NOTICES
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 525]
Madawaska Foreign-Trade Zone Corp.; Application
Tuesday, June 4, 1991
In the matter of resolution and order approving the application of the
Madawaska Foreign-Trade Zone Corporation for a foreign-trade zone
in Madawaska, Maine within the Madawaska customs port of entry and
a subzone at the Northern Trading Company Plant in Madawaska.
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) adopts the following Resolution and Order:
The Board, having considered the matter, hereby orders:
After consideration of the application of the Madawaska Foreign-Trade Zone
Corporation, a Maine non-profit corporation, filed with the Foreign-Trade
Zones Board (the Board) on February 15, 1991, requesting a grant of
authority for establishing, operating, and maintaining a general-purpose
foreign-trade zone in the Town of Madawaska (Aroostook County), Maine,
within the Madawaska Customs port of entry, and for special-purpose subzone
status at the toiletries and cosmetics packaging and manufacturing plant of
Northern Trading Company, Inc., the Board, finding that the requirements of
the Foreign-Trade Zones Act, as amended, and the FTZ Board's regulations are
satisfied, and that the proposal is in the public interest, approves the
application.
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 and a Foreign-Trade
Subzone Within the Madawaska Customs Port of Entry
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
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 Madawaska Foreign-Trade Zone Corporation, Madawaska, Maine,
has made application (filed February 15, 1991, FTZ Docket 9-91, 56 FR 8749,
3/1/91) in due and proper form to the Board, requesting the establishment,
operation, and maintenance of a foreign-trade zone at a site in Madawaska,
Maine, within the Madawaska Customs port of entry; and for subzone status
at the Northern Trading Company plant in Madawaska;
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;
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 Northern Trading Company plant, designated on
the records of the Board as Foreign-Trade Zone No. 179, and Foreign-Trade
Subzone 179A, at the locations mentioned above and more particularly
described on the maps and drawings accompanying the application in Exhibits
IX and X, 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 operations 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 of 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 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 24th day of May, 1991, pursuant to Order of
the Board.
Foreign-Trade Zones Board.
Wendell L. Willkie II,
General Counsel, Department of Commerce.
[FR Doc. 91-13134 Filed 6-3-91; 8:45 am]