DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 207]
48 FR 4308
January 31, 1983
Resolution and Order Approving Application of New Hampshire State Port
Authority for a Foreign-Trade Zone in Portsmouth, New Hampshire, and
Special-Purpose Subzone for Nashua Corporation in Nashua and Merrimack,
New Hampshire
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 New Hampshire State Port
Authority, filed with the Foreign-Trade Zones Board (the Board) on January
22, 1982, requesting a grant of authority for establishing, operating, and
maintaining a general-purpose foreign-trade zone in Portsmouth, New
Hampshire, within the Portsmouth Customs port of entry, and for a special-
purpose subzone at the Nashua and Merrimack, New Hampshire plants of Nashua
Corporation, adjacent to the Lawrence 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 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. 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.
To Establish, Operate, and Maintain a Foreign-Trade Zone in Portsmouth, New
Hampshire, and a Subzone in Nashua and Merrimack, New Hampshire
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 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 a special-purpose subzone when existing zone facilities
cannot serve the specific use involved, and where a significant public
benefit will result;
Whereas, the New Hampshire State Port Authority (the Grantee) has made
application (filed January 22, 1982) in due and proper form to the Board,
requesting the establishment, operation, and maintenance of a general-purpose
foreign-trade zone in Portsmouth, New Hampshire, within the Portsmouth
Customs port of entry, and a special-purpose subzone at the Nashua and
Merrimack plants of Nashua Corporation, adjacent to the Lawrence Customs
port 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 satified;
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.
81 and Subzone No. 81A at the locations mentioned above and more
particularly described on the maps and drawings accompanying the
application in Exhibits IX and X, 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:
Activation of the foreign-trade zone and 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 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 manufactuing operations within
the zone or subzone not described in the application.
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 20th day of January 1983, pursuant to
Order of the Board.
Foreign-Trade Zone Board.
Malcom Baldridge,
Chairman and Executive Officer.
Attest:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR. Doc. 83-2578 Filed 1-28-83; 8:45 am]
BILLING CODE 3510-25-M