DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 164]
45 FR 70037
October 22, 1980
Resolution and Order Approving Application of Border Industrial Development,
Inc. for a Foreign-Trade Zone in Nogales, Ariz.
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 Border Industrial
Development, Inc., Nogales, Arizona, filed with the Foreign-Trade Zones
Board (the Board) on February 26, 1980, requesting a grant of authority
for establishing, operating, and maintaining a general-purpose foreign-
trade zone in Nogales, Arizona, within the Nogales Customs port of entry,
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 involves an industrial park type zone that envisages
the possible construction of buildings 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 for approval prior to
the commencement of any manufacturing operation within the zone. 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 in
Nogales, Ariz., Within the Nogales Customs Port of Entry
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), the 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
to entry under the jurdiction of the United States;
Whereas, Border Industrial Development, Inc., (the Grantee), a
non-profit Arizona civic corporation, has made application (filed February
26, 1980) in due and proper form to the Board, requesting the
establishment, operation and maintenance of a foreign-trade zone in
Nogales, Arizona, within the Nogales 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, designated
on the records of the Board as Zone No. 60 at the location 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 herein, and also to the following express conditions and limitations:
Operation of the foreign-trade zone 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 foreign-trade zone site
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.
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, 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 15th day of October 1980,
pursuant to Order of the Board.
Foreign-Trade Zones Board.
Luther H. Hodges, Jr.,
Chairman and Executive Officer.
Attest:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 80-32908 Filed 10-21-80; 8:45 am]