DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 248]
49 FR 19368
May 7, 1984
Resolution and Order Approving the Application of the State of Delaware for
a Foreign-Trade Zone in Wilmington and Kent County, Delaware
TEXT: Resolution and Order
Proceedings of the Foreign-Trade Zones Board, Washington, D.C.
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 State of Delaware,
submitted through the Delaware Development Office, filed with the Foreign-
Trade Zones Board (the Board) on April 5, 1983, and amended on September
19, 1983, requesting a grant of authority for establishing, operating, and
maintaining a general-purpose foreign-trade zone in Wilmington and Kent
County, adjacent to the Wilmington 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
Wilmington and Kent County, Delaware
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 State of Delaware (the Grantee), through the Delaware
Development Office, has made application (filed April 5, 1983, Docket No.
9-83, 48 FR 16927) in due and proper form to the Board, which was amended
on September 19, 1983 (48 FR 43365), requesting the establishment,
operation, and maintenance of a foreign-trade zone in Wilmington and Kent
County, Delaware, adjacent to the Wilmington 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 C.F.R. 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. 99 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 27th day of April 1984, pursuant
to Order of the Board.
Foreign-Trade Zones Board.
Malcolm Baldrige,
Chairman and Executive Officer.
Attest:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 84-12286 Filed 5-4-84; 8:45 am]
BILLING CODE 3510-25-M