NOTICES
DEPARTMENT OF COMMERCE
[Order No. 510]
Resolution and Order Approving the Application of the Metropolitan
Nashville
Port Authority for a Special-Purpose Subzone at the Auto Tubing Components
Plant of Form Rite Corp. in Hawkins County, TN
Wednesday, February 20, 1991
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 Metropolitan Nashville Port
Authority, grantee of FTZ 78, filed with the Foreign-Trade Zones Board (the
Board) on March 2, 1990, requesting special-purpose subzone status at the
automotive tubing components manufacturing plant of Form Rite Corporation
located in Hawkins County, Tennessee, 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 provided approval is subject to a special reporting
requirement on Form Rite's adherence to the plan outlined in the application
regarding sourcing and production/sales levels, 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 For Form Rite
Corporation in Hawkins County, Tennessee
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. 91a-81u) (the Act),
the Foreign-Trade Zone 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 Metropolitan Nashville Port Authority, grantee of
Foreign-Trade Zone 78, has made application (filed March 2, 1990, FTZ
Docket 11-90, 55 FR 11632), in due and proper form to the Board for
authority to establish a special-purpose subzone at the automotive tubing
components manufacturing plant of Form Rite Corporation located in Hawkins
County, Tennessee;
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 reporting
requirement in the resolution accompanying this action;
Now, Therefore, in accordance with the application filed March 2, 1990, the
Board hereby authorizes the establishment of a subzone at the Form Rite
plant in Hawkins County, Tennessee, designated on the records of the Board
as Foreign-Trade Subzone No. 78F 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 special
reporting requirement 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 it seal to be affixed hereto by its Chairman and Executive
Officer at Washington, DC, this 13th day of February, 1991, 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. 91-3980 Filed 2-19-91; 8:45 am]