DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 202]
47 FR 47452
October 26, 1982
Resolution and Order Approving the Application of the Greater Burlington
Industrial Corporation for a Foreign-Trade Subzone in St. Albans, Vt.,
Within the St. Albans Customs Port of Entry
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 Greater Burlington
Industrial Corporation, grantee of Foreign-Trade Zone 55, filed with the
Foreign-Trade Zones Board (the Board) on June 25, 1981, requesting
authority to establish a special-purpose subzone or the garment
manufacturing facility of Pedigree USA, Inc., in St. Albans, Vermont,
within the St. Albans 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 subject to the following conditions: (1)
transformation of foreign merechandise resulting in a change of the
country of origin is prohibited; (2) the operations shall be conducted in
a manner compatible with the administration of textile and apparel quotas
and visas.
As the proposal involves the possible construction of expanded facilities
by parties other than the grantee, this approval includes authority to the
grantee to permit such construction pursuant to section 400.815 of the
Board's regulations, providing that prior to its granting 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 other than ornamenting and finishing of skiwear 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 of Authority to Establish a Foreign-Trade Subzone in St. Albans,
Vermont, Within the St. Albans 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 foeign-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 (15 C.F.R. 400.304) provide for the
establishment of special-purpose subzones when existing zone facilities
cannot serve the specific use involved, and where a significant public
benefit will result;
Whereas, the Greater Burlington Industrial Corporation, grantee of
Foreign-Trade Zone 55, Burlington, Vermont, has made application (filed
June 25, 1981) indue and proper form to the Board for authority to
establish a special-purpose subzone at the garment manufacturing facility
of Pedigree USA, Inc. in St. Albans, Vermont, within the St. Albans 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, pursuant to its authority to restrict or prohibit
operations detrimental to the public interest (19 U.S.C. 81o), considered
the possible impact of the proposed subzone on the Textile and Apparel
Import Quota Program; and,
Whereas, the Board has found that the requirements of the Act and the
Board's regulations would be satisfied and that the proposal would be in
the public interest if certain restrictions are adopted;
Now, therefore, in accordance with the application filed June 25, 1981,
the Board hereby authorizes the establishment of a subzone at the
manufacturing facility of Pedigree USA, Inc. in St. Albans, Vermont,
designated on the records of the Board as Foreign-Trade Subzone 55A at the
location mentioned above and more particularly described on the maps and
drawings accompanying the application, said grant of authority being
subject to the provisions 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:
Activation of subzone procedures at the facility shall be commenced
within a resonable time from the date of issuance of the grant, and prior
thereto, any necessary permits shall be obtained from Federal, State, and
municipal authorities.
Any manufacturing at the facility which results in a change in the
country of origin of foreign merchandise shall be prohibited. All
operations within the subzone shall be conducted in a manner compatible
with the administration of textile and apparel quotas and visas.
Officers and employees of the United States shall have 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 responsible parties 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 District Army 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 October 1982
pursuant to Order of the Board.
Foreign-Trade Zones Board.
Malcolm Baldrige,
Chairman and Executive Officer.
Attest:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 82-29363 Filed 10-25-82; 8:45 am]
BILLING CODE 3510-25-M