DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 389]
53 FR 27058
July 18, 1988
Resolution and Order Approving the Application of the Community Development
Foundation for a Foreign-Trade Zone in Findlay, OH, and a Subzone at Sites
in Findlay and Moraine, OH
TEXT: Resolution and Order
Proceedings of the Foreign-Trade Zones Board, Washington, DC.
Pursuant to the authority granted in the Foreign-Trade Zones Act of
January 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 Community Development Foundation,
an Ohio non-profit corporation, filed with the Foreign-Trade Zones Board
(the Board) on October 7, 1986, requesting a grant of authority for
establishing, operating, and maintaining a general-purpose foreign-trade
zone in Findlay, Ohio, adjacent to the Toledo Customs port of entry, and
special-purpose subzone sites at the tire manufacturing plant of Cooper
Tire and Rubber Company in Findlay, Ohio, and at its distribution facility
in Moraine, Ohio, the Board, finding that the requirements of the Foreign-
Trade Zones Act, as amended, and the Board's regulations are satisfied,
and, finding that the general-purpose zone proposal is in the public
interest, and that the special-purpose subzone proposal would in the
public interest if approval were given subject to certain restrictions,
approves the general-purpose zone and approves the special-purpose subzone
subject to the following conditions:
1. Cooper Tire shall elect privileged foreign status (19 CFR 146.65) on
foreign steel tire cord (not classifiable as a textile product) and foreign
steel mill products prior to manipulation or manufacturing, if the same
items are being produced by a domestic plant.
2. Cooper Tire shall make Customs entry for consumption on any foreign
textile products, including polyester tire cord, prior to admission into
the subzone for manipulation or manufacturing, so that there will be
no exemption from quota, visa or license requirements applicable to
foreign textile products in the subzone.
3. Cooper Tire shall elect privileged foreign status on any foreign
merchandise that is subject to antidumping or countervailing duty orders
at the time of admission to the subzone.
As the general-purpose zone proposal involves open space on which
buildings may be constructed by parties other than the grantee, this
approval includes authority to the grantee to permit the erection of such
buildings, pursuant to @ 400.815 of the Board's regulations, as are
necessary to carry out the zone proposal, providing that prior to its
granting such permission it shall have the concurrences of the local
District Director of Customs, the U.S. Army District Engineer, when
appropriate, and the Board's Executive Secretary. Further, the grantee
shall notify the Board for approval prior the the commencement of any
manufacturing operation within the general-purpose zone. 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, DC
Grant To Establish, Operate, and Maintain a Foreign-Trade Zone in Findlay,
Ohio, With Subzone Sites in Findlay and Moraine, Ohio
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 Community Development Foundation (the Grantee), an Ohio
non-profit corporation, has made application (filed October 7, 1986, FTZ
Docket 31-86, 51 FR 37617) in due and proper form to the Board, requesting
the establishment, operation, and maintenance of a foreign-trade zone in
Findlay, Ohio, adjacent to the Toledo Customs port of entry, and a
special-purpose subzone for the tire manufacturing and distribution
facilities of Cooper Tire and Rubber Company in Findlay and Moraine, Ohio;
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 (15 CFR Part 400) would be satisfied and that the
proposal would be in the public interest if approval is given subject to
the condition in the resolution accompanying this action;
Now, Therefore, the Board hereby grants to the Grantee the privilege of
establishing, operating, and maintaining a foreign-trade zone and subzone,
designated on the records of the Board as Zone No. 151 and Subzone No. 151A,
at the locations mentioned above and more particularly described on the
maps and drawings accompanying the application in Exhibits IX and X, subject
to the provisions, conditions, and restrictions of the Act and the
regulations, and to those stated in the resolution accompanying this
action, and also to the following express conditions and limitations:
Operation of the foreign-trade zone and subzone shall be commenced by the
Grantee within a reasonable time from the date of issuance of the grant, and
prior thereto the Grantee shall obtain all necessary permits from federal,
state, and municipal authorities.
The Grantee shall allow officers and employees of the United States free
and unrestricted access to and throughout the foreign-trade zone and
subzone sites in the performance of their official duties.
The grant does not include authority for manufacturing within the
general-purpose zone, and the Grantee shall notify the Board for approval
prior to the commencement of any manufacturing operations within the
general-purpose zone, and any new manufacturing within the subzone.
The grant shall not be construed to relieve the Grantee from liability
for injury or damage to the person or property of others occasioned by the
construction, operation, or maintenance of said zone, 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 the Army District 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 at Washington, DC, this 6th day of July 1988, pursuant to Order of
the Board.
Foreign-Trade Zones Board.
C. William Verity,
Chairman and Executive Officer.
Attest:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 88-16097 Filed 7-15-88; 8:45 am]
BILLING CODE 3510-DS-M