SUBPART E

MISCELLANEOUS PROVISIONS

 

Chapter

  31.  Foreign Trade Zones

32.  Water and Sewer Authorities in Cities of the Second Class

  33.  Violations and Penalties

 

 

CHAPTER 31

FOREIGN TRADE ZONES

 

Sec.

3101.  Operation as public utility.

3102.  Establishment by private corporations and municipalities.

3103.  Formation and authority of private corporations (Repealed).

3104.  Municipalities and corporations to comply with law; forfeiture of rights.

3105.  Reports to Department of Community Affairs.

 

Enactment.  Chapter 31 was added July 1, 1978, P.L.598, No.116, effective in 60 days.

§ 3101.  Operation as public utility.

Each foreign trade zone established and maintained within the limits of this Commonwealth as set forth in this chapter shall be operated as a public utility, and all rates and charges for all services or privileges within the zone shall be fair and reasonable, but no such rates or charges shall be subject to supervision, regulation or control by the commission. Every municipality and private corporation operating and maintaining a foreign trade zone shall afford to all who may apply for the use of the trade zone and its facilities and appurtenances, uniform treatment under like conditions, subject to such treaties or commercial conventions as are now in force or may hereafter be made from time to time by the United States with foreign governments.

§ 3102.  Establishment by private corporations and municipalities.

Any private corporation formed in this Commonwealth for the purposes expressed in this part and any municipality of this Commonwealth, is hereby authorized to make application in accordance with the provisions of the act of Congress of the United States, approved June 18, 1934, entitled "An act to provide for the establishment, operation, and maintenance of foreign trade zones in ports of entry of the United States; to expedite and encourage foreign commerce, and for other purposes," (Public Act No. 397, 73rd Congress), referred to in this chapter as "the act of Congress"; to the board consisting of the Secretary of Commerce, the Secretary of the Treasury, and the Secretary of War, thereby established, referred to in this chapter as "the board"; for the privilege of establishing, operating, and maintaining a foreign trade zone in, or adjacent to, any port of entry under the jurisdiction of the United States in order to expedite and encourage foreign commerce. If, and when, such application is granted, the grantee shall have power to establish, operate, and maintain such foreign trade zone. Any foreign trade zone established by a municipality may be operated and maintained only within the limits of such municipality, or adjacent thereto. Any such foreign trade zone shall be established, operated, and maintained by a municipality or private corporation in accordance with the provisions of the act of Congress.

§ 3103.  Formation and authority of private corporations (Repealed).

 

1988 Repeal.  Section 3103 was repealed December 21, 1988, P.L.1444, No.177, effective October 1, 1989.

§ 3104.  Municipalities and corporations to comply with law; forfeiture of rights.

Each municipality and private corporation establishing, operating, and maintaining a foreign trade zone shall fully comply with all of the provisions of the act of Congress and the rules and regulations prescribed by the board thereunder, and shall have all the powers, rights, privileges, and authority conferred by the act of Congress and said rules and regulations, and be subject to the limitations and restrictions contained in said act and said rules and regulations. Any such municipality or private corporation shall forfeit any right and privilege to operate and maintain a foreign trade zone, under the provisions of this part or under the charter of any private corporation formed as aforesaid, if, and when, its grant of privilege is finally revoked under the authority granted in the act of Congress.

§ 3105.  Reports to Department of Community Affairs.

Each municipality and private corporation operating a foreign trade zone within the limits of this Commonwealth shall file a copy of every report which it shall make, or be required to make, under the act of Congress with the Department of Community Affairs.

 

Transfer of Functions.  Section 301(a)(9) of Act 58 of 1996 provided that the housing, community assistance and other functions of the Department of Community Affairs under section 3105 are transferred to the Department of Community and Economic Development. Section 301(a)(16) of Act 58 of 1996 provided that all other powers and duties delegated to the Department of Community Affairs not otherwise expressly transferred elsewhere by Act 58 and currently performed by the Department of Community Affairs under section 3105 are transferred to the Department of Community and Economic Development.

References in Text.  The Department of Community Affairs, referred to in this section, was abolished by Act 58 of 1996 and its functions were transferred to the Department of Community and Economic Development.