DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 475]
55 FR 28261
July 10, 1990
Resolution and Order Approving the Application of the Greater New Haven
Chamber of Commerce for a Special-Purpose Subzone at the Pharmaceutical
Products Plant of Miles, Inc., in West Haven, CT
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 (the Board) adopts the following Resolution and Order:
The Board, having considered the matter, hereby orders:
After consideration of the application of the Greater New Haven
Chamber of Commerce, filed with the Foreign-Trade Zones Board on November
7, 1988, requesting special-purpose subzone status at the pharmaceutical
products manufacturing plant of Miles, Inc., in West Haven, Connecticut,
adjacent to the New Haven Customs port of entry, the Board, finding that
the requirements of the Foreign-Trade Zones Act, as amended, and the
Board's regulations are satisfied, and that the proposal is in the
public interest, approves the application.
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.
Foreign-Trade Zones Board; Washington, DC; Grant of Authority To
Establish a Foreign-Trade Subzone in West Haven, CT
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 New Haven Chamber of Commerce, Grantee of
Foreign-Trade Zone No. 162, has made application (filed November 7,
1988, FTZ Docket 36-88, 53 FR 46101) in due and proper form to the Board
for authority to establish a special-purpose subzone at the pharmaceutical
and medical products manufacturing plant of Miles, Inc. (subsidiary of
Bayer AG), in West Haven, Connecticut, adjacent to the New Haven 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 are satisfied;
Now, therefore, in accordance with the application filed November 7,
1988, the Board hereby authorizes the establishment of a subzone at the
Miles plant in West Haven, Connecticut, designated on the records of the
Board as Foreign-Trade Subzone 162A 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, 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, all 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 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 besigned and its seal to be affixed hereto by its Chairman and Executive
Officer or his delegate at Washington, DC, this 29th day of June, 1990,
pursuant to Order of the Board.
Eric I. Garfinkel,
Assistant Secretary of Commerce for Enforcement and Compliance, Chairman,
Committee of Alternates, Foreign-Trade Zones Board.
Attest:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 90-15862 Filed 7-9-90; 8:45 am