DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 397]
53 FR 43747
October 28, 1988
Resolution and Order Approving the Application of the City of Flint,
Michigan for a Special-Purpose Subzone in Midland, 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 City of Flint, Michigan,
grantee of Foreign-Trade Zone 140, filed with the Foreign-Trade Zones Board
(the Board) on February 24, 1987, requesting special-purpose subzone status
for the Terfenadine manufacturing facility (Bldg. 827) at the Dow Chemical
Company plant in Midland, Michigan, 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 a Foreign-Trade Subzone in Midland,
Michigan
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 City of Flint, Michigan, grantee of Foreign-Trade Zone 140,
has made application (filed February 24, 1987, FTZ Docket 2-87, 52 FR 8634)
in due and proper form to the Board for authority to establish a special-
purpose subzone at the Terfenadine manufacturiing plant of Dow Chemical
Company, located in Midland, Michigan;
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;
NOW THEREFORE, in accordance with the application filed February 24,
1987, the Board hereby authorizes the establishment of a subzone at the
Terfenadine manufacturing plant of Dow Chemical Company in Midland,
Michigan, designated on the records of the Board as Foreign-Trade Subzone
No. 140B, 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 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 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 20th day of October 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.
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 88-24999 Filed 10-27-88; 8:45 am]
BILLING CODE 3510-05-M