DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 160]
45 FR 43455
June 27, 1980
Resolution and Order Approving the Application of the Massachusetts Port
Authority, for a Foreign-Trade Subzone in Fall River, Mass.
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 Massachusetts Port
Authority, grantee of Foreign-Trade Zone No. 27 in Boston, filed with the
Foreign-Trade Zones Board (the Board) on February 28, 1980, requesting
authority for a special-purpose subzone for export operations at the
textile manufacturing plant of the Sterlingwale Corporation, 168 Stevens
Street, Fall River, Massachusetts, within the Fall River 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.
The Board's approval applies to the plant's export operations involving
greige material, corduroy cloth, and related activities. 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 Subzone in Fall
River, Mass.
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 Board's Regulations provide (15 CFR 400.304) that the
establishment of a foreign-trade subzone in an area separate from an
existing zone, for one or more of the specialized purposes of storing,
manipulating, manufacturing, or exhibiting goods may be authorized if the
Board finds that existing or authorized zones will not serve adequately
the convenience of commerce with respect to the proposed purposes;
WHEREAS, the Massachusetts Port Authority, Grantee of Foreign-Trade
Zone No. 27, Boston, Massachusetts (the Grantee) has made application
(filed February 28, 1980) in due and proper form to the Board for the
establishment, operation and maintenance of a foreign-trade subzone for
export operations at the textile manufacturing plant of the Sterlingwale
Corporation, 168 Stevens Street, Fall River, Masachusetts, within the Fall
River 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;
WHEREAS, the Board has further found that the existing zones in Boston
and New Bedford will not adequately accommodate the proposed operation;
NOW, THEREFORE, the Board hereby grants to the Massachusetts Port
Authority the privilege of establishing, operating, and maintaining a
foreign-trade subzone, for the above purpose, designated on the records of
the Board as Foreign-Trade Subzone No. 27A at the location mentioned above
and more particularly described on the maps and drawings accompanying the
application, 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:
The use of zone procedures at the facility shall be limited to
Sterlingwale's export operations involving the storage, cutting, preparing,
dyeing and finishing of grey fabric, including a 5 percent waste factor,
and foreign material brought into the zone shall be placed in
nonprivileged foreign status.
Operation of the foreign-trade 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 foreign-trade subzone
in the performance of their official duties.
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 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 20th day of Junel 1980,
pursuant to Order of the Board.
Foreign-Trade Zones Board.
Philip M. Klutznick,
Chairman and Executive Officer.
Attest:
John J. DaPonte, Jr.
Executive Secretary.
[FR Doc. 80-19354 Filed 6-26-80; 8:45 am]