Liana Wong kindle U.S.-Foreign Trade Zones: Background and Issues for Congress

U.S. foreign-trade zones (FTZs) are geographic areas declared to be outside the normal customs territory of the United States. This means that, for foreign merchandise entering FTZs and reexported as different products, customs procedures are streamlined and tariffs do not apply. For products intended for U.S. consumption, full customs procedures are applied and duties are payable when they exit the FTZ. In 1934, in the midst of the Great Depression, Congress passed the U.S. Foreign Trade Zones Act. It was designed to expedite and encourage international trade while promoting domestic activity and investment. The U.S. FTZ program offers a variety of customs benefits to businesses which combine foreign and domestic merchandise in FTZs. Similar types of “zones” exist in 147 countries, employing roughly 90 to 100 million workers worldwide. Though some aspects differ, all have streamlined customs procedures and no duties applicable on components and raw materials combined in zones and then re-exported. The worldwide network of free trade zones facilitates the integration of economies into global supply chains. U.S. FTZs can affect the competitiveness of U.S. companies by allowing savings through (1) duty reduction on “inverted tariff structures” (where tariffs are higher on imported components than on finished products); (2) customs and inventory efficiencies; and (3) duty exemption on goods exported from, or consumed, scrapped, or destroyed in, a zone. Though difficult to achieve, other possible alternatives, such as broad-based tariff reductions through multilateral negotiations, and overall customs reform might provide some of the same competitive advantages as zone use in a more efficient manner, while also ensuring that all importers have equal access. Zone activity represents a significant share of U.S. trade. According to the FTZ Board’s 2018 Annual Report to Congress, foreign goods entering the United States through FTZs accounted for almost 10% of total U.S. imports. Oil/petroleum (25%), vehicles and related parts (17%), and electronics (16%) made up the majority of foreign goods entering FTZs. A majority of goods entering FTZs are used in production activities (63%), while the remaining are used in warehouse and other logistical activities (37%). Most goods (86%) arriving through FTZs were consumed in the United States; the rest were exported. The industries that account for a significant portion of zone production activity include the oil refining, automotive, electronics, and pharmaceutical sectors. Administration of the U.S. FTZ system is overseen by the Secretaries of Commerce and the Treasury, who constitute the U.S. FTZ Board. The Board is responsible for the establishment of zones, the authorization of specific production activity, and the general oversight of zones. It also appoints an Executive Secretary, who oversees the Board’s staff. Homeland Security’s Customs and Border Protection (CBP) directly oversees FTZs and enforces regulations set by the Board. It activates the zones and secures and controls dutiable merchandise moving into and out of them. CBP oversight also includes both protection of U.S. tariff revenue and protection from illegal activity through screening, targeting, and inspections. In 2012, the U.S. FTZ Board issued new regulations. They focused primarily on streamlining the application procedures and shortening, generally from a year to four months, the time for FTZ approval for production activity under certain circumstances.