DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 441]
54 FR 38415
September 18, 1989
Resolution and Order Approving the Application of the Port Authority of
New York and New Jersey for a Special-Purpose Subzone at the Squibb
Pharmaceutical Plant in New Brunswick, NJ; 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
(the Board) has adopted the following Resolution and Order:
The Board, having considered the matter, hereby orders:
After consideration of the application of the Port Authority of New York
and New Jersey, grantee of Foreign-Trade Zone 49, filed with the Foreign-
Trade Zones Board (the Board) on November 28, 1988, requesting special-
purpose subzone status for the pharmaceutical manufacturing plant of E. R.
Squibb & Sons, Inc., in New Brunswick, New Jersey, adjacent to the New York
Customs port of entry, 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 at the Squibb
Pharmaceutical Plant in New Brunswick, NJ
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 Port Authority of New York and New Jersey, grantee of
Foreign-Trade Zone 49, has made application (filed November 28, 1988, FTZ
Docket 38-88, 53 FR 50045), in due and proper form to the Board for
authority to establish a special-purpose subzone at the pharmaceutical
manufacturing plant of E. R. Squibb & Sons, Inc., in New Brunswick, New
Jersey;
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 are satisfied;
Now, therefore, in accordance with the application filed November 28,
1988, the Board hereby authorizes the establishment of a subzone at the
Squibb plant in New Brunswick, New Jersey, designated on the records of the
Board as Foreign-Trade Subzone No. 49C 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 provsions and
restrictions of the Act and regulations, 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 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 futher 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 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. 21944 Filed 9-15-89; 8:45 am]
BILLING CODE 3510-DS-M