DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 476]
55 FR 28263
July 10, 1990
Resolution and Order Approving the Application of the Port of Houston
Authority for a Special-Purpose Subzone at the Du Pont Hydrofluoric Acid
Manufacturing Plant in La Porte, TX
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 Port of Houston Authority,
grantee of FTZ 84, filed with the Foreign-Trade Zones Board (the Board) on
January 3, 1989, requesting authority for special-purpose subzone status
at the hydrofluoric acid manufacturing plant of E. I Du Pont de Nemours
and Company, located in La Porte, Texas, within the Houston 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.
Grant of Authority To Establish a Foreign-Trade Subzone in La Porte, TX
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 Port of Houston Authority, Grantee of Foreign-Trade Zone
No. 84, has made application (filed January 30, 1989, FTZ Docket 1-89, 54
FR 7576) in due and proper form to the Board for authority to establish a
special-purpose subzone at the hydrofluoric acid manufacturing plant of E.
I. Du Pont de Nemours and Company in La Porte, Texas, within the Houston
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 January 30,
1989, the Board hereby authorizes the establishment of a subzone at the Du
Pont hydrofluoric plant in La Porte, Texas, designated on the records of
the Board as Foreign-Trade Subzone 84C 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 be signed 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. 90-15865 Filed 7-9-90; 8:45 am]
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