DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 265]
49 FR 28589
July 13, 1984
Resolution and Order Approving the Application of the City of Memphis,
Tennessee, for a Foreign-Trade Subzone for Sharp in Memphis
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 City of Memphis,
Tennessee, grantee of Foreign-Trade Zone 77, filed with the Foreign-Trade
Zones Board (the Board) on December 15, 1983, requesting special-purpose
subzone status for the microwave oven and television manufacturing plant
of Sharp Manufacturing Company of America in Memphis, adjacent to the
Memphis Customs port of entry, the Board, finding that the requirements of
the Foreign-Trade Zones Act, as amended, and the Board's regulations would
be satisfied, and that the proposal would be in the public interest if a
restriction is adopted requiring that full Customs duties be paid on foreign
television picture tubes used at the facility, approves the application
subject to the condition that Sharp be required to elect privileged foreign
status (19 CFR 146.21) on all such picture tubes used at the facility that
are sourced abroad.
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 Memphis,
Tennessee
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 City of Memphis, Tennessee, grantee of Foreign-Trade Zones
No. 77, has made application (filed December 15, 1983, Docket No. 49-83,
48 FR 57346) in due and proper form to the Board for authority to establish
a special-purpose subzone at the microwave oven and television receiver
manufacturing plant of Sharp Manufacturing Company of America (Sharp),
located in Memphis, Tennessee, adjacent to the Memphis 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;
Whereas, the Board, pursuant to its authority to restrict or prohibit
operations detrimental to the public interest (19 U.S.C. 81o), considered
the possible impact of the proposed subzone on competing domestic
industries; and,
Whereas, the Board has found that the requirements of the Act and the
Board's regulations are satisfied, and that the proposal would be in the
public interest if a restriction is adopted requiring that full Customs
duties be paid on foreign television picture tubes used at the facility;
Now, therefore, in accordance with the application filed December 15,
1983, the Board herby authorizes the establishment of a subzone at the
manufacturing facilities of Sharp in Memphis, Tennessee, designated on the
records of the Board as Foreign-Trade Subzones No. 77A 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:
Any foreign picture tubes used at the facility shall be dutiable at the
full rate applicable to such tubes (privileged foreign status), unless the
finished product is exported.
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 2nd day of July
1984 pursuant to Order of the Board.
Dated: July 2, 1984.
Foreign-Trade Zones Board.
Alan F. Holmer,
Acting Assistant Secretary of Commerce for Trade Administration, Chairman,
Committee of Alternates.
Attest:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 84-18560 Filed 7-12-84; 8:45 am]
BILLING CODE 3510-DS-M