DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 439]
54 FR 38414
September 18, 1989
Resolution and Order Approving the Application of the Greater Kansas City
Foreign-Trade Zone, Inc., for a Special-Purpose Subzone at the Ortech Plant
in Kirksville, MO; Proceedings of the Foreign-Trade Zones Board,
Washington, DC
TEXT: 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 Greater Kansas City
Foreign-Trade Zone, Inc., grantee of FTZ 15, filed with the Foreign-Trade
Zones Board (the Board) on October 26, 1988, requesting special-purpose
subzone status at the auto components manufacturing plant of Ortech Company
located in Kirksville, Missouri, 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 given subject to a condition calling for monitoring to
ensure that the applicant proceeds with plans stated in the application as
to domestic sourcing, 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.
Grant of Authority To Establish a Foreign-Trade Subzone at the Ortech
Plant in Kirksville, MO
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 Greater Kansas City Foreign-Trade Zone, Inc., grantee of
Foreign-Trade Zone No. 15, has made application (filed October 26, 1988,
FTZ Docket 35-88, 53 FR 45137) in due and proper form to the Board for
authority to establish a special-purpose subzone at the motor vehicle
components manufacturing plant of Ortech Company located in Kirksville,
Missouri;
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 provided approval is given subject
to the condition in the resolution accompanying this action;
Now, therefore, in accordance with the application filed October 26,
1988, the Board hereby authorizes the establishment of a subzone at the
motor vehicle components manufacturing plant of Ortech in Kirksville,
Missouri, designated on the records of the Board as Foreign-Trade Subzone
No. 15C, 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, the Board's
Regulations, and 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, any necessary
permits shall be obtained from Federal, State, and municipal authorities.
Should the high level of domestic sourcing stated in the application not
occur, the Board could, upon public interest review, restrict or prohibit
further activity under subzone procedures.
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 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 District Army 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 11th day of September 1989,
pursuant to Order of the Board.
Foreign-Trade Zones Board.
Eric I. Garfinkel,
Assistant Secretary of Commerce for Enforcement and Compliance, Chairman,
Committee of Alternates.
Attest:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 89-21943 Filed 9-15-89; 8:45 am]
BILLING CODE 3510-DS-M