NOTICES
DEPARTMENT OF COMMERCE
(Order No. 5-569)
Resolution and Order Approving With Restriction Port of Portland (OR);
Pendleton, OR
Thursday, April 9, 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 Port of Portland, grantee of
Foreign-Trade Zone 45, filed with the Foreign-Trade Zones Board (the Board)
on August 3, 1990, and amended on October 29, 1991, requesting special-
purpose subzone status for export activity at the food products processing
plant of Continental Mills, Inc., in Pendleton, Oregon, adjacent to the
Portland Customs port of entry, the Board, finding that the requirements of
the Foreign-Trade Zones Act, as amended, and the Board's regulations would
be satisfied, and that the proposal would be in the public interest provided
approval is subject to the restrictions listed below, approves the
application, subject to the following restrictions:
1. All foreign dairy products and foreign sugar admitted to the subzone
shall be reexported; and,
2. Continental shall not commence zone operations until USDA (FAS Sugar
Group) notifies the FTZ Board that Continental has closed out its inventory
of sugar administered under USDA's sugar reexport license that covers
Continental's Pendleton Plant.
The 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 Continental Mills, Inc., Plant
Pendleton, Oregon
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 part 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 Port of Portland, Grantee of Foreign-Trade Zone No. 45
(Portland, Oregon), has made application (filed 8-3-90, FTZ Docket 33-90,
55 FR 34040, 8- 21-90, and amended 10-29-91, 56 FR 56628, 11-6-91) to the
Board for authority to establish a special-purpose subzone at the food
products processing plant of Continental Mills, Inc., in Pendleton, Oregon;
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, the Board hereby authorizes the establishment of a subzone
at the Continental Mills, Inc., plant in Pendleton, Oregon, designated on
the records fo the Board as Foreign-Trade Subzone 45D, at the location
described in the application, subject to the restrictions in the resolution
accompanying this action and to the FTZ Act and the Board's regulations (as
revised, 56 FR 50790-50808, 10-8-91), including § 400.28.
Signed at Washington, DC, this 1st day of April, 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.
Attest: John J. Da Ponte, Jr.,
Executive Secretary.
(FR Doc. 92-8255 Filed 4-8-92; 8:45 am)