DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 228]
48 FR 48486
October, 19, 1983
Resolution and Order Approving the Reorganization of Foreign-Trade Zone
18, San Jose, California, and Establishment of a Subzone; Resolution and
Order
TEXT: 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 City of San Jose,
California, grantee of Foreign-Trade Zone 18, filed with the Foreign-Trade
Zones Board (the Board) on July 8, 1983, requesting authority to reoganize
its zone project in San Jose, 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 reloaction of the
general-purpose zone facility, approves the special-purpose subzone for
Olympus Corporation, and approves a one-year extension of zone status for
Metal Processing Industries, Inc.
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.
Authority To Reorganize Foreign-Trade Zone 18, and Establish a Subzone in
San Jose, California
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 City of San Jose, California, grantee of Foreign-Trade
Zone No. 18, has made application (filed July 8, 1983, Docket 22-83, 48
FR 32617, July 18, 1983), to the Board for authority to reorganize its zone
project by relocating the public zone facility, continuing zone status for
Olympus Corporation, and establishing zone status as an annex for Metal
Processing Industries, Inc. (MPI). All facilities are located in San Jose,
California, within the San Francisco/Oakland 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 has found that the requirements of the Act and the
Board's regulations would be satisfied if approval of zone status for MPI
were limited to one year;
Now, Therefore, in accordance with the application filed July 8, 1983,
the board hereby authorizes the reorganization of Foreign-Trade Zone 18 in
San Jose, California, to include relocation of public warehousing
facilities, the establishment of a subzone for Olympus Corporation
designated on the records of the Board as Foreign-Trade Subzone No. 18A,
and a one-year extension of zone status for the MPI site, at the locations
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 the new zone site and subzones shall be commenced within a
reasonable time from the date of issuance of the grant, and prior thereto,
any necessary permits shall be obtained from Federal, State, and municipal
authorities.
Officers and employees of the United States shall have free and
unrestricted access to and throughout the foreign-trade zone subzones in
the performance of their official duties.
The grant shall not be construced 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 13th day of
October 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, Jr.,
Executive Secretary.
[FR Doc. 83-28497 Filed 10-18-83; 8:45 am]
BILLING CODE 3510-DS-M