DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 448]
54 FR 47246
November 13, 1989
Resolution and Order Approving the Application of the Quad-City Foreign-
Trade Zone, Inc., for Special-Purpose Subzone Status at Maytag Plants in
Galesburg and Herrin, IL, and Newton, IA; 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 Quad-City Foreign-Trade
Zone, Inc., grantee of Foreign-Trade Zone 133, filed with the Foreign-Trade
Zones Board (the Board) on April 25, 1988, requesting special-purpose
subzone status at the large home appliance manufacturing plants of Maytag
Corporation in Galesburg and Herrin, Illinois, and Newton, Iowa, 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 certain restrictions,
approves the application, subject to the following restrictions:
1. Privileged foreign status shall be elected on foreign steel mill
products prior to manipulation or manufacturing in the subzones, if the
same items are being produced by a domestic plant.
2. Privileged foreign status shall be elected on foreign refrigeration
compressors prior to manipulation or manufacturing in the subzones.
3. Privileged foreign status shall be elected on any foreign merchandise
that is subject to antidumping or countervailing duty orders at the time of
admission to the subzones.
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 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 Quad-City Foreign-Trade Zone, Inc., grantee of Foreign-Trade
Zone 133, has made application (filed April 25, 1988, FTZ Docket 22-88, 53
FR 16303), in due and proper form to the Board for authority to establish
special-purpose subzones at the large appliance manufacturing plants of
Maytag Corporation, located in Galesburg and Herrin, Illinois, and Newton,
Iowa, adjacent to the Quad-Cities, St. Louis, and Des Moines Customs ports
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 would be satisfied and that the proposal would be in
the public interest if approval were given subject to the restrictions in
the resolution accompanying this action;
Now, therefore, in accordance with the application filed April 25, 1988,
the Board hereby authorizes the establishment of subzones at the Maytag
plants in Galesburg and Herrin, Illinois, and Newton, Iowa, designated on
the records of the Board as Foreign-Trade Subzone Nos. 133A, 133B, and 133C
respectively, at the locations 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 issued thereunder, to the restrictions in the resolution
accompanying this action, and also to the following express conditions and
limitations:
Activation of the subzones 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 subzones 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 subzones, 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 1st day of November, 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. 89-26512 Filed 11-9-89; 8:45 am]
BILLING CODE 3510-DS-M