DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
Order No. 443
54 FR 46097
November 1, 1989
Resolution and Order Approving the Application of the Puerto Rico
International Distribution Center and Free Zone, Inc. for a Foreign Zone in
Ponce, Puerto Rico; 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 Puerto Rico International
Distribution Center and Free Zone, Inc., a non-profit corporation involving
the City of Ponce and the Ponce Chamber of Commerce, filed with the
Foreign-Trade Zones Board (the Board) on January 20, 1988, requesting a
grant of authority for establishing, operating, and maintaining a
general-purpose foreign-trade zone in Ponce, Puerto Rico, within the Ponce
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, approves
the application.
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 zone. 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, Operate, and Maintain a Foreign-Trade Zone
in Ponce, Puerto Rico
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 Puerto Rico International Distribution Center and Free Zone,
Inc., (the Grantee) has made application (filed January 20, 1988, FTZ
Docket 4-88, 53 FR 3411) in due and proper form to the Board, requesting
the establishment, operation, and maintenance of a foreign-trade zone in
Ponce, Puerto Rico, within the Ponce 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) are satisfied;
Now, therefore, the Board hereby grants to the Grantee the privilege of
establishing, operating, and maintaining a foreign-trade zone, designated on
the records of the Board as Zone No. 163, at the location 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 and the regulations issued thereunder, to the same
extent as though the same were fully set forth herein, and also the
following express conditions and limitations:
Operation of the foreign-trade zone shall be commenced by the Grantee
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.
The Grantee shall allow officers and employees of the United States free
and unrestricted access to and throughout the foreign-trade zone site in the
performance of their official duties.
The grant does not include authority for manufacturing operations, and
the Grantee shall notify the Board for approval prior to the commencement
of any manufacturing operations within the zone.
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 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 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 18th day of October, 1989, pursuant to
Order of the Board.
Foreign-Trade Zones Board.
Robert A. Mosbacher,
Secretary of Commerce, Chairman and Executive Officer.
Attest:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 89-25703 Filed 10-31-89; 8:45 am]
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