DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 322]
51 FR 3356
January 27, 1986
Resolution and Order Approving the Application of the Louisville and
Jefferson County Riverport Authority for a Special-Purpose Subzone in
Lexington, KY, Adjacent to the Louisville Customs Port of Entry
TEXT: Proceedings of the Foreign-Trade Zones Board, Washington, DC.
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 Louisville and Jefferson
County Riverport Authority, grantee of Foreign-Trade Zone 29, filed with the
Foreign-Trade Zones Board (the Board) on April 2, 1985, requesting special-
purpose subzone status for the typewriter and printer manufacturing plant
of International Business Machines Corporation in Lexington, Kentucky,
adjacent to the Louisville 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 is in the public
interest, approves the application.
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 for International
Business Machines Corporation in Lexington, Kentucky
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 Louisville and Jefferson County Riverport Authority, grantee
of Foreign-Trade Zone No. 29, has made application (filed April 2, 1985,
Docket No. 7-85, 50 FR 16329) in due and proper form to the Board for
authority to establish a special-purpose subzone at the typewriter and
printer manufacturing plant of International Business Machines Corporation
(IBM) in Lexington, Kentucky, adjacent to the Louisville 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 are satisfied;
Now, therefore, in accordance with the application filed April 2, 1985,
the Board hereby authorizes the establishment of a subzone at the IBM plant
in Lexington, Kentucky, designated on the records of the Board as Foreign-
Trade Subzone No. 29D at the locations 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 to 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, DC this 13th day of January 1986,
pursuant to Order of the Board.
Foreign-Trade Zones Board.
Paul Freedenberg,
Assistant Secretary of Commerce for Trade Administration, Chairman,
Committee of Alternates.
Attest:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 86-1640 Filed 1-24-86; 8:45 am]
BILLING CODE 3510-DS-M