DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 257]
49 FR 24757
June 15, 1984
Resolution and Order Approving the Application of the State of Delaware for
a Special-Purpose Subzone for J. Schoeneman Company in Wilmington, Delaware
TEXT: Proceedings 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 State of Delaware,
submitted through the Delaware Development Office, filed with the Foreign-
Trade Zones Board (the Board) on July 28, 1983, requesting special-purpose
subzone status for the textile processing and apparel manufacturing plant
of the Wilmington Division of J. Schoeneman Company, a division of Cluett,
Peabody and company, Inc., in Wilmington, Delaware, within 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 would be in the public interest if zone
activity is limited to nonmanufacturing operations, approves the application
subject to the condition that no activity shall be conducted under zone
procedures that would change Customs classification or country of origin on
merchandise.
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 Wilmington,
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 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 State of Delaware, grantee of Foreign-Trade Zone No. 99,
through the Delaware Development Office, has made application (filed July
28, 1983, Docket No. 29-83, 48 FR 37502) in due and proper form to the
Board for authority to establish a special-purpose subzone at the textile
processing plant of J. Schoeneman Company in Wilmington, Delaware, within
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 would be satisfied, and that the proposal would be in
the public interest if approval is given subject to the conditions stated
in the resolution accompanying this action;
Now, therefore, in accordance with the application filed July 28, 1983,
the Board hereby authorizes the establishment of a subzone at the
facilities of J. Schoeneman Company in Wilmington, Delaware, designated on
the records of the Board as Foreign-Trade Subzone No. 99A at the location
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:
Activities conducted under zone procedures shall be limited to non-
manufacturing processes.
Activation of the subzone 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 subzone 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 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 4th day of
June 1984 pursuant to Order of the Board.
Foreign-Trade Zones Board.
William T. Archey,
Assistant Secretary of Commerce for Trade Administration, Chairman,
Committee of Alternates.
Attest:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 84-16031 Filed 6-14-84; 8:45 am]
BILLING CODE 3510-DS-M