NOTICES
DEPARTMENT OF COMMERCE
[Order No. 497]
Resolution and Order Approving With Restriction the Application of the
Louisville and Jefferson County Riverport Authority for Special-Purpose
Subzone
Status at the Hitachi Auto Parts Plant, Harrodsburg, KY; Proceedings of the
Foreign-Trade Zones Board,
Washington, DC
Tuesday, January 8, 1991
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 Louisville and Jefferson
County Riverport Authority, grantee of FTZ 29, filed with the Foreign-Trade
Zones Board (the Board) on March 30, 1988, requesting authority for special-
purpose subzone status at the automobile components manufacturing plant of
Hitachi Automotive Products (USA), Inc. (subsidiary of Hitachi, Ltd.),
located in Harrodsburg, Kentucky, the Board, finding that the requirements
of the Foreign-Trade Zones Act, as amended, and the FTZ Board's regulations
would be satisfied and that the proposal would be in the public interest if
approval were subject to a restriction that would require that privileged
foreign status be elected on all foreign merchandise admitted to the
proposed subzone, except for merchandise which is used in the manufacture
of high-tech products (i.e., mass air flow meters, throttle bodies, engine
control modules, and idle speed controls) and in the manufacture of
integrated circuits incorporated into auto components produced at the plant,
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 an appropriate Board Order.
Grant of Authority to Establish a Foreign-Trade Subzone in Harrodsburg,
Kentucky
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 Louisville and Jefferson County Riverport Authority, grantee
of Foreign-Trade Zone 29, has made application (filed March 30, 1988, FTZ
Docket 19-88, 53 FR 12051, 4/12/88), in due and proper form to the Board
for authority to establish a special-purpose subzone at the automobile
components manufacturing plant of Hitachi Automotive Products (USA), Inc.,
located in Harrodsburg, Kentucky;
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 March 30, 1988,
the Board hereby authorizes the establishment of a subzone at the Hitachi
plant in Harrodsburg, Kentucky, designated on the records of the Board as
Foreign-Trade Subzone No. 29F 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 Zone 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 21st day of December, 1990, 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.
[FR Doc. 91-257 Filed 1-7-91; 8:45 am]