NOTICES
DEPARTMENT OF COMMERCE
(Order No. 615)
Extension of Authority With Restrictions Subzone 23B; CPS Corp. (Formerly,
Greater Buffalo Press) (Printing Ink) Chautauqua County, NY
Wednesday, December 23, 1992
Pursuant to its authority under the Foreign-Trade Zones (FTZ) Act of June
18, 1934, as amended (19 U.S.C. 81a-81u), and the FTZ Board Regulations (15
CFR Part 400), the FTZ Board (the Board) adopts the following Resolution
and Order:
Whereas, in 1986, the Board (the Board) granted authority to the County of
Erie, New York, to establish Foreign-Trade Subzone 23B at the ink
manufacturing facilities of the CPS division of Greater Buffalo Press, Inc.
(GBP), Chautauqua County, New York, for a period of 5 years (ending
8/25/91) subject to extension, and subject to restrictions requiring the
election of privileged foreign status (19 CFR 146.41) on pigments used in
the production of ink sold to domestic printing plants not affiliated with
GBP and on ink produced in excess of 21 million pounds annually (Board
Order 332, FR 18468, 5/20/86);
Whereas, the ink manufacturing facilities of GBP were sold, and are now
owned and operated as CPS Corporation, a subsidiary of INX International,
Inc.;
Whereas, on July 2, 1991, the County of Erie made application to the Board
for an indefinite extension of authority for Subzone 23B;
Whereas, notice of said application was given in the Federal Register and
public comment was invited (56 FR 34171, 7/26/91), and a hearing was held
on April 16, 1992;
Whereas, subzone status for SZ 23B was temporarily extended to December 31,
1992, because of the time needed to complete a review (56 FR 42309, 8/27/91
and 57 FR 7367, 3/2/92);
Whereas, the applicant amended the application on June 10, 1992, to limit
its request to an extension for a five year period subject to all other
existing restrictions;
Whereas, the Board has completed its review, taking into account the views
of all interested parties;
Whereas, the Board has found that the requirements of the FTZ Act and the
Board's regulations would be satisfied, and that the proposal would be in
the public interest if the extension approval were limited to five years
beyond the original period and subject to existing restrictions;
Now, therefore, the Board hereby orders that the authority for Subzone 23B
is extended, subject to the FTZ Act and the Board's regulations (as
revised, 56 FR 50790-50808, 10/8/91), including § 400.28, and subject to
the following restrictions:
(1) Subzone status shall terminate on August 25, 1996.
(2) CPS shall elect privileged foreign (19 CFR 146.41) or domestic status,
as appropriate, with respect to pigment prior to its use in the production
of ink to be sold in commercial quantities in the domestic market for use
at any plant other than by the six domestic Sullivan Graphics, Inc. plants,
identified in appendix D of the Examiners Committee report.
(3) CPS shall elect privileged foreign or domestic status, as appropriate,
with respect to pigment prior to its use in the production of ink, once
shipments of ink containing foreign pigment to Sullivan Graphics, Inc.
exceed 21 million pounds on an annual basis.
(4) CPS will make available to the Customs Service on request its records,
or the records of any of its subsidiaries that relate to the production,
shipment, and sale of ink;
(5) Because of the special circumstances of this case, this action will not
be considered a precedent for other FTZ Board actions involving printing
ink or pigments.
Signed at Washington, DC, this 11th of December, 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. 92-31170 Filed 12-22-92; 8:45 am)