Tariff No. 5 - Section 2
General Information
Item No. 201—Application and Interpretation of Tariff.
(a) The rules, regulations, indemnity and insurance provisions, rates, fees, and charges contained in this Tariff shall apply at the Zone, unless otherwise stated in writing in an agreement with Grantee.
(b) Grantee’s Operator shall be the sole judge to interpret and determine the applicability of any rates, regulations, or services provided for in this Tariff, except that any interpretation of action by CBP or another agency of the United States government will be determined by the duly appointed representative of such agency.
Item No. 202—Consent to Terms of Tariff.
The use of the Zone or the Zone’s services shall constitute consent to the terms and conditions of this Tariff, amendments hereto, and reissues hereof, and shall constitute an agreement between Grantee and each FTZ User, FTZ Operator, or Subzone Operator to: (i) pay all charges in accordance with this Tariff relating to use of the Zone, and (ii) be governed by all rules, regulations, terms, and conditions contained in this Tariff.
Item No. 203—Compliance with Laws.
(a) Grantee and all persons and entities entering, leaving, or conducting activities within the Zone are governed by and must comply with any and all applicable (a) provisions of the Act, as amended, (b) laws, rules, and regulations of the FTZ Board and CBP, and (c) laws, rules, regulations, ordinances, and directives of federal, state, and local government entities with jurisdiction over the Zone or the activities of FTZ Users, FTZ Operators, and Subzone Operators.
(b) The rules in this Tariff governing activities within the Zone are intended to be issued in conformity with and supplementary to the Act and other laws, rules, and regulations applicable to foreign-trade zone operations. Accordingly, this Tariff will control activities within and relating to the Zone to the extent not in direct conflict with the Act, Tariff No. 12, or other applicable federal, state, or local laws, rules, or regulations.
Item No. 204—Copies of Zone Tariff.
Copies of this Tariff shall be maintained on file with the FTZ Board, and shall be made available at the Main Office and at https://www.porteverglades.net/development/tariff.
Item No. 205—Port Everglades Tariff.
Tariff No. 12 shall be applicable to all Zone FTZ Users, FTZ Operators, and Subzone Operators that are not governed by either: (a) the terms of this Tariff (Tariff No. 5), (b) an FTZ User Agreement, (c) an FTZ Operator Agreement, or (d) a Subzone Operator Agreement.
Item No. 206—Availability of Information.
The laws, regulations, and other information relating to foreign-trade zones in the United States can be found on the official website of the International Trade Administration at https://www.trade.gov/foreign-trade-zones-board.
Item No. 207—Zone to be Operated as a Public Utility.
All rates and charges for services and privileges within the Zone shall be reasonable, and Grantee shall afford uniform treatment under like terms and conditions, as are now in force or may hereafter be promulgated, to all who may apply for the use of the Zone and its facilities and appurtenances.
Item No. 208—Business Hours.
Grantee’s Operator personnel will be available for FTZ Users from 8:00 a.m. to 4:30 p.m., Monday through Friday, except holidays as set forth in Item 209 of this Tariff. Additional services, labor, and materials provided by Grantee‘s Operator on behalf of any FTZ User will be charged to the FTZ User in accordance with the rates set forth in Section Six of this Tariff.
Item No. 209—Holidays.
When reference is made in this Tariff to holidays, it means those days observed by Grantee. The current holiday list is available at https://www.broward.org/Commission/Pages/Closings.aspx.
Item No. 210—Approval of FTZ User, FTZ Operator, and Subzone Operator Agreements.
(a) Approval by Grantee of all FTZ User Agreements, FTZ Operator Agreements, and Subzone Operator Agreements shall be handled pursuant to the Broward County Administrative Code and all other applicable federal, state, and local laws, rules, and regulations. Grantee, as lessor, may lease space that encourages and facilitates foreign commerce for, among other things, storage of cargo and merchandise, or for handling, processing, manipulating, and manufacturing cargo or other property.
(b) Forms of FTZ User Agreements, FTZ Operator Agreements, and Subzone Operator Agreements containing the standard terms and conditions for the Zone are available upon request from the Port Everglades Department’s Business Development Division. All FTZ User Agreements, FTZ Operator Agreements, and Subzone Operator Agreements must be approved as to form by the Office of the County Attorney with the concurrence of the Port Everglades Department’s Risk Manager. An applicant for an FTZ User Agreement, FTZ Operator Agreement, or Subzone Operator Agreement must establish its creditworthiness to the satisfaction of Grantee.
(c) Prior to commencing activity in the Zone, any FTZ User, FTZ Operator, and Subzone Operator must enter into a properly executed agreement with Grantee. The agreement will include the assessment of charges and outline the rights and obligations between Grantee and the FTZ User, FTZ Operator, or Subzone Operator. The Chief Executive and Port Director of Grantee’s Operator is authorized, on behalf of Grantee, to execute FTZ User Agreements, FTZ Operator Agreements, and Subzone Operator Agreements, provided the duration of the applicable agreement does not exceed five (5) years in duration. Agreements exceeding five (5) years in duration must be approved by the Broward County Board of County Commissioners.
Item No. 211—Subzones; Boundary Modifications; Expansions.
(a) Grantee may consider requests for modifications or expansions of the boundaries of the Zone or the establishment of Subzones, provided all requirements of Grantee, the FTZ Board, and CBP are met. A boundary modification is a change to existing Zone boundaries that does not substantially expand Zone operations. An expansion is a change in the Zone that results in an increase of the Zone’s geographical area. FTZ Users, FTZ Operators, and Subzone Operators of proposed modified or expanded Zone spaces may be required to submit documentation to assist Grantee in assessing the request for the change in the Zone’s boundary, and must furnish Grantee with any requested information and documentation reasonably requested by Operator’s Grantee to assess and effectuate any Zone modification or expansion. Grantee has the sole discretion to determine whether an application for a Zone modification or Zone expansion will be submitted to FTZ Board, as applicable.
(b) The Chief Executive and Port Director of Grantee’s Operator is authorized to submit applications for Minor Modifications of boundaries to the FTZ Board on behalf of Grantee.
(c) All persons and entities requesting an expansion or boundary modification under this item shall be responsible for all applicable federal, state, and local application fees and expenses.