DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
Title 15
[Order No. 488]
55 FR 42420
October 19, 1990
Resolution and Order Approving With Restriction the Application of St.
Joseph County Airport Authority for a Special-Purpose Subzone at the Allied
Products Corporation Plant; South Bend, IN
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) has adopted the following Resolution and Order:
The Board, having considered the matter, hereby orders:
After consideration of the application of the St. Joseph County Airport
Authority, grantee of FTZ 125, filed with the Foreign-Trade Zones Board (the
Board) on December 18, 1987, requesting special-purpose subzone status for
the steel automobile body parts manufacturing plant of Allied Products
Corporation, in South Bend, Indiana, 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 full zone benefits are limited to exports and that
approval is subject to the restriction that Allied elect privileged foreign
status on all foreign steel mill products admitted to the zone, approves
the application subject to the foregoing restriction.
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 South Bend, IN
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 St. Joseph County Airport Authority, grantee of
Foreign-Trade Zone 125, has made application (filed December 18, 1987, FTZ
Docket 46-87, 53 FR 45, 1/4/88), in due and proper form to the Board for
authority to establish a special-purpose subzone at the steel automobile
body parts manufacturing plant of Allied Products Corporation (APC), located
in South Bend, Indiana, adjacent to the Chicago 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 purpose 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 December 18,
1987, the Board hereby authorizes the establishment of a special-purpose
subzone at the APC plant in South Bend, Indiana, designated on the records
of the Board as Foreign-Trade Subzone No. 125A 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 facility 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 5th day of October, 1990, pursuant to Order
of the Board.
Foreign-Trade Zones Board.
Marjorie A. Chorlins,
Acting Assistant Secretary of Commerce for Enforcement and Compliance,
Chairman, Committee of Alternates, Foreign-Trade Zones Board.
[FR Doc. 90-24650 Filed 10-18-90; 8:45 am]
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