DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 449]
54 FR 48009
November 20, 1989
Resolution and Order Approving the Application of the Greater Dayton
Foreign-Trade Zone, Inc., for Special-Purpose Subzones at General Motors
Plants in Dayton and Kettering, OH; 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 Greater Dayton Foreign-
Trade Zone, Inc., grantee of Foreign-Trade Zone 100, filed with the Foreign-
Trade Zones Board (the Board) on June 28, 1988, requesting special-purpose
subzone status at the industrial motors and automotive components plants of
the Delco Products Division of General Motors Corporation, located in
Dayton and Kettering, Ohio, adjacent to the Dayton 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 that privileged foreign
status is elected on any foreign merchandise subject to antidumping and
countervailing duty orders upon their admission to the plants, 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 Foreign-Trade Subzones at the General Motors Plants in Dayton
and Kettering, Ohio
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 Dayton Foreign-Trade Zone, Inc., grantee of
Foreign-Trade Zone 100, has made application (filed June 28, 1988, FTZ
Docket 24-88, 53 FR 25647) in due and proper form to the Board for
authority to establish special-purpose subzones at plants of General Motors
Corporation (Delco Products Division) located in Dayton and Kettering,
Ohio, adjacent to the Dayton 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 would be satisfied and that the proposal would be in the
public interest if approval were given subject to the restriction in the
resolution accompanying this action;
Now, Therefore, in accordance with the application filed June 28, 1988,
the Board hereby authorizes the establishment of a subzone at the General
Motors plants in Dayton and Kettering, Ohio, designated on the records of
the Board as Foreign-Trade Subzone Nos. 100A and 100B 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 restriction 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 9th 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. 89-27188 Filed 11-17-89; 8:45 am]
BILLING CODE 3510-DC-M