NOTICES
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
(Order No. 556)
Resolution and Order Approving With Restriction the Application of the
North
Carolina Department of Economic and Community Development for
Special-Purpose
Subzone Status; Deere-Hitachi Construction Machinery Corporation Plant
(Hydraulic Excavators); Kernersville, NC
Friday, February 21, 1992
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 North Carolina Department of
Economic and Community Development (formerly the North Carolina Department
of Commerce), grantee of FTZ 66, filed with the Foreign-Trade Zones Board
(the Board) on June 18, 1990, requesting special-purpose subzone status for
the excavator manufacturing plant of the Deere-Hitachi Construction
Machinery Corporation in Kernersville, North Carolina, 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 the condition that no
authority is granted for excavators made under zone procedures at the
Kernersville plant to be converted by Deere-Hitachi or its affiliates into
forestry equipment or other equipment, based on the terms of the plan and
circumstances outlined in the application and case record, approves the
application, subject to the foregoing condition. The operation shall be
monitored accordingly.
Approval is subject to the FTZ Act and the FTZ Board's regulations (as
revised, 56 FR 50790-50808, 10/8/91), including § 400.28. 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 for Subzone Status
Whereas, By an Act of Congress approved June 18, 1934, an Act "To provide
for the establishment 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 to grant to corporations the privilege of
establishing foreign-trade zones in or adjacent to U.S. Customs ports of
entry;
Whereas, The Board's regulations (15 CFR 400) 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 North Carolina Department of Economic and Community
Development (formerly the North Carolina Department of Commerce), grantee
of FTZ 66, has made application (filed 6-18-90, FTZ Docket 24-90, 55 FR
26720, 6-29-90) to the Board for authority to establish a special-purpose
subzone at the hydraulic excavator manufacturing plant of the Deere-Hitachi
Construction Machinery Corporation in Kernersville, North Carolina;
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 condition in the
resolution accompanying this action;
Now, Therefore, The Board hereby authorizes the establishment of a subzone
at the Deere-Kitachi Construction Machinery Corporation plant in
Kernersville, North Carolina, designated on the records of the Board as
Foreign-Trade Subzone 66B, at the location described in the application,
subject to the condition in the resolution accompanying this action, and to
the Act and the Board's Regulations (as revised, 56 FR 50790-50808,
10/8/91), including § 400.28.
Signed at Washington, DC, this 12th day of February, 1992, pursuant to
Order of the Board.
Alan, M. Dunn,
Assistant Secretary of Commerce for Enforcement and Compliance,
Chairman, Committee of Alternates,
Foreign-Trade Zones Board.
(FR Doc. 92-4060 Filed 2-20-92; 8:45 am)