DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 462]
55 FR 763
January 9, 1990
Resolution and Order Approving the Application of the Toledo-Lucas
County Port Authority for Special-Purpose Subzone Status at the Giant
Products Company Industrial Pumps Plant in Toledo, 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 Toledo-Lucas County Port
Authority, grantee of FTZ 8, filed with the Foreign-Trade Zones Board (the
Board) on August 28, 1988, requesting special-purpose subzone status for
the high- and low-pressure pump manufacturing plant of Giant Products
Company (GPC) located in Toledo, Ohio, within the Toledo 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 GPC is required to
elect privileged foreign status on any foreign merchandise subject to an
antidumping or countervailing duty order upon its admission to the subzone,
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.
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 Toledo-Lucas County Port Authority, grantee of Foreign-Trade
Zone 8, has made application (filed August 29, 1988, FTZ Docket 27-88, 53
FR 34800), in due and proper form to the Board for authority to establish a
special-purpose subzone at the high- and low-pressure industrial pump
manufacturing plant of Giant Products Company (GPC) located in Toledo,
Ohio, within the Toledo 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 August 29,
1988, the Board hereby authorizes the establishment of a subzone at the
GPC plant in Toledo, Ohio, designated on the records of the Board as
Foreign-Trade Subzone No. 8E 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 regulations issued thereunder, to the
restriction in the resolution accompanying this action, 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 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 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 28th day of December, 1989, pursuant to
Order of the Board.
Foreign-Trade Zones Board.
Francis J. Sailer,
Acting Assistant Secretary of Commerce for Enforcement and Compliance, Chairman,
Committee of Alternates.
Attest:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 90-431 Filed 1-8-90; 8:45 am]
BILLING CODE 3510-DS-M