HomeMy WebLinkAboutAgenda - 06-21-2011 - 5tORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 21, 2011
Action Agenda
Item No. 5-+
SUBJECT: Potential Expansion of Foreign Trade Zone #93
DEPARTMENT: Economic Development PUBLIC HEARING: (Y /N) No
ATTACHMENT(S): INFORMATION CONTACT:
Triangle J Council of Governments Gary Shope, 919 - 245 -2325
6/6/2011 FTZ Correspondence
PURPOSE: To receive information on plans by the Triangle J Council of Governments
( TJCOG) to apply for the expansion of Foreign Trade Zone (FTZ) #93 that could potentially
benefit economic development activities in Orange County; and to authorize the BOCC Chair to
submit a letter of support for TJCOG's effort regarding the expansion of FTZ #93.
BACKGROUND: Foreign Trade Zones are designated areas that provide special customs
procedures to US companies that engage in international trade. In these areas, products can
be sorted, inspected, further manufactured and otherwise prepared for sale without payment of
duty. FTZs benefit companies that are involved in international trade by offering numerous
benefits including simplified import/export procedures, duty deferral and tax advantages.
As detailed in the enclosed information from the TJCOG, there is interest to further expand on
the existing FTZ #93 that was created in 1983. Three (3) manufacturing subzones have since
been created as part of the original FTZ - one each in Durham, Wilson, and Granville counties.
A recent meeting of the Economic Development Advisory Committee (EDAC) for the Research
Triangle Regional Partnership has endorsed the inclusion of the thirteen (13) counties to be part
of the FTZ expansion process per recommendations from TJCOG.
County Economic Development staff recommends that the Board authorize the Chair to submit
a letter to TJCOG in support of its effort to move ahead with the expansion of Foreign Trade
Zone #93 and the inclusion of Orange County. Staff plans to attend the July 15th informational
meeting regarding the FTZ expansion at the Wake County Community College -Cary Campus
(as noted in the attachment) and will provide updates as the process moves forward.
FINANCIAL IMPACT: There is no financial impact with submitting a letter of support for the
potential expansion of FTZ #93. Potential financial impacts of the expansion itself are
anticipated to be discussed during upcoming information sessions.
RECOMMENDATION(S): The Manager recommends that the Board:
1. Direct staff to gather additional information on the impact of expanding FTZ #93 to
include Orange County; and
2. Authorize the BOCC Chair to submit a letter of support to TJCOG stating Orange
County's interest in being included within the Service Area of FTZ #93 (sample letter
included in the attachment).
Attachment 1
TRIANGLE J COUNCIL OF GOVERNMENTS
4307 Emperor Boulevard, Suite 110
Durham, NC 27703
Mailing Address; PO Box 12276
Research Triangle Park, NC 27709
919.549.0551 FAX: 919.549.9390
wvrn.ticoo.dst.nc.us
June G, 2011
Bernadette Pelissier, Orange County Chair
PO -BOX 8181
Hillsborough, NC 27278
Dear Ms. Pelissier:
As a member of Triangle J Council of Governments you are likely aware that TJCOG is the Grantee of Foreign
Trade. Zone - #93; general - purpose FTZ sites are currently located in Wake County and FTZ manufacturing subzones
are approved in Durham, Granville and Wilson Counties. in the-past we have provided FTZ infonnation and
program services to the "Greater Triangle Region" on. an as needed basis.
The VS FTZ Board is now providing the .option of applying for a new management plan for the FTZ program called
"Alternative Site - Management Framework" or ASF. The change will enable FTZ #93 to officially expand the
service area. A fact sheet is enclosed that briefly explains the FTZ program and lists the potential advantages of the
ASF over our current, traditional management framework. The enclosed FTZ brochure will provide inforniation
about the program's history and advantages; the maps show our cwTent and potential service areas.
The FTZ #93 Rates, Tariff & Legal Review Board (the FTZ #93 Board) has received the go -ahead from the TJCOG
Board of Delegates to develop an application for the expansion of the service area. The Economic Development
Advisory Committee of the Research Triangle Regional :Partnership has endorsed the inclusion of their 13 counties.
in the application, and we have reached out to the COG directors of the Kerr Tar (Region K) and the Mid- Carolina
(Region M) for their support. We are considering a service area comprised of fifteen contiguous counties.
This letter is written to formally request a letter of support from your county for inclusion in the expanded service
area of FTZ #93' there is no application fee for of TJCOG member counties. altiiottsh there will be a charge for any
new "magnet sites" in the application. A sample letter is enclosed,
A seminar to further explain :this opportunity is scheduled for. July 151 ", 9 AM — Noon, Wake Technical.
Community College Cary Campus, 3434 Kildare Farm Rd. Each county is encouraged to send at least one
elected official, preferably the chair -or vice chair, the COG delegate, your manager or assistant manager, and a key
coimty economic development official. We plan to submit the draft application by the end of September.
Should you have questions about this matter, please feel flee to contact me or our FTZ Administrator, Pamela
Davison, 919 -558 -9394 or einail ilz%voman@Zahoo.com.
Siiicetely.,
Zr Bower
/ �Efecutive Director
Enclosures (4)
CC (email), Frank Clifton, Orange County Manager, RTRP EDAC Members
MISSION STATEMENT
To serve as an intergovemmental organization for focal elected officials
that works proactively on regional issues in order to sustain and improve the quality of life for our citizens.
2
3
Fact Sheet
FOREIGN TRADE ZONES — ALTERNATIVE SITE FRAMEWORK
FTZ #93 Grantee — Triangle J Council of Governments
POB 12276; RTP, NC 27709
Contact: Pamela Davison, FTZ Administrator
919 -558 -9394, Cell 929- 610 -1917, ftzwomanC«Dyahoo.com
What is a Foreign Trade Zone?
Foreign -trade zones are designated sites licensed by the United States Foreign -Trade
Zones (FTZ) Board at which special Customs procedures may be used for foreign goods.
The activities in a zone offset Customs advantages available to overseas producers who
compete with producers located in the United States. The program has existed since
1934 and continues to thrive and. change to better meet the needs of American
companies to compete in the global economy.
What is Foreign Trade Zone #93 Service Area?
As Grantee of FTZ #93, Triangle J Council of Governments currently administers General
Purpose zones in Wake County. FTZ #93 can serve an area within 60 miles or 90 rninutes
- driving time from the US Customs Port of Entry for RDU. Three general- purpose zone
sites are approved with two presently activated. FTZ #93 was established under the
"Traditional. Zone Framework ". TJCOG member counties include: Wake, Durham,
Orange, Chatham, Lee, Johnston and Moore.
What is the "Alternative Site Framework ?"
Alternative Site Framework (ASF) is a newly implemented program of the US FTZ Board.
It offers greater flexibility to designate and manage general-purpose FTZ sites based on
"user- driven" needs for an FTZ program & its benefits.
What are the differences between the Traditional vs. ASF?
Submission of traditional General- Purpose Expansion or Sub -Zone- application to the
Foreign Trade Zone Board for action under the Traditional Zone Framework requires:
• Generally a ten (10) month process,
• Greater documentation requirements, and
• Submission of a request for administrative minor boundary modifications
involves swapping like properties from existing zone sites.
Alternative Site Framework reorganization application for FTZ Board action requires:
• Generally, six (6) to eight (8) months for ASF reorganization applications with no
new Magnet Sites (industrial parks). Up to 6 magnet sites are possible.
• Faster Processing for Usage Driven Sites once an ASF application is submitted,
the Grantee can utilize the simplified and minor boundary modification actions
for usage driven sites. This eliminates the need to "swap" like amounts of
acreage from existing sites. ASF does not affect existing FTZ Subzones.
4
Fact Sheet, Page 2
FOREIGN TRADE ZONES — ALTERNATIVE SITE FRAMEWORK
ADVANTAGES
Grantee Advantages
• Enhanced response to community FTZ needs
• Expedited zone designation
• Lower costs to users
• Reduced fees to FTZ Board
• Significant reduction time from application to receiving FTZ designation
User Advantages
• Faster return on investment (up to three times)
• Expanded "service area" coverage — available to new counties
• Expedited zone start-up
• Lower initial investment cost
• Lowers participation barriers to small and medium sized businesses
National Advantages
• In response to the benefits of the modified program, forty -five {45) zones in the
U.S. have either applied or been accepted as ASF zones to date (including the
FTZs in upstate South Carolina, Northern Virginia and three in Georgia).
• The ASF program is simpler through clearer regulatory provisions, flexibility in
meeting the speed of business today, and more predictability for zone
administrators and users.
• Coupled with the President's recent National Export Initiative (NEI), there should
be increased interest in the FTZ program as it mutually supports the trade goals
by maximizing the potential for U.S. exporters and manufacturers.
For all of these reasons, more than 250 communities throughout the United States support
and rely on the benefits that the FTZ program offers public as well as private entities.
Tentative plans & schedule for the ASF application from FTZ #93
• Presentation-to RTRP EDAC and other related organizations - June.
• Letters to counties in RTRP (Regions J, K and M) to obtain commitments to
support the ASF application to expand the service area for FTZ #93 — June.
• FTZ and ASF Seminar at Wake Tech, Cary Campus — July 15, 9 AM - Noon
• Application fee will be $1000.00 per county if not a TJCOG member.
Preparation of the application for the Alternative Site - Management Framework &
Submission of the draft application to US FTZ Board, September 2011.
6/6/2011
A Foreign Trade Zone (FTZ) is a very secure area in or near a port of entry that
is considered outside of US "commerce" but is under US Customs supervision. Site IA. WORLD TRADE PARK
The FTZ program was created in 1934 to provide special customs procedures i=iZ #93 HEADQUARTERS
to US companies engaged in international trade. The goal is to offset customs (85 acres). near Raleigh - Durham
advantages available to overseas producers competing with domestic industry. Airport. Raleigh, NC
Domestic and foreign. merchandise may be admitted to an FTZ without a
formal Customs entry. Goods in the Zone may be sorted -, manipulated, used in
manufacturing, inspected, combined with other domestic or foreign materials,
displayed for sale, and re- exported without payment of duty.
Subzones may be created if specific criteria are met. FTZ Subzones approved
under FTZ #93- include: Merck Sharpe and Dohrne Corp. locations in Wilson &
Durham Counties and Revlon Consumer Products located in Granville County.
Other Subzones in NC serve diverse industries.
Even small to medium -sized companies may take advantage of FTZ benefits
and cost�savings that include a provision for weekly entries with US Customs &
Border Protection. Duty and other fee savings as well as zone- to-zone transfers
are some of the many reasons to consider using the FTZ program.
On November 4, 1983, �¢
Triangle J Council of 1 { o r i g n t-ra d
Governments was approved
as grantee of Foreign Trade .
Zone #93. FTZ #93 is a full- service, multi -
site Zone serving the Greater Triangle Region. The Zone operator, Longistics
International, furnishes secure, customs- bonded space for products and
is able to expand its FTZ operations to other, approved locations including
a company's own plant site. FTZ #93 has facilities for storing, assembling,
manufacturing and displaying merchandise. Land is available for new industry
location.
The US FTZ Board and Triangle J Council of Governments' Rates, Tariff, & Legal
Review Board require that zone activities result in significant public benefit
and a net positive economic impact. FTZ #93 stimulates trade in the Greater
Triangle Region by creating new jobs in companies engaged in international
commerce and encouraging job creation in spin -off industries.
Contact:
Duane Long, Chairman: Longistics
Longistics International
P 0 Box 110007
Research Triangle Park. NC 27709
Phone: 919.872.7626
Toll-Free: 800.289.0082
Web: http: / /www.longistics.com
Email: duane@longistics.conn
Site 2. DUDSON CHINA, USA
(6 acres). in North Raleigh. NC
This site is at full- capacity.
Site 3. HOLLY SPRINGS BUSINESS
PARK
(240 acres). Holly Springs, NC
Contact:
Irena Krstanovic
Phone: 919.557.3923
Web: http: / /www.holiyspringsnc.org
Email:
irena .krstanovic @hollyspringsnc.us
5
A.OF THE FOREIGN TRADE ZONE PROGRAM
DEITY DEFERRAL
Customs duties are paid only when imported merchandise
is shipped -into US Customs territory. Merchandise may
be held in inventory in the FTZ without Customs, duty,
indetrnite9v. '
EXPQRTS
Customs duties are not paid on merchandise exported from
the FTZ to a foreign country.
DEFECTS DAMAGE, QRSOLESCENCE WASTE SCRAP
Customs duties are-significantly reduced or eliminated on
merchandise subject to defect, damage, obsolescence,
waste and scrap in the FTZ. In addition, merchandise
consumed in processing in the FTZ is generally not subject
to Customs duties.
NONDUTIABILITYOF LABOR OVERHEAD AND PROFIT
Customs duties are not owed on labor, overhead and profit
attributed to production operations in the FTZ.
INVERTED CUSTOMS DUTY SAVINGS
FTZ users may elect to pay the duty rate applicable to
component materials or merchandise produced from
component materials - whichever is the lower rate.
INTERNATIONAL - RETURNS
Merchandise exported and subsequently returned to the
FTZ is not subject to Customs duties upon return. It can be
repaired and re- exported without duty.
EXHIBITION
Merchandise -may be held for exhibition- without Customs
duty payments. Many companies use FTZ's as display areas
for merchandise and machinery.
US QUOTAS
Most merchandise may be held in the FTZ, even if it's
subject to US quotas. When the quota opens, the product
may be immediately shipped into the US Customs territory.
SIMPLIFIED IMPORTJE_XPORT PROCEDURES
Delays in Customs clearances and duty drawback
procedures are eliminated. Delivery times are reduced. by
direct shipments and the ability to do "weekly- entries" into
US commerce via Customs and Border Protection.
QUALITY CONTROL
The FTZ may be used for quality control inspections to
ensure that only products that meet specifications are
imported. Substandard goods can be destroyed before
duty is paid.
Sources: National Association of Foreign -Trade Zones http: / /www.naftz.org/
Miller& Company P.C. http.11www.millerco.com
Si CURITY & G RGO INSURANCE
Some FTZ users have negotiated up to 40% reduction in
cargo insurance rates because imported merchandise is
shipped directly to the FTZ, thus avoiding potential pilferage
at deep -water ports and major international airports. The
FTZ Operator is subject to Customs supervision and security
procedures, saving the FTZ users expenses for security and
insurance.
INVENTORY CONTROL
FTZ operations require careful accounting on receipt,
processing and shipment of merchandise. Firms find that
the increased accountability cuts down on problems with
inaccurate receiving and shipping as well as waste and
scrap. However, the specific identification of merchandise
is unnecessary in the FTZ, thereby saving on accounting
systems.
SPARE PARTS
Unneeded spare parts may either be returned to the foreign
vendor or destroyed, duty free.
TAX ADVANTAGES
By federal statute, tangible personal property imported
from outside the US or produced in the US and held in a
zone for export is not subject to state and local ad valorem
taxes. NC currently has no inventory tax but most states
exempt all FTZ merchandise from this tax.
ZONE- T0-ZONE TRANSFER
An increasing number of firms are transferring merchandise
from one zone to another. If the transfer is in -bond,
customs duty is not owed until the product is finally shipped
into the US.
TRANSFER OF TITLE
Title to merchandise may be transferred in the FTZ, as long
as there is no "retail" sale. The global supplier can own it
until it is shipped just -in -time to local manufacturers.
+CHANGING CIRCUMSTANCES
As US -laws and especially US Customs laws change,
location in an FTZ allows operators and users greater
flexibility in addressing these changing circumstances.
OTHER SAVING
Broker and merchandise processing fees may be reduced
by using the "weekly entry provision" of the FTZ program.
Certain duty deferral and reduction benefits also apply on
equipment admitted to the FTZ for assembly and testing
prior to use in production (e.g. racking systems, conveyors,
etc.)
0
PROPOSED FOREIGN TRADE ZONE #93
E .13
Sample Letter of - Support of ASF
Please put on County Letterhead
Date (Please provide by August 26, 2011)
Kirby Bowers, Executive Director
Triangle J Council of Governments
Post Office Box 12276
Research Triangle Park, NC 27709
Dear Mr. Bowers:
The purpose of this letter is to document the support of this county for inclusion within
the Service Area of Foreign Trade Zone (FTZ) #93. We understand that this means that
the grantee, Triangle J Council of Governments, will be able to apply to the US Foreign -
Trade Zones -Board for authority to serve sites located within this county based on the
trade related needs of businesses. We also note that the zone will be made available on a
uniform basis to companies in a manner consistent with the legal requirements that each
FTZ be operated as a public utility.
Sincerely,
Signed
Chairman, County Board of Commissioners
6/7/2011 10:3TAM