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[Federal Register: June 27, 1996 (Volume 61, Number 125)]
[Notices]
[Page 33490]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn96-54]

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DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 831]


Grant of Authority for Subzone Status; Star Enterprise (Oil
Refinery) Newcastle County, Delaware

    Pursuant to its authority under 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 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
qualified 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, an application from the Delaware Economic Development
Office, on behalf of the State of Delaware, grantee of Foreign-Trade
Zone 99, for authority to establish special-purpose subzone status at
the oil refinery complex of Star Enterprise, in Newcastle County,
Delaware, was filed by the Board on November 13, 1995, and notice
inviting public comment was given in the Federal Register (FTZ Docket
75-95, 60 FR 58597, 11-28-95); and,
    Whereas, the Board adopts the findings and recommendations of the
examiner's report, and finds that the requirements of the FTZ Act and
Board's regulations would be satisfied, and that approval of the
application would be in the public interest if approval is subject to
the conditions listed below;
    Now, therefore, the Board hereby authorizes the establishment of a
subzone (Subzone 99E) at the oil refinery of Star Enterprise, in
Newcastle County, Delaware, at the location described in the
application, subject to the FTZ Act and the Board's regulations,
including Sec. 400.28, and subject to the following conditions:
    1. Foreign status (19 CFR Secs. 146.41, 146.42) products consumed
as fuel for the refinery shall be subject to the applicable duty rate.
    2. Privileged foreign status (19 CFR Sec. 146.41) shall be elected
on all foreign merchandise admitted to the subzone, except that non-
privileged foreign (NPF) status (19 CFR Sec. 146.42) may be elected on
refinery inputs covered under HTSUS Subheadings # 2709.00.1000--
# 2710.00.1050 and # 2710.00.2500 which are used in the production of:

--petrochemical feedstocks and refinery by-products (examiners report,
Appendix D);
--products for export; and,
--products eligible for entry under HTSUS # 9808.00.30 and 9808.00.40
(U.S. Government purchases).

    3. The authority with regard to the NPF option is initially granted
until September 30, 2000, subject to extension.

    Signed at Washington, DC, this 20th day of June 1996.
Robert S. LaRussa,
Acting Assistant Secretary of Commerce for Enforcement and Compliance,
Alternate Chairman, Foreign-Trade Zones Board.

    Attest:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 96-16471 Filed 6-26-96; 8:45 am]