the U.S. Government are subject to the provisions of title 18, United States Code §§ 203, 205 and 207 (Public Law 87-849, 87th Congress) in connection with representing a private party or interest before the U.S. Department of Commerce in connection with any export control matter.

§ 390.3

Export control authority to be exercised by U.S. Department of Commerce Field Office Directors in the event of enemy attack on the United States.

(a) Delegation to Field Office Director. In the event of an enemy attack on the United States, each Director of a U.S. Department of Commerce field office is authorized to exercise control over exports from the area assigned to him for purposes of this regulation.

(b) Areas for which Field Office Directors may control exports. The area of jurisdiction assigned to each Director will be his area of jurisdiction at the time of an attack.

(c) Orders from U.S. Department of Commerce. The authorization set forth in paragraph (a) of this § 390.3 shall be subject to any orders or directives transmitted from the U.S. Department of Commerce.

§ 390.4 Disclosure of license issuance and other information.

By order of the Secretary of Commerce, the Office of Export Control will make available daily, for each export license granted on the previous business day:

(a) A general description of the commodity or technical data licensed for export;

(b) The total value of the licensed commodity; and

(c) The country of destination of the export.

No other specific information regarding any validated export license will be made available to the public by the Office of Export Control, except with the approval of the Secretary of Commerce.

§ 390.5 Extension of validity period of licenses affected by longshoremen's work stoppage.

Effective February 5, 1969, the validity period of any validated export license which covers an export to be made by water from any port affected by the current work stoppage of longshoremen, and which expired or will expire during any

month while this work stoppage was or is in effect, is hereby extended to the last day of the month following the month in which the strike terminates.

§ 390.6 Short supply licensing controls over nickel products.

(a) Licensing policy and exceptions. To conserve the domestic supply of nickel, it has been necessary to discontinue the granting of licenses to export the following primary and secondary forms of nickel:

Export Control Commodity Number and Commodity Description

28200 Iron and steel scrap containing 1 percent or more nickel by weight, including scrap melted into crude forms.

67160

Ferronickel containing 90 percent or less nickel.

68310 Nickel based magnetic materials, unwrought.

68310 Other nickel or nickel alloys, unwrought.

68324 Nickel or nickel alloy electroplating anodes.

However, the Office of Export Control will consider requests for exceptions to this licensing policy if, for technological or economic reasons, the commodities cannot be commercially processed in the United States.

(1) If the commodities cannot be processed in the United States for technological reasons, the application shall include:

(i) A statement describing the commodities, with an analysis of the metal content, and an explanation of the difficulty in processing them in the United States;

(ii) The following certification:

I (we) certify that, to my (our) best knowledge and belief, the commodities described on this application cannot be commercially processed in the United States; and

(iii) A copy of correspondence with one or more recognized U.S. nickel processors confirming that the commodities described in the application can not be commercially processed in the United States.1

1 Section 376.4 of the Export Control Regu lations of this chapter contains additional special requirements regarding applications for licenses to export nickel commodities.

(2) An exception will also be considered in cases where failure to export the commodities will subject the applicant to a definite economic hardship in the form of a substantial financial

liability. An example of such hardship is a situation where a contract is in effect, the commodities have been specially processed and packed for shipping, and freight arrangements have been made. Another example is a situation where, because of geographic location, a loss would be suffered if the applicant had to dispose of the commodities in the United States. A mere decrease in an expected profit does not impose a financial liability and does not constitute an economic hardship within the meaning of this section. To establish an economic hardship, an applicant shall submit in support of his license application a copy of his sales contract with the foreign purchaser. In addition, he shall disclose the date he purchased the commodities, the price he paid for them, their current U.S. market price, and any other facts to establish his potential economic hardship.1

[12th Gen. Rev. of Export Regs., Amdt. 4, 34 F.R. 14326, Sept. 12, 1969]

in the U.S. Department of Commerce Export Control Regulations which is referred to and invoked by provisions in this Subchapter B, is hereby incorporated by reference pursuant to 4 U.S.C. 522(a)(1) and 1 CFR Part 20.

(b) The Commodity Control List is available at the following places: Superintendent of Documents, Government

Printing Office, Washington, D.C. 20402. Exporters Service Section, Office of Export Control, Bureau of International Commerce, Department of Commerce, Washington, D.C. 20230.

Field Offices of the Bureau of International Commerce, Department of Commerce.

(c) Revisions, amendments, revocations, deletions, recodifications, redesignations, and corrections will be issued in Export Control Bulletins from time to time by the Office of Export Control, Bureau of International Commerce, Department of Commerce, Washington, D.C. 20230, in the form of replacement pages or insert sheets, and an official historic file will be maintained by the Office of Export Control.

§ 399.2 Commodity Interpretations; incorporation by reference.

(a) The text of the current edition of the Commodity Interpretations as published in the Export Control Regulations which is referred to and invoked by provisions in this Subchapter B, is hereby incorporated by reference pursuant to 4 U.S.C. 522(a)(1) and 1 CFR Part 20.

(b) The Commodity Interpretations are available at the following places: Superintendent of Documents, Government

Printing Office, Washington, D.C. 20402. Exporters Service Section, Office of Export Control, Bureau of International Commerce, Department of Commerce, Washington, D.C. 20230.

Field Offices of the Bureau of International Commerce, Department of Commerce.

(c) Revisions, amendments, revocations, deletions, recodifications, redesignations, and corrections will be issued in Export Control Bulletins, from time to time by the Office of Export Control and an historic file will be maintained by the Office of Export Control.

Availability of materials for inspection and copying.

Requests for identifiable records. Determinations of availability of

records.

400.1405 Requests for reconsideration nonavailability.

400.1406 Security information.

of

AUTHORITY: The provisions of this Part 400 issued under sec. 8, 48 Stat. 1000; 19 U.S.C. 81h, unless otherwise noted.

SOURCE: The provisions of this Part 400 contained in Regulations, June 29, 1935, unless otherwise noted.

§ 400.100

DEFINITIONS

Act.

The term "Act" means the ForeignTrade Zones Act of June 18, 1934 (48 Stat. 998-1003; 19 U.S.C. 81a-81u), as amended by Public Law 566, 81st Congress, approved June 17, 1950.

[Order 29, 17 F. R. 5316, June 11, 1952] § 400.101 Zone.

The term “zone” means a "foreigntrade zone." It is an isolated, enclosed, and policed area, operated as a public utility, in or adjacent to a port of entry, furnished with facilities for lading, unlading, handling, storing, mainipulating, manufacturing, and exhibiting goods, and for reshipping them by land, water, or air. Any foreign and domestic merchandise, except such as is prohibited by law or such as the Board may order to be excluded as detrimental to the public interest, health, or safety may be brought into a zone without being subject to the customs laws of the United States governing the entry of goods or the payment of duty thereon; and such merchandise permitted in a zone may be stored, exhibited, manufactured, mixed or manipulated in any manner, except as provided in the act and other applicable laws or regulations. The merchandise may be exported, destroyed, or sent into customs territory from the zone, in the original package or otherwise. It is subject to customs duties if sent into