DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 297]
50 FR 13263
April 3, 1985
Resolution and Order Approving the Application of the Foreign-Trade Zone of
Southeast Texas, Inc., for a Special-Purpose Subzone Within the Beaumont
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 U.S.C. 81a-81u), the Foreign-Trade Zones Board has
adopted the following the following Resolution and Order:
The Board, having considered the matter, hereby orders:
After consideration of the application of the Foreign-Trade Zone of
Southeast Texas, Inc., filed with the Foreign-Trade Zones Board (the Board)
on November 8, 1984, requesting special-purpose subzone status for
Bethelehem Steel Corporation's Beaumont Shipyard in Jefferson County, Texas,
adjacent to the Beaumont 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, Bethlehem 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.
Grant of Authority To Establish a Foreign-Trade Subzone in Jefferson County,
TX, Adjacent to the Beaumont 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 Foreign-Trade Zone of Southeast, Texas, Inc., grantee of
Foreign-Trade Zone No. 115, has made application (filed October 30, 1984,
Docket No. 49-84, 49 FR 44779) in due and proper form to the Board for
authority to establish a special-purpose subzone at Bethlehem Steel
Corporation's Beaumont Shipyard in Jefferson County, Texas, adjacent to the
Beaumont 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 October 30,
1984, the Board hereby authorizes the establishment of a subzone at
Bethlehem's Beaumont Shipyard, designated on the records of the Board as
Foreign-Trade Subzone No. 115A 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 therefore.
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 20th day of March 1985, 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. 85-7892 Filed 4-2-85; 8:45 am]
BILLING CODE 3510-DS-M