DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 323]
51 FR 3356
January 27, 1986
Resolution and Order Approving the Application of the North Carolina State
Department of Commerce for a Special-Purpose Subzone in Mecklenburg County,
NC, Adjacent to the Charlotte 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 North Carolina State
Department of Commerce, grantee of Foreign-Trade Zone 57, filed with the
Foreign-Trade Zones Board (the Board) on June 5, 1985, requesting authority
for a special-purpose subzone for the printer, banking equipment and
electronic assemble manufacturing plant of International Business Machines
Corporation in Mecklenburg County, North Carolina, adjacent to the Charlotte
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 in Mecklenburg
County, North Carolina, Adjacent to the Charlotte 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 North Carolina State Department of Commerce, grantee of
Foreign-Trade Zone No. 57 has made application (filed June 5, 1985, Docket
No. 18-85, 50 FR 27472) in due and proper form to the Board for authority to
establish a special-purpose subzone at the printer and electronic equipment
manufacturing plant of International Business Machines Corporation (IBM) in
Mecklenburg County, North Carolina, adjacent to the Charlotte 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 June 5, 1985,
the Board hereby authorizes the establishment of a subzone at the IBM plant
in Mecklenburg County, North Carolina, designated on the records of the
Board as Foreign-Trade Subzone No. 57A 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 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, 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. 86-1639 Filed 1-24-86; 8:45 am]
BILLING CODE 3510-DS-M