15 CFR § 400.28 - Burden of proof.
---
identifier: "/us/cfr/t15/s400.28"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "15 CFR § 400.28 - Burden of proof."
title_number: 15
title_name: "Commerce and Foreign Trade"
section_number: "400.28"
section_name: "Burden of proof."
chapter_name: "FOREIGN-TRADE ZONES BOARD, DEPARTMENT OF COMMERCE"
part_number: "400"
part_name: "REGULATIONS OF THE FOREIGN-TRADE ZONES BOARD"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Foreign-Trade Zones Act of June 18, 1934, as amended (Pub. L. 73-397, 48 Stat. 998-1003 (19 U.S.C. 81a-81u))."
regulatory_source: "77 FR 12139, Feb. 28, 2012, unless otherwise noted."
cfr_part: "400"
---
# 400.28 Burden of proof.
(a) *In general.* An applicant must demonstrate to the Board that its application meets the criteria set forth in these regulations. Applications for production-related authority shall contain evidence regarding the positive economic effect(s) and significant public benefit(s) that would result from the proposed activity and may submit evidence and comments concerning policy considerations.
(b) *Comments on applications.* Comments submitted regarding applications should provide information that is probative and substantial in addressing the matter at issue relative to the nature of the proceeding, including any evidence of the projected direct impact of the proposed authority.
(c) *Requests for extensions of comment periods.* Requests for extensions of comment periods shall include a description of the potential impact of the proposed authority and the specific actions or steps for which additional time is necessary.
(d) *Responses to comments on applications.* Submissions in response to comments received during the public comment period or pursuant to § 400.33(e)(1) or § 400.34(a)(5)(iv)(A) should contain evidence that is probative and substantial in addressing the matter at issue.