DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 223]
48 FR 43061
September 21, 1983
Resolution and Order Approving the Application of the Metropolitan
Nashville-Davidson County Port Authority for a Special-Purpose Subzone in
Lebanon, Tennessee, Adjacent to the Nashville 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 Metropolitan Nashville-
Davidson County Port Authority, grantee of Foreign-Trade Zone 78, filed with
the Foreign-Trade Zones Board (the Board) on October 26, 1982, requesting
authority for a special purpose subzone at the television and microwave oven
manufacturing facility and Toshiba America, Inc., in Lebanon, Tennessee,
adjacent to the Nashville Customs port of entry, the Board, finding that
the requirements of the Foreign-Trade Zones Act, as amended, and the Board's
regulations would be satisfied and that the proposal would be in the public
interest if a restriction is adopted requiring that full Customs duties be
paid on foreign television picture tubes used at the facility, approves the
application subject to the condition that Toshiba be required to elect
privileged foreign status (19 CFR 146.21) on all such picture tubes used at
the facility that are sourced abroad.
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 Lebanon,
Tennessee, adjacent to the Nashville 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 of entry under
the jurisdiction of the United States;
Whereas, the Board's regulations (15 CFR) 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 Metropolitan Nashville-Davidson County Port Authority,
grantee of Foreign-Trade Zone No. 78, Nashville, has made application
(filed October 26, 1982, Docket 26-82, 47 FR 50001) in due and proper form
to the Board requesting a special-purpose subzone at the television and
microwave oven manufacturing facilities of Toshiba America, Inc. in
Lebanon, Tennessee, adjacent to the Nashville 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, 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 competing domestic
industries; and
Whereas, the Board has found that the requirements of the Act and the
Board's regulations are satisfied and that the proposal would be in the
public interest if a restriction is adopted requiring that full Customs
duties be paid on foreign television picture tubes used at the facility;
Now, therefore, in accordance with the application filed October 26,
1982, the Board hereby authorizes the establishment of a subzone at the
manufacturing facilities of Toshiba America, Inc., in Lebanon, Tennessee,
designated on the records of the Board as Foreign-Trade Subzone No. 78B 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 reasonable time from the date of issuance of the grant, and prior
there to, any necessary permits shall be obtained from Federal, State, and
municipal authorities.
Any foreign picture tubes used at the facility shall be dutiable at the
full rate applicable to such tubes (foreign privileged status), unless the
finished product is exported.
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 or his delegate at Washington, D.C. this 15th day of
September 1983 pursuant to Order of the Board.
Foreign-Trade Zones Board.
Lawrence J. Brady,
Assistant Secretary of Commerce for Trade Administration, Chairman,
Committee of Alternates.
Attest: John J. Da Ponte
John J. Da Ponte,
Executive Secretary.
[FR Doc. 83-25676 Filed 9-20-83; 8:45 am]
BILLING CODE 3570-25-M