DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 454]
54 FR 50257
December 5, 1989
Resolution and Order Approving With Restrictions, the Application of
Greater Kansas City Foreign-Trade Zone, Inc.
TEXT: Proceedings of the Foreign-Trade Zones Board, Washington, DC.
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 21, 1989, requesting special-purpose
subzone status for the small engine manufacturing plant of Kawasaki Motors
Manufacturing Corporation, U.S.A. (KMM), located in Nodaway County,
Missouri. adjacent the Kansas City 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 approval is subject to certain conditions,
approves the application subject to the following conditions:
1. With regard to all foreign merchandise admitted to the subzone for the
manufacture of small industrial engines, KMM shall elect privileged foreign
status (19 CFR 146.41) beginning two years from the date of subzone
activation.
2. Prior to the expiration of the foregoing two-year time period, the
Board shall conduct a review to determine whether KMM is adhering to the
domestic sourcing plan stated in the application, and whether there is no
significant evidence of harmful economic effects; and, a two-year extension
of the original period shall be considered if a positive determination is
made on both these factors.
3. KMM shall elect privileged foreign status on any foreign merchandise
subject to antidumping and countervailing duty orders upon its admission to
the subzone.
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 Kawasaki
Small Engine Plant in Nodaway County, Missouri, Adjacent to the Kansas City
Customs Port of Entry
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 U.S.C. 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 21, 1988, FTZ
Docket 33 88, 53 FR 43912) in due and proper form to the Board for authority
to establish a specal-purpose subzone at the small engine manufacturing
plant (small industrial engines and engines for Kawasaki motorcycles,
jetskis and all-terrain vehicles) of Kawasaki Motors Manufacturing
Corporation, U.S.A. (KMM), located in Nodaway County, Missouri, adjacent to
the Kansas City 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 provided approval is given subject to the restrictions
in the resolution accompanying this action;
Now therefore, in accordance with the application filed October 21,
1989, the Board hereby authorizes the establishment of a subzone at
Kawasaki's small engine plant in Nodaway County, Missouri, designated on
the records of the Board as Foreign-Trade Subzone No. 15E, 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 and the Regulations issued
thereunder, to the restrictions in the resolution accompanying this action,
and also to the following expressed 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.
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 27th 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. DaPonte, Jr.,
Executive Secretary.
[FR Doc. 89-28347 Filed 12-4-89; 8:45 am]
BILLING CODE 3510-DS-M