DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 267]
49 FR 32884
August 17, 1984
Resolution and Order Approving the Application of the Board of Harbor
Commissioners of the City of Long Beach for a Foreign-Trade Subzone for
National Steel and Shipbuilding Company in San Diego, CA, Within the San
Diego Customs Port of Entry
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 considerd the matter, hereby orders:
After consideration of the application of the Board of Harbor
Commissioners of the City of Long Beach, grantee of Foreign-Trade Zone 50,
filed with the Foreign-Trade Zones Board (the Board) on March 6, 1984,
requesting authority on behalf of National Steel and Shipbuilding Company
(NASSCO) for FTZ subzone status at the NASSCO shipyard in San Diego,
California, within the San Diego 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 approval is subject to certain conditions, approves
the application subject to the following conditions: (1) Any steel plate,
angles, shapes, channels, rolled sheet stock, bars, pipes and tubes,
classified under Schedule 6, Part 2, Subp. B, TSUS, and not incorporated
into merchandise otherwise classified, and which is used in manufacturing
shall be subject to Customs duties in accordance with applicable law, if
the same item is then being produced by a domestic steel mill; and (2) in
addition to the annual report, NASSCO shall advise the Board's Executive
Secretary as to significant new contracts with appropriate information
concerning foreign purchases otherwise dutiable, so that the Board may
consider whether any foreign dutiable items are being imported for
manufacturing in the subzone primarily because of subzone status and
whether the Board should consider requiring Customs duties to be paid on
such items.
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.
Foreign-Trade Zones Board, Washington, D.C., Grant of Authority To
Establish a Foreign-Trade Subzone in San Diego, California, Within the San
Diego 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 an
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 Board of Harbor Commissioners of the City of Long Beach,
grantee of Foreign-Trade Zone No. 50, has made application (filed March 6,
1984, Docket No. 7-84, 49 FR 9246) in due and proper form to the Board for
authority to establish a special-purpose subzone at the shipyard of the
National Steel and Shipbuilding Company (NASSCO), in San Diego, California,
within the San Diego 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 if approval is given subject to the
conditions stated in the resolution accompanying this action;
Now, therefore, in accordance with the application filed March 6, 1984,
the Board hereby authorizes the establishment of a subzone at NASSCO's San
Diego shipyard, designated on the records of the Board as Foreign-Trade
Subzone No. 50B 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:
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 10th day of
August 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, Foreign-Trade Zones Board.
Attest:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 84-21879 Filed 8-16-84; 8:45 am]
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