U.S. DEPARTMENT OF COMMERCE
FOREIGN-TRADE ZONES BOARD
ORDER NO. 862
GRANT OF AUTHORITY FOR SUBZONE STATUS
TEXACO INC.
(Oil Refinery)
BUTLER COUNTY, KANSAS
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 Board of Commissioners of Sedgwick
County, Kansas, grantee of Foreign-Trade Zone 161, for authority to
establish special-purpose subzone status at the oil refinery complex
of Texaco Inc., in Butler County, Kansas, was filed by the Board on
April 2, 1996, and notice inviting public comment was given in the
Federal Register (FTZ Docket 26-96, 61 FR 17874, 4-23-96); 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 161B) at the oil refinery complex of Texaco Inc.,
in Butler County, Kansas, at the locations described in the
application, subject to the FTZ Act and the Board's regulations,
including §400.28, and subject to the following conditions:
1. Foreign status (19 CFR §§ 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 § 146.41) shall be elected
on all foreign merchandise admitted to the subzone, except that
non-privileged foreign (NPF) status (19 CFR § 146.42) may be elected
on refinery inputs covered under HTSUS Subheadings # 2709.00.1000 -
# 2710.00.1050, # 2710.00.2500 and # 2710.00.4500 which are used in
the production of:
-petrochemical feedstocks and refinery by-products (examiners
report, Appendix C);
-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 ______ day of ____________ 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