NOTICES
DEPARTMENT OF COMMERCE
(Order No. 596)
Resolution and Order Approving With Restriction the Application of the
Greater
Gulfport/Biloxi Foreign-Trade Zone, Inc., for Special-Purpose Subzone
Status,
Avondale Enterprises, Inc. (Shipbuilding) Harrison County, MS
Monday, August 31, 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 Greater Gulfport/Biloxi
Foreign- Trade Zone, Inc., grantee of Foreign-Trade Zone 92, filed with the
Foreign-Trade Zones Board (the Board) on July 16, 1991, requesting authority
to expand Foreign-Trade Zone 92 in Harrison County, Mississippi (See Board
Order 595), and requesting special-purpose subzone status at the shipyard of
Avondale Enterprises, Inc. in Harrison County, Mississippi, within the
Gulfport 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, if
approval is subject to certain conditions, approves the application subject
to the following conditions: (1) Any activation of the general-purpose zone
area beyond 2,000 acres requires further Board approval; (2) any foreign
steel mill products admitted to the Avondale shipyard, including steel
plate, angles, shapes, channels, rolled steel stock, bars, pipes and tubes,
and not incorporated into merchandise otherwise classified, and which is
used in manufacturing, shall be subject to the Customs duties in accordance
with applicable law, if the same item is then being produced by a domestic
steel mill; and, (3) in addition to the annual report, Avondale Enterprises,
Inc., shall advise the Board's Executive Secretary as to significant new
contracts, with appropriate information concerning foreign purchases
otherwise dutiable, so that the Board may consider whether any foreign
dutiable items are being imported for manufacturing in the shipyard
primarily because of subzone status and whether the Board should consider
requiring Customs duties to be paid on such items.
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.
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;
Whereas, the Greater Gulfport/Biloxi Foreign-Trade Zone, Inc., Grantee of
Foreign-Trade Zone No. 92, has made application (filed 07-16-91, FTZ Docket
43- 91, 56 FR 37889, 08-09-91) to the Board for authority to establish a
special- purpose subzone at the shipbuilding facility of Avondale
Enterprises, Inc., in Harrison County, Mississippi;
Whereas, notice of said application has been given in the Federal Register
and public comment has been invited; 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 restrictions on steel
mill products;
Now, Therefore, the Board hereby authorizes the establishment of a subzone
(Subzone 92C) at the shipbuilding facility of Avondale Enterprises, Inc.,
in Harrison County, Mississippi, at the location described in the
application, subject to the standard restrictions adopted by the Board for
shipyard subzones as described in the resolution accompanying this action,
and subject 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 17th day of August 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:
Dennis Puccinelli,
(Acting) Executive Secretary.
(FR Doc. 92-20823 Filed 8-28-92; 8:45 am)