U.S. DEPARTMENT OF COMMERCE
FOREIGN-TRADE ZONES BOARD
ORDER NO. 865
GRANT OF AUTHORITY FOR SUBZONE STATUS
ASHLAND INC.
(Oil Refinery)
BOYD AND DAVIESS COUNTIES, KENTUCKY
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 Greater Cincinnati Foreign Trade Zone,
Inc., grantee of Foreign-Trade Zone 47, for authority to establish
special-purpose subzone status at the oil refinery complex of Ashland
Inc., at sites in Boyd and Daviess Counties, Kentucky, was filed by the
Board on June 17, 1996, and notice inviting public comment was given in the
Federal Register (FTZ Docket 51-96, 61 FR 33093, 6-26-96); 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 47B) at the oil refinery complex of Ashland Inc., at sites in Boyd
and Daviess Counties, Kentucky, 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