Software or New Software n Application for Activation/FTZ Operations Manual n Training © 2013 Financial Costs - Ongoing n Annual Fee to Grantee n Management Salary/Benefits n Oversight/Audit/Training n IT Expense n FTZ Operators Bond n Advice/Counsel © 2013 CONTACT INFORMATION Scott S. Taylor, Esq. phone: (816) 561-4999 email: [email protected] Miller & Company, P.C. 4929 Main Street Kansas City, Missouri 64112 www.millerco.com 81065 © 2013
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