DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 373]
53 FR 7956
March 11, 1988
Resolution and Order Approving the Application of the Greater Gulfport/
Biloxi Foreign-Trade Zone, Inc. for a Special-Purpose Subzone for Moss
Point Marine, Inc. in Escatawpa, MI
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 Greater Gulfport/Biloxi
Foreign-Trade Zone, Inc., grantee of Foreign-Trade Zone 92, filed with the
Foreign-Trade Zones Board (the Board) on December 4, 1985, requesting
special-purpose subzone status for the shipyard of Moss Point Marine, Inc.,
within the Pascagoula 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 subject to the following conditions: (1) any steel plate,
angles, shapes, channels, rolled sheet stock, bars, pipes and tubes,
classified under Schedule 6, Part 2, Subp. B, TSUS, and not incorporated
under merchandise otherwise classified, and which is used in manufacturing
shall be subject to Customs duties in accordance with applicable law, if
the same item is then being produced by a domestic steel mill; and (2) in
addition to the annual report, Moss Point Marine, Inc., shall advise the
Board's Executive Secretary as to significant new contracts, with
appropriate information concerning foreign purchases otherwise dutiable,
so that the Board may consider whether any foreign dutiable items are
being imported for manufacturing in the subzone primarily because of
subzone status and whether the Board should consider requiring Customs
duties to be paid on such items.
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
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-81c) (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 Greater Gulfport/Biloxi Foreign-Trade Zone, Inc., grantee of
Foreign-Trade Zone No. 92, has made application (filed December 4, 1985,
FTZ Docket 42-85, 50 FR 51442) in due and proper form to the Board for
authority to establish a special-purpose subzone at the shipyard of Moss
Point Marine, Inc., in Escatawpa, Mississippi;
Whereas, notice of said application has been given and published, an 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 subject to the
conditions stated in the resolution accompanying this action;
Now, therefore, in accordance with the application filed December 4,
1985, the Board hereby authorizes the establishment of a subzone at the
shipyard of Moss Point Marine, designated on the records of the Board as
Foreign-Trade Subzone, No. 92A 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, and those stated in the
resolution accompanying this action, including the requirement that foreign
basis steel mill products shall be subject to Customs duties prior to
admission into the subzone if the same item is then being produced by a
domestic mill, and 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, and 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 4th day of March 1988,
pursuant to Order of the Board.
Foreign-Trade Zones Board.
Gilbert B. Kaplan,
Acting Assistant Secretary of Commerce For Enforcement and Compliance Chairman,
Committe of Alternates.
Attest:
John J. Da Ponte, Jr.
Executive Secretary.
[FR Doc. 88-5415 Filed 3-10-88; 8:45 am]
BILLING CODE 3510-DS-M