DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 347]
52 FR 10246
March 31, 1987
Resolution and Order Approving the Application of the Illinois International
Port District, for Three Special-Purpose Subzones in the Chicago Customs
Port of Entry Area
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 Illinois International Port
District, grantee of FTZ 22, filed with the Foreign-Trade Zones Board (the
Board) on December 20, 1985, requesting special-purpose subzone status for
three sugar-product processing plants of Power Packaging, Inc. (PPI) in the
Chicago, Illinois area, adjacent to the Chicago 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 two 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) Power Packaging must elect domestic or privileged foreign status, as
appropriate, with respect to foreign sugar that is used to manufacture
products that are not covered by U.S. sugar program import quotas as
designated in Presidential Proclamation 5294, as revised in Presidential
Proclamation 5340 (TSUS Nos. 958.16, 958.17, and 958.18);
(3) Because of the special circumstances of this case, this action will
not be considered a precedent for other FTZ Board actions involving sugar or
sugar-containing products.
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 Foreign-Trade Subzones in Du Page and
Kane Counties, IL, Adjacent to the Chicago 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 Illinois International Port District, formerly the Chicago
Regional Port District, grantee of Foreign-Trade Zone No. 22, has made
application (filed December 20, 1985, Docket 45-85, 51 FR 774) in due and
proper form to the Board for authority to establish special-purpose subzones
at the three food processing plants of Power Packaging, Inc., located at
sites in Du Page and Kane Counties, Illinois, adjacent to the Chicago
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 accompanying this action;
Now, therefore, in accordance with the application filed December 20,
1985, the Board hereby authorizes the establishment of subzones at three
plants of Power Packaging, Inc., in the Chicago area, designated on the
records of the Board as Foreign-Trade Subzone Nos. 22C, 22D, and 22E 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 subzones 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 subzones 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 subzones,
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 23rd day of March 1987
pursuant to Order of the Board.
Paul Freedenberg,
Assistant Secretary of Commerce for Trade Administration, Chairman,
Committee of Alternates, Foreign-Trade Zones Board.
Attest:
John J.DaPonte, Jr.,
Executive Secretary.
[FR Doc. 87-6977 Filed 3-30-87; 8:45 am]
BILLING CODE 3510-DS-M