DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 412]
54 FR 165
January 4, 1989
Resolution and Order Approving the Application of the City of Weslaco,
TX, for a General-Purpose Zone and Three Subzones in Waslaco, TX
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 (the
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 Weslaco, Texas,
filed with the Foreign-Trade Zones Board (the Board) on October 21, 1987,
requesting a grant of authority for establishing, operating, and maintaining
a general-purpose foreign-trade zone in Weslaco, Texas, adjacent to the
Progreso Customs port of entry, and requesting special-purpose subzone
status for three food product processing facilities of McManus Produce
Company, Gulf DeBruyn Produce Company, and Sundor Brands, Inc., located in
Weslaco, 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 approval were subject
to the condition that Sundor be required to elect privileged foreign status
(19 CFR 146.41) on all foreign merchandise admitted to the Sundor subzone,
including citrus juice products, approves the application subject to the
foregoing restriction.
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 @ 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 general-purpose zone
or within the McManus of Gulf DeBruyn subzones, and before the commencement
of any new manufacturing within the Sundor subzone. 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
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 City of Weslaco, Texas (the Grantee) has made application
(filed October 21, 1987, FTZ Docket 25-87, 52 FR 42328) in due and proper
form to the Board, requesting the establishment, operation, and maintenance
of a foreign-trade zone, and subzones at three food processing plants, in
Weslaco, Texas, adjacent to the Progreso Customs port of entry;
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 conditions 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 subzones,
designated on the records of the Board as Zone No. 156 and Subzone Nos.
156A (McManus site), 156B (Gulf DeBruyn site), and 156C (Sundor site), 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, the Board's
regulations, the resolution accompanying this action, and the following
express conditions and limitations:
Operation of the foreign-trade zone and subzones 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 subzones.
I11The 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 28th day of December, 1988,
pursuant to Order of the Board.
Foreign-Trade Zones Board.
Donna Tuttle,
Acting Chairman and Executive Officer.
Attest:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 89-82 Filed 1-3-89; 8:45 am]
BILLING CODE 3510-DS-M