DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 155]
45 FR 27802
April 24, 1980
Resolution and Order Approving the Application of the City of Oakland, for
a Foreign-Trade Zone in Oakland, Calif.
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 Zone
Board has adopted the following Resolution and Order:
The Board, having considered the matter, hereby orders:
After consideration of the application of the City of Oakland, a
California municipal corporation filed with the Foreign-Trade Zones Board
(the Board) on October 12, 1979, requesting a grant of authority for
establishing, operating, and maintaining a general-purpose foreign-trade
zone in Oakland, California, within the San Francisco/Oakland 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 includes industrial park 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 either zone site. 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 Within the
City of Oakland, Calif.
WHEREAS, by an Act of Congress approved June 18, 1934, an Act "To
provide for the establishment, operation, and maintance 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 of entry under
the jurisdiction of the United States;
WHEREAS, the City of Oakland (the Grantee) has made application (filed
October 12, 1979) in due and proper form to the Board, requesting the
establishment, operation and maintenance of a foreign-trade zone on a
13-acre site being developed as an International Trade Center within the
City, which is within the San Francisco/Oakland Customs port of entry;
WHEREAS, the present and potential need for zone services within the
City of Oakland will not be adequately served by the two other existing
zones within the port of entry in San Francisco and San Jose;
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 satisified;
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. 56 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 18th day of April 1980,
pursuant to Order of the Board.
Foreign-Trade Zones Board.
Philip M. Klutznick,
Chairman and Executive Officer.
[FR Doc. 80-12616 Filed 4-23-80; 8:45 am]