FTZ Board: four production decisions (Oct 2026)
Notification path under 15 CFR 400.22. Denied applicants need a 400.23 application. Dated Oct 27, 2026.
On October 27, 2026, the Foreign-Trade Zones Board decided four production-activity notifications under 15 CFR part 400: two authorized (Patheon API and Adtran) and two not authorized (Valero/Premcor and Aprinnova). The four notices were placed on public inspection October 29, 2026 at 8:45 a.m. and are scheduled for publication October 30, 2026 (FR Docs. 2026-22235, 2026-22237, 2026-22236, 2026-22234). Each is dated October 27, 2026, Colin Agostisi, Executive Secretary.
FTZ Board: Patheon and Adtran production authorized; Valero/Premcor and Aprinnova not authorized. Notification is not the same as a 400.23 application.
Notification versus application
These four matters began as notifications of proposed production activity under 15 CFR 400.22. When the Board decides no further review is warranted, it can authorize the described activity (subject to the FTZ Act and Board regulations, including section 400.14). When further review is warranted, the production activity described in the notification is not authorized; the applicant would need an application for production authority under section 400.23. The notices give no reasons for further review; this article does not speculate. Background: www.trade.gov/ftz.
Authorized: Patheon API (B-28-2026 / 2026-22235) · Adtran limited (B-35-2026 / 2026-22237)
Not authorized: Valero/Premcor (B-29-2026 / 2026-22236) · Aprinnova (B-25-2026 / 2026-22234) · 400.23 application path
Authorized: Patheon and Adtran
- Patheon API, Inc. (pharmaceutical products), Subzone 46K, Cincinnati, Ohio (B-28-2026; FR Doc. 2026-22235). Notified March 9, 2026; comment notice 91 FR 12341 (March 13, 2026). Board: no further review warranted at this time; production activity authorized subject to the FTZ Act and Board regulations, including section 400.14.
- Adtran, Inc. (telecommunications equipment), Subzone 83G, Huntsville, Alabama (B-35-2026; FR Doc. 2026-22237). Notified March 26, 2026; comment notice 91 FR 16180 (April 1, 2026). Authorized on a limited basis, subject to section 400.14 and a two-year time limit on electrically erasable programmable read-only memory integrated circuits and printed circuit boards as foreign-status components.
Not authorized: Valero/Premcor and Aprinnova
- Valero Energy Corporation on behalf of The Premcor Refining Group, Inc. (renewable fuels), Subzone 116C, Port Arthur, Texas (B-29-2026; FR Doc. 2026-22236). Notified March 10, 2026; comment notice 91 FR 12341 (March 13, 2026). Further review warranted; production activity not authorized. A 400.23 application would be required to seek authorization.
- Aprinnova LLC (cosmetic products), FTZ 214, Leland, North Carolina (B-25-2026; FR Doc. 2026-22234). Notified February 26, 2026; comment notice 91 FR 10370 (March 3, 2026). Further review warranted; not authorized; 400.23 application path to seek authorization.
For examples of the earlier notification stage (before a Board authorization or denial), see FTZ 155 Garwood power plant production notification and FTZ proposed production: Metal Container and Pratt & Whitney.
FTZ procedures and duty drawback are separate duty-management tools. Companies whose FTZ production activity was not authorized can still evaluate other options such as drawback where the requirements are met. Neither path invents specific savings from these notices alone. See five drawback types and how to file a duty drawback claim.
Action items
- Map authorized activity to the notice limits: Patheon under section 400.14; Adtran under 400.14 plus the two-year EEPROM/PCB foreign-status component limit.
- Treat Valero/Premcor and Aprinnova as not authorized for the notified activity until a 400.23 application is filed and granted.
- Compare FTZ versus drawback as separate compliance designs; do not claim project-specific savings from these notices.
- FR Docs. 2026-22234/35/36/37: four FTZ Board production decisions dated Oct 27, 2026. Public inspection Oct 29; scheduled publication Oct 30, 2026.
- Authorized: Patheon API (Subzone 46K pharmaceuticals) and Adtran (Subzone 83G telecom, limited, with two-year EEPROM/PCB foreign-status limit).
- Not authorized: Valero/Premcor (Subzone 116C renewable fuels) and Aprinnova (FTZ 214 cosmetics). Further review warranted; 400.23 application path.
- FTZ and drawback are separate duty tools; denied FTZ production does not invent savings, and drawback remains a separate option where requirements are met.
- Foreign-Trade Zone (FTZ) 46; Authorization of Production Activity; Patheon API, Inc.; (Pharmaceutical Products); Cincinnati, Ohio (FR Doc. 2026-22235; B-28-2026) · Foreign-Trade Zones Board
- Foreign-Trade Zone (FTZ) 83; Authorization of Production Activity; Adtran, Inc.; (Telecommunications Equipment); Huntsville, Alabama (FR Doc. 2026-22237; B-35-2026) · Foreign-Trade Zones Board
- Production Activity Not Authorized; Foreign-Trade Zone (FTZ) 116; Valero Energy Corporation on behalf of The Premcor Refining Group, Inc.; (Renewable Fuels); Port Arthur, Texas (FR Doc. 2026-22236; B-29-2026) · Foreign-Trade Zones Board
- Production Activity Not Authorized; Foreign-Trade Zone (FTZ) 214; Aprinnova LLC; (Cosmetic Products); Leland, North Carolina (FR Doc. 2026-22234; B-25-2026) · Foreign-Trade Zones Board
- Foreign-Trade Zones · International Trade Administration
- 15 CFR Part 400 - Regulations of the Foreign-Trade Zones Board · eCFR
This article is for general information and is not legal or tax advice. Drawback eligibility depends on your specific facts, and final refunds are determined by CBP at liquidation. Consult a licensed customs broker or attorney for your situation.