NOTICES
DEPARTMENT OF COMMERCE
[Order No. 503]
Resolution and Order Approving the Application of the Port of Grays Harbor,
Washington for a Foreign-Trade Zone
in Grays Harbor County and a Subzone in
Hoquiam, Washington adjacent to the Aberdeen-Hoquiam Customs Port of Entry;
Proceedings and the Foreign-Trade Zones Board, Washington, DC
Monday, February 11, 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 Port of Grays Harbor,
Washington, filed with the Foreign-Trade Zones Board on November 13, 1989,
requesting a grant to authority for establishing, operating, and
maintaining a general-purpose foreign-trade zone in Grays Harbor County,
Washington, adjacent to the Aberdeen-Hoquiam Customs port of entry, and
for special-purpose subzone status at the Lamb-Grays Harbor plant in
Hoquiam, Washington, 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, except as
regards the inclusion of proposed Site 5, approves the application for
Sites 1-4 of the proposed general-purpose zone and for the proposed
subzone.
As the proposal involves open space on which buildings may be constructed
by parties other than the grantee, this approval includes authority to the
grantee to permit the erection of such buildings, pursuant to § 400.815 of
the Board's regulations, as are necessary to carry out the zone proposal,
providing that prior to its granting such permission it shall have the
concurrences of the local District Director of Customs, the U.S. Army
District Engineer, when appropriate, and the Board's Executive Secretary.
Further, the grantee shall notify the Board for approval prior to the
commencement of any manufacturing operation within the zone. 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, Operate, and Maintain a Foreign-Trade Zone
in Grays Harbor County, Washington and to Establish a Foreign-Trade Subzone
Within the County in Hoquiam, WA
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
jurisdication of the United States;
Whereas, the Board's regulations (15 CFR 400.304) provide for the
establishment of special-purpose subzones when existing facilities cannot
serve the specific use involved, and where a significant public benefit will
result;
Whereas, The Port of Grays Harbor, Washington (the Grantee), has made
application (filed November 13, 1989, FTZ Docket 28-89, 54 FR 48291,
11/22/89) in due and proper form to the Board, requesting the
establishment, operation, and maintenance of a foreign-trade zone at sites
in Grays Harbor County, Washington, and subzone status for the Lamb-Grays
Harbor plant in Hoquiam, adjacent to the Aberdeen-Hoquiam 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 with respect to the proposed sites,
except for th site excluded in the resolution accompanying this action;
Now, Therefore, the Board hereby grants to the Grantee the privilege of
establishing, operating, and maintaining a foreign-trade zone, and
establishing a subzone at the Lamb-Grays Harbor plant, designated on the
records of the Board as Foreign-Trade Zone No. 173, and Foreign-Trade
Subzone 173A, at the locations mentioned above and more particularly
described on the maps and drawings accompanying the application in exhibits
IX and X, except for the site excluded in the resolution accompanying this
action, subject to the provisions, conditions, and restrictions of the Act
and the Regulations issued thereunder, to the same extent as though the
same were fully set forth herein, and also the following express conditions
and limitations:
Operation of the foreign-trade zone and subzone shall be commenced by the
Grantee 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.
The Grantee shall allow officers and employees of the United States free
and unrestricted access to and throughout the foreign-trade zone and subzone
sites in the performance of their official duties.
The grant does not include authority for manufacturing opeations within the
general-purpose zone, and the Grantee shall notify the Board for approval
prior to the commencement of any manufacturing operations within the
general-purpose zone, and any new manufacturing within the subzone.
The grant shall not be construed to relieve the Grantee from liability for
injury or damage to the person or property of others occasioned by the
construction, operation, or maintenance and said zone, 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 th 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 or his delegate at Washington, DC., this 1st day of February, 1991,
pursuant to Order of the Board.
Foreign-Trade Zones Board.
Robert A. Mosbacher,
Secretary of Commerce, Chairman and Executive Officer.
[FR Doc. 91-3103 Filed 2-8-91; 8:45 am]