DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 332]
51 FR 18468
May 20, 1986
Resolution and Order Approving the Application of the County of Erie, NY,
for a Foreign-Trade Subzone for the Ink Manufacturing Facilities of Greater
Buffalo Press, Inc., in Chautauqua County, NY
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 County of Erie, New York,
grantee of Foreign-Trade Zone 23, filed with the Foreign-Trade Zones Board
(the Board) on June 10, 1985, requesting special-purpose subzone status for
the ink manufacturing facilities of Greater Buffalo Press, Inc. (GBP) in
Chautauqua County, New York, adjacent to the Buffalo-Niagara Falls 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 for five years from the
commencement of subzone operations, subject to the following conditions:
(1) Authority for the subzone may be extended after a review by the Board;
(2) GBP must elect privileged foreign or domestic status, as appropriate,
with respect to pigment prior to its use in the production of ink to be
sold in commercial quantities in the domestic market for use other than by
GBP or a GBP susidiary;
(3) GBP must elect privileged foreign or domestic status, as appropriate,
with respect to pigment prior to its use in the production of ink, once
shipments of ink containing foreign pigment to GBP or a GBP subsidiary exeed
21 million pounds on an annual basis; (4) GBP will make available to the
Customs Service on request its records, or the records of any of its
subsidiaries that relate to the production, shipment, and sale of ink and
will post a bond deemed adequate by the Customs Service to protect the
revenue; and, (5) Because of the special circumstances of this case, this
action will not be considered a precedent for other FTZ Board actions
involving printing ink or pigments.
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.
Foreign-Trade Zones Board Washington, D.C., Grant of Authority
To Establish a Foreign-Trade Subzone at the Ink Manufacturing Facilities of
Greater Buffalo Press, Inc., in Chautauqua County, New York, Adjacent to the
Buffalo-Niagara Falls 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 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 County of Erie, New York, grantee of Foreign-Trade Zone
No. 23, has made application (filed June 10, 1985, Docket No. 20-85, 50
FR 27472) in due and proper form to the Board for authority to establish
a special-purpose foreign-trade subzone at the ink manufacturing facilities
of Greater Buffalo Press, Inc., in Chautauqua County, New York;
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 accompanying this action;
Now, therefore, in accordance with the application filed June 10, 1985,
the Board hereby authorizes the establishment of a special-purpose subzone
at the facilities of Greater Buffalo Press, Inc. in Dunkirk and Sheridan,
Chautauqua County, New York, designated on the records of the Board as
Foreign-Trade Subzone No. 23B 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, 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 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 May 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. 86-11336 Filed 5-19-86; 8:45 am]
BILLING CODE 3510-DS-M