DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 329]
51 FR 16367
May 2, 1986
Resolution and Order Approving the Application of the Hawaii State Department
of Planning and Economic Development for a Subzone at the Maui Pineapple
Facility in Kahului, HI; Proceedings of the Foreign-Trade Zones Board,
Washington, DC
TEXT: 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 Hawaii State Department of
Planning and Economic Development, submitted on behalf of the State of
Hawaii, grantee of Foreign-Trade Zone 9, filed with the Foreign-Trade Zones
Board (the Board) on October 18, 1985, requesting subzone status for the
pineapple cannery of Maur Pineapple Company, Ltd., in Kahului, Maui, Hawaii,
within the Kahului 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 Kahului, Hawaii
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 USC 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 Hawaii State Department of Planning and Economic
Development, on behalf of the State of Hawaii, grantee of Foreign-Trade
Zone No. 9, has made application (filed October 18, 1985, Docket 37-85,
50 CFR 45137) in due and proper form to the Board for authority to establish
a special-purpose subzone at the pineapple cannery and can-making facility
of Maui Pineapple Company, Ltd., in Kahului, Hawaii, within the Kahului
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 October 18,
1985, the Board hereby authorizes the establishment of a subzone at the
facilities of Maui Pineapple Company in Kahului, Hawaii, designated on the
records of the Board as Foreign-Trade Subzone No. 9D 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 25th day of April 1986,
pursuant to Order of the Board.
Foreign-Trade Zones Board
Paul Freedenberg,
Assistant Secretary of Commerce for Trade Administration, Chairman,
Committee of Alternates.
[FR Doc. 86-9926 Filed 5-1-86; 8:45 am]
BILLING CODE 3510-DS-M