DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 393]
53 FR 52454
December 28, 1988
Resolution and Order Approving the Application of the Indiana Port
Commission for a Foreign-Trade Zone in Burns Harbor, IN, and a Subzone
for Caterpillar in Lafayette, IN
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 Indiana Port Commission,
an Indiana public corporation, filed with the Foreign-Trade Zones Board
(the Board) on October 17, 1986, requesting a grant of authority for
establishing, operating, and maintaining a general-purpose foriegn-trade
zone in Burns Harbor, Indiana, adjacent to the Chicago Customs port of
entry, and a special-purpose subzone for the engine manufacturing plant of
Caterpillar Tractor Company in Lafayette, Indiana, 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.
As the 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 Section
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
to the commencement of any manufacturing operation within the 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.
Grant to Establish, Operate, and Maintain a Foreign-Trade Zone and
Subzone in Burns Harbor and Lafayette, IN
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 Indiana Port Commission (the Grantee), has made application
(filed October 17, 1986, FTZ Docket 32-86, 51 FR 39772) in due and proper
form to the Board, requesting the establishment, operation, and maintenance
of a foreign-trade zone in Burns Harbor, Indiana, adjacent to the Chicago
Customs port of entry, and a special-purpose subzone for the engine
manufacturing plant of Caterpillar Tractor Company in Lafayette, Indiana;
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) are satisfied and that the proposal
is in the public interest;
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. 152 and Subzone No. 152A,
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
issued thereunder, to the same extent as though the same were fully set
forth herein, 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 9th day of December, 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. 88-29812 Filed 12-27-88; 8:45 am]
BILLING CODE 3510-DS-M