DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 244]
49 FR 10322
March 20, 1984
Resolution and Order Approving the Joint Application of the BC/CAL/KAL
Inland Port Authority of South Central Michigan Development Corporation and
the Louisville and Jefferson County Port Authority for Subzone Status for
Clark Equipment Company Plants in Springfield and Oshtemo, Michigan, and in
Geogetown, Kentucky
TEXT: Proceeding 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 BC/CAL/KAL Inland Port
Authority of South Central Michigan Development Corporation, grantee of
Foreign-Trade Zone 43, Battle Creek, Michigan, and the Louisville and
Jefferson County Port Authority, grantee of Foreign-Trade Zone 29,
Louisville, Kentucky, filed with the Foreign-Trade Zones Board (the Board)
on May 12, 1983, requesting special-purpose subzone status for Clark
Equipment Company plants located in Springfield and Oshtemo, Michigan,
adjacent to the Battle Creek Customs port of entry, and Georgetown,
Kentucky, some 65 miles from the Louisville 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.
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 Springfield and
Oshtemo, Michigan, Adjacent to the Battle Creek Customs Port of Entry; and,
To Establish a Foreign-Trade Subzone in Georgetown, Kentucky, Adjacent to
the Louisville 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 BC/CAL/KAL Inland Port Authority of South Central Michigan
Development Corporation, on behalf of the City of Battle Creek, grantee of
Foreign-Trade Zone 43, and the Louisville and Jefferson County Port
Authority, grantee of Foreign-Trade Zone 29, have made a joint application
(filed May 12, 1983, Docket No. 15-83, 48 FR 22604) in due and proper form
to the Board requesting special-purpose subzone status for the forklift
truck manufacturing and distribution facilities of Clark Equipment Company
in Springfield and Oshtemo, Michigan, adjacent to the Battle Creek Customs
port of entry, and in Georgetown, Kentucky, some 65 miles from the
Louisville 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 are satisfied;
Now, therefore, in accordance with the application filed May 12, 1983,
the Board hereby authorizes the establishment of a subzone at Clark
Equipment Company's Springfield and Oshtemo, Michigan plants, designated on
the records of the Board as Foreign-Trade Subzone No. 43A, and a subzone
at Clark Equipment Company's Georgetown, Kentucky plant, designated on the
records of the Board as Foreign-Trade Subzone No. 29A, 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:
Approval of the Georgetown, Kentucky, subzone site is conditional upon
the subzone operator's signing an agreement with Customs to satisfy the
adjacency requirement. The Board shall take action to revoke the grant of
authority for this site, if such an agreement is not concluded within a
reasonable time from the date of issuance of this grant.
Activation of the 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 subzones 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 subzones,
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 12th day of
March 1984 pursuant to Order of the Board.
Foreign-Trade Zones Board.
William T. Archey,
Assistant Secretary of Commerce for Trade Administration, Chairman,
Committee of Alternatives.
Attest:
John J. DaPonte, Jr.,
Executive Secretary.
[FR Doc. 84-7462 Filed 3-19-84; 8:45 am]
BILLING CODE 3510-DS-M