DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 376]
53 FR 9957
March 28, 1988
Resolution and Order Approving the Application of the City of New Bedford,
MA for Foreign-Trade Subzones for Codman & Shurtleff, Inc.
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 City of New Bedford,
Massachusetts, grantee of FTZ 28, filed with the Foreign-Trade Zones Board
(the Board) on May 30, 1985, requesting special-purpose subzone status for
the testing, repair, and distribution facilities of Codman & Shurtleff,
Inc., in New Bedford, Avon and Randolph, Massachusetts, 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 Foreign-Trade Subzones for Codman &
Shurtleff, Inc., in New Bedford, Avon and Randolph, Massachusetts.
Whereas, by an Act of Congress approved June 18, 1934, and 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 subzone when existing zone facilities
cannot serve the specific use involved, and where a significant public
benefit will result;
Whereas, the City of New Bedford, Massachusetts, grantee of Foreign-
Trade Zones No. 28, has made application (filed May 30, 1985, Docket 16-85,
50 FR 24551) in due and proper form to the Board for authority to estblish
special-purpose subzones at the surgical instruments storage, testing and
repair facilities of Codman & Shurtleff, Inc., in New Bedford, Avon and
Randolph, Massachusetts;
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 May 30, 1985, as
amended on September 28, 1987, the Board hereby authorizes the establishment
of subzones at New Bedford, Avon and Randolph, Massachusetts, designated on
the records of the Board as Foreign-Trade Subzone Nos. 28A, 28B, and 28C at
the locations mentioned above and more particularly described on the maps
and drawings accompanying the applcation, 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 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 does not include authority for manufacturing operations, and
the Grantee shall notify the Board for approval prior to the commencement
of any manufacturing operations within the subzones.
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 facitities.
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 22nd day of March, 1988,
pursuant to Order of the Board.
Foreign-Trade Zones Board.
Gilbert B. Kaplan,
cting Assistant Secretary of Commerce for Enforcement and Compliance, Chairman,
Committee of Alternates.
[FR Doc. 88-6700 Filed 3-25-88; 8:45 am]
BILLING CODE 3510-DS-M