DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 233]
48 FR 52108
November 16, 1983
Resolution and Order Approving the Application of the Triangle J Council of
Governments for a Foreign-Trade Zone in Raleigh/Durham, North Carolina,
Adjacent to the Durham Customs Port of Entry
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 Triangle J Council of
Governments, a six-county intergovernmental association and a North Carolina
public corporation, filed with the Foreign-Trade Zones Board (the Board) on
April 29, 1983, requesting a grant of authority for establishing, operating,
and maintaining a general-purpose foreign-trade zone at sites in Durham and
Granville Counties and in Raleigh, North Carolina, adjacent to the Durham
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.
Grant to Establish, Operate, and Maintain a Foreign-Trade Zone in
Raleigh/Durham, North Carolina, Adjacent to the Durham 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 Triange J Council of Governments (the Grantee), a North
Carolina public corporation, has made application (filed April 29, 1983,
Docket No. 12-83, 48 FR 20458) in due and proper form to the Board,
requesting the establishment, operation, and maintenance of a foreign-trade
zone at sites in Durham County, Granville County and Raleigh, North
Carolina, adjacent to the Durham 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 (15 CFR Part 400) are satisfied;
Now, therefore, the Board hereby grants to the Grantee the privilege of
establishing, operating, and maintaining a foreign-trade zone, designated
on the records of the Board as Zone No. 93 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 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 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 manufacturing operations within
the zone.
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 4th day of November 1983, pursuant to
Order of the Board.
Foreign-Trade Zones Board.
Malcolm Baldrige,
Chairman and Executive Officer.
Attest:
John J. DaPonte,
Executive Secretary.
[FR Doc. 83-30806 Filed 11-15-83; 8:45 am]
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