NOTICES
DEPARTMENT OF COMMERCE
[Order No. 523]
Resolution and Order Approving With Restrictions the Applications of the
Rickenbacker Port Authority for a Special-Purpose Subzone at the Wascator
Commercial Washing Machine Plant in Richwood, OH; Proceedings of the
Foreign-Trade Zones Board, Washington, DC
Wednesday, July 10, 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) adopts the following Resolution and Order:
The Board, having considered the matter, hereby orders:
After consideration of the application of the Rickenbacker Port Authority,
grantee of FTZ 138, filed with the Foreign-Trade Zones Board (the Board) on
February 16, 1990, requesting special-purpose subzone status at the
commercial washing machine manufacturing plant of the Wascator Manufacturing
Company, in Richwood, Ohio (Columbus area), 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 wold be in the public
interest, provided approval is subject to certain restrictions, approves the
application subject to the following restrictions: (1) Privileged foreign
status shall be elected on foreign steel mill products prior to manipulation
or manufacturing in the subzone, if the same items are being produced by a
domestic plant; and (2) privileged foreign status shall be elected on any
foreign merchandise that is subject to antidumping or countervailing duty
orders at the time of admission to the subzone. 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 Richwood, OH
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 Rickenbacker Port Authority, grantee of Foreign-Trade Zone
No. 138, has made application (filed February 16, 1990, FTZ Docket 7-90,
55 FR 7752, 3/5/90) in due and proper form to the Board for authority to
establish a special-purpose subzone at the commercial washing machine plant
of Wascator Manufacturing Company in Richwood, Ohio;
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 restrictions in
the resolution accompanying this action;
Now, Therefore, in accordance with the application filed February 16, 1990,
the Board hereby authorizes the establishment of a subzone at the Wascator
plant in Richwood, Ohio, designated on the records of the Board as Foreign-
Trade Subzone 138A, 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 issued thereunder, to the same extent as though the
same were fully set forth herein, to the restrictions 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 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 or his delegate at Washington, DC, this 3rd day of July, 1991,
pursuant to Order of the Board.
Marjorie A. Chorlins,
Acting 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. 91-16426 Filed 7-9-91; 8:45 am]