DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 163]
45 FR 58637
September 4, 1980
Resolution and Order Approving the Application of the Lincoln Foreign
Trade Zone, Inc., for a Foreign-Trade Zone and a Special-Purpose Subzone
in Lincoln, Nebr.
TEXT: Proceedings of the Foreign-Trade Zones Board, Washington, D.C.
Resolution and Order
Pursuant to the authority granted in the Foreign-Trade Zones Act of
June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones
Board has adopted the following Resolution and Order:
The Board, having considered the matter, hereby orders:
After consideration of the application of the Lincoln Foreign Trade
Zone, Inc., Lincoln, Nebraska, filed with the Foreign-Trade Zones Board
on December 6, 1979, requesting a grant of authority for establishing,
operating, and maintaining a general-purpose foreign-trade zone to be
located at the Lincoln Airpark West industrial park and a special-purpose
subzone to be established at the manufacturing plant of Kawasaki Motors
Corp., U.S.A. (KMC), 5600 NW 27th Street, Lincoln, the Board, finding that
the requirements of the Foreign-Trade Zones Act, as amended, and the
Board's regulations are satisfied, and that the proposal is in the public
interest, approves the application.
As the proposal includes industrial park and open space on which
buildings may be constructed by parties other than the grantee, this
approval includes authority to the grantee to permit the erection of such
buildings, pursuant to Section 400.815 of the Board's regulations, as are
necessary to carry out the zone proposal, providing that prior to its
granting such permission it shall have the concurrences of the local
District Director of Customs, the U.S. Army District Engineer, when
appropriate, and the Board's Executive Secretary. Further, the grantee
shall notify the Board's Executive Secretary for approval prior to the
commencement of any manufacturing operation within the zone or subzone
sites other than that which is set out in the application. The Secretary
of Commerce, as Chairman and Executive Officer of the Board, is hereby
authorized to issue a grant of authority and appropriate Board Order.
Grant To Establish, Operate, and Maintain a Foreign-Trade Zone and a
Special-Purpose Subzone in Lincoln, Nebr.
Whereas, by an Act of Congress approved June 18, 1934, an Act "To
provide for the establishment, operation, and maintenance of foreign-trade
zones in ports of entry of the United States, to expedite and encourage
foreign commerce, and for other purposes," as amended (19 U.S.C. 81a-81u)
(the Act), for Foreign-Trade Zones Board (the Board) is authorized and
empowered to grant to corporations the privilege of establishing,
operating, and maintaining foreign-trade zones in or adjacent to ports of
entry under the jurisdiction of the United States;
Whereas, the Lincoln Foreign Trade Zone, Inc. (the Grantee) has made
application (filed December 6, 1979) in due and proper form to the Board,
requesting the establishment, operation and maintenance of a general-
purpose foreign-trade zone and a special-purpose subzone at the Kawasaki
assembly plant, both sites being in Lincoln, Nebraska, and adjacent to the
Omaha Customs port of entry;
Whereas, notice of said application has been given and published, and
full opportunity has been afforded all interested parties to be heard; and
Whereas, the Board has found that the requirements of the Act and the
Board's Regulations (15 CFR Part 400) are satisfied;
Now, therefore, the Board hereby grants to the Grantee the privilege of
establishing, operating, and maintaining a foreign-trade zone and a
special-purpose subzone, designated on the records of the Board as Zone
No. 59 and Subzone No. 59A, at the locations mentioned above and more
particularly described on the maps and drawings accompanying the
application in Exhibits IX and X, said grant being subject to the
provisions, conditions, and restrictions of the Act and the Regulations
issued thereunder, to the same extent as though the same were fully set
forth therein and also to the following express conditions and limitations:
Operation of the foreign-trade zone and special-purpose subzone shall
be commenced by the Grantee within a reasonable time from the date of
issuance of the grant, and prior thereto the Grantee shall obtain all
necessary permits from Federal, State, and municipal authorities.
The Grantee shall allow officers and employees of the United States
free and unrestricted access to and throughout the zone and subzone sites
in the performance of their official duties.
The Grantee shall notify the Executive Secretary of the Board for
approval prior to the commencement of any manufacturing operations
within the zone or subzone.
The grant shall not be construed to relieve the Grantee from liability
for injury or damage to the person or property of others occasioned by
the construction, operation, or maintenance of said zone or subzone, and
in no event shall the United States be liable therefor.
The grant is further subject to settlement locally by the District
Director of Customs and the Army District Engineer with the Grantee
regarding compliance with their respective requirements for the protection
of the revenue of the United States and the installation of suitable
facilities.
In Witness Whereof, the Foreign-Trade Zones Board has caused its name
to be signed and its seal to be affixed hereto by its Chairman and
Executive Officer at Washington, D.C. this 27th day of August 1980,
pursuant to Order of the Board.
Foreign-Trade Zones Board
Philip M. Klutznick,
Chairman and Executive Officer.
Attest:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 80-26949 Filed 9-3-80; 8:45 am]