DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 290]
50 FR 13057
April 2, 1985
Resolution and Order Approving the Application of the City of Baltimore for
a Special-Purpose Subzone at Sparrows Point, MD, Within the Baltimore Customs
Port of Entry
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 USC 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 Baltimore,
Maryland, grantee of Foreign-Trade Zone 74, filed with the Foreign-Trade
Zones Board (the Board) on June 18, 1984, requesting special-purpose
subzone status for the shipyard of Bethlehem Steel Corporation at Sparrows
Point, Maryland, within the Baltimore 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
incorported 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, Bethlehem shall advise the
Board's Executive Secretary as to significant new contracts, other than
for the TAKX project, 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.
Grant of Authority to Establish a Foreign-Trade Subzone at Sparrows Point,
Maryland, Within the Baltimore 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 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 Baltimore, Maryland, grantee of Foreign-Trade Zone
No. 74, has made application (filed June 18, 1984, Docket No. 33-84, 49
FR 26770) in due and proper form to the Board for authority to establish
a special-purpose subzone at Bethlehem Steel Corporation's shipyard at
Sparrows Point, Maryland, within the Baltimore 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;
Now, therefore, in accordance with the application filed June 18, 1984,
the Board hereby authorizes the establishment of a subzone at Bethlehem's
Sparrows Point Shipyard, designated on the records of the Board as
Foreign-Trade Subzone No. 74A 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, and those stated in the
resolution accompanying this action, 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 at Washington, D.C. this 14th day of March 1985 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. 85-7788 Filed 4-1-85; 8:45 am]
BILLING CODE 3910-DS-M