DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 249]
49 FR 19688
May 9, 1984
Resolution and Order Approving the Application of the Greater Dayton
Foreign-Trade Zone, Inc. for a Foreign-Trade Zone in Dayton, Ohio
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 Greater Dayton Foreign-
Trade Zone, Inc., a nonprofit Ohio corporation affiliated with the City of
Dayton, Montgomery County and the Dayton Area Chamber of Commerce, filed
with the Foreign-Trade Zones Board (the Board) on May 24, 1983, requesting
a grant of authority for establishing, operating, and maintaining a general-
purpose foreign-trade zone in Dayton, Ohio, within the Dayton 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
Dayton, Ohio
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 Greater Dayton Foreign-Trade Zone, Inc. (the Grantee), a
non-profit Ohio Corporation affiliated with the City of Dayton, Montgomery
County and the Dayton Area Chamber of Commerce, has made application (filed
May 24, 1983, Docket No. 17-83, 48 FR 26491) in due and proper form to the
Board, requesting the establishment, operation, and maintenance of a
foreign-trade zone in Dayton, Ohio, within the Dayton 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. 100 at the location 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 site 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 1st day of May 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. 84-12533 Filed 5-8-84 8:45 am]
BILLING CODE 3510-25-M