DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 418]
54 FR 1751
January 17, 1989
Resolution and Order Approving the Application of the Virginia Port
Authority for a Foreign-Trade Subzone at the Stihl Plant in Virginia
Beach, VA
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 Virginia Port Authority,
grantee of FTZ 20, filed with the Foreign-Trade Zones Board (the Board) on
February 27, 1987, requesting special-purpose subzone status for the chain
saw and power tool manufacturing plant of Stihl, Inc., in Virginia Beach,
Virginia, adjacent to the Norfolk-Newport News Customs port of entry, 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, provided approval is subject to
the condition that Stihl be required to elect privileged foreign status
with respect to all foreign merchandise admitted to the subzone for the
manufacture of chain saws, approves the application, subject to the
foregoing condition.
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.
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 Virginia Port Authority, grantee of Foreign-Trade Zone
20, has made application (filed February 27, 1987, FTZ Docket 3-87, 52 FR
9514), in due and proper form to the Board for authority to establish a
special-purpose subzone at the chain saw and power tool manufacturing plant
of Stihl, Inc. (Stihl), located in Virginia Beach, Virginia;
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 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 February 27,
1987, the Board hereby authorizes the establishment of a subzone at the
Stihl plant, designated on the records of the Board as Foreign-Trade
Subzone No. 20A 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 regulations, the condition in the resolution accompanying this
action, and 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 the Grantee shall
obtain all necessary permits 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 the Grantee from liability
for injury or damage to the person or property of others occasioned by the
construction, operation, or maintenance of said subzone, 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 and has caused its
name to be signed and its seal to be affixed hereto by its Chairman and
Executive Officer at Washington, DC, this 5th day of January, 1989,
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.
[FR Doc. 89-1003 Filed 1-13-89; 8:45 am]
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