---
kind: "range"
citation: "15 C.F.R. §§ 400.31–400.32"
title: "15"
from: "400.31"
to: "400.32"
count: 2
url: "https://uscodex.org/cfr/15/400.31..400.32"
---

# §400.31. General application provisions and pre-docketing review.

- (a) **In general.** Sections [400.31-400.36](/cfr/15/400.31-400.36.md) and [400.38](/cfr/15/400.38.md) outline the procedures to be followed in docketing and processing applications submitted under §§ [400.21](/cfr/15/400.21.md), [400.23](/cfr/15/400.23.md), [400.24(b)](/cfr/15/400.24.md?p=b), and [400.25](/cfr/15/400.25.md). In addition, these sections set forth the time schedules which will ordinarily apply in processing applications. The schedules will guide applicants with respect to the time frames for each of the procedural steps involved in the Board's review. Under these schedules, applications for subzone designation will generally be processed within 5 months (3 months for applications subject to [§ 400.36(f)](/cfr/15/400.36.md?p=f)) and applications to establish or expand zones will generally be processed within 10 months. The general timeframe to process applications for production authority is 12 months, but additional time is most likely to be required for applications requesting production authority when a complex or controversial issue is involved or when the applicant or other party has obtained a time extension for a particular procedural step. The timeframes specified apply from the time of docketing. Each applicant is responsible for submitting an application that meets the docketing requirements in a timeframe consistent with the applicant's need for action on its request.
- (b) **Pre-docketing review.** The applicant shall submit a complete copy of an application for pre-docketing review. The Executive Secretary shall determine whether the application satisfies the requirements of §§ [400.12](/cfr/15/400.12.md), [400.21](/cfr/15/400.21.md), and [400.23 through 400.25](/cfr/15/400.23..400.25.md) and other applicable provisions of this part such that the application is sufficient for docketing. The applicant shall be notified within 30 days whether the pre-docketing copy of the application is sufficient. If the application is not sufficient, the applicant will be notified of the specific deficiencies. An affected zone participant may also be contacted regarding relevant application elements requiring additional information or clarification. If the applicant does not correct the deficiencies and submit a corrected pre-docketing application copy within 30 days of notification, the pre-docketing application shall be discarded. For applications subject to [§ 400.29](/cfr/15/400.29.md), the fees shall be paid in accordance with [§ 400.29](/cfr/15/400.29.md) once the application is determined to be sufficient.

# §400.32. Procedures for docketing applications and commencement of case review.

- (a) Once the pre-docketing copy of the application is determined to be sufficient and any fees under [§ 400.29](/cfr/15/400.29.md) have been paid, the Executive Secretary shall within 15 days:
  - (1) Formally docket the application, thereby initiating the proceeding or review;
  - (2) Assign a case-docket number; and
  - (3) **Notify the applicant of the formal docketing action.**
- (b) After initiating a proceeding based on an application under §§ [400.21](/cfr/15/400.21.md) and [400.23 through 400.25](/cfr/15/400.23..400.25.md), the Executive Secretary shall:
  - (1) Designate an examiner to conduct a review and prepare a report or memorandum with recommendations for the Board;
  - (2) Publish in the Federal Register a notice of the formal docketing of the application and initiation of the review. The notice shall include the name of the applicant, a description of the proposal, and an invitation for public comment. If the application requests authority for production activity and indicates that a component to be used in the activity is subject to a trade-related measure or proceeding (e.g., AD/CVD order or proceeding, suspension of liquidation under AD/CVD procedures), the notice shall include that information. For applications to establish or expand a zone or for production authority, the comment period shall normally close 60 days after the date the notice appears. For applications for subzone designation, the comment period shall normally close 40 days after the date the notice appears. However, if a hearing is held (see [§ 400.52](/cfr/15/400.52.md)), the comment period shall not close prior to 15 days after the date of the hearing. The closing date for general comments shall ordinarily be followed by an additional 15-day period for rebuttal comments. Requests for extensions of a comment period will be considered, subject to the standards of [§ 400.28(c)](/cfr/15/400.28.md?p=c). Submissions must meet the requirements of [§ 400.28(b)](/cfr/15/400.28.md?p=b). With the exception of submissions by the applicant, any new evidence or new factual information and any written arguments submitted after the deadlines for comments shall not be considered by the examiner or the Board. Submission by the applicant of new evidence or new factual information may result in the (re)opening of a comment period. A comment period may otherwise be opened or reopened for cause;
  - (3) Transmit or otherwise make available copies of the docketing notice and the application to CBP;
  - (4) Arrange for hearings, as appropriate;
  - (5) Transmit the report and recommendations of the examiner and any comments by CBP to the Board for appropriate action; and
  - (6) Notify the applicant in writing (via electronic means, where appropriate) and publish notice in the Federal Register of the Board's determination.
- (c) Any comments by CBP pertaining to the application shall be submitted to the Executive Secretary by the conclusion of the public comment period described in [paragraph (b)(2)](#b-2) of this section.