DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
53 FR 37012
September 23, 1988
Resolution and Order Approving the Application of the Dallas/Fort Worth
International Airport Board for a Special-Purpose Subzone in Athens, Texas
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 Dallas/Fort Worth
International Airport Board, grantee of FTZ 39, filed with the Foreign-Trade
Zones Board (the Board) on November 9, 1987, and amended on January 29,
1988, requesting special-purpose subzone status for the television
manufacturing plant of Harvey Industries, Inc. (HII), located in Athens,
Texas, 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 a restriction is adopted
requiring that full Customs duties be paid on foreign television picture
tubes, approves the application subject to the condition that HII be
required to elect privileged foreign status (19 CFR 146.41) on all such
picture tubes used at the facility that are sourced abroad.
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 a Foreign-Trade Subzone in Athens, Texas
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 Dallas/Fort Worth International Airport Board, grantee of
Foreign-Trade Zone No. 39, has made application (filed November 9, 1987,
FTZ Docket 32-87, 52 FR 44620, and amended on January 29, 1988, 53 FR 3411)
in due and proper form to the Board for authority to establish a special-
purpose subzone at the television manufacturing plant of Harvey Industries,
Inc., located in Athens, Texas;
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, in accordance with the application filed November 9,
1987, the Board hereby authorizes the establishment of a subzone at the
television manufacturing plant of Harvey Industries, Inc., in Athens,
Texas, designated on the records of the Board as Foreign-Trade Subzone No.
39A, 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 to those stated in the resolution accompanying this action,
and also 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, 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 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 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 or his delegate at Washington, DC, this 16th day of September,
1988, pursuant to Order of the Board.
Foreign-Trade Zones Board.
Jan W. Mares,
Assistant Secretary of Commerce for Enforcement and Compliance, Chairman,
Committee of Alternates.
Attest:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 88-21822 Filed 9-22-88; 8:45 am]
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