DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 366]
52 FR 47437
December 14, 1987
Resolution and Order Approving the Application of the State of New Jersey
Department of Commerce and Economic Development for Subzones for
International Flavors and Fragrances, Inc., in Northern New Jersey
TEXT: 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 has
adopted the following Resolution and Order:
The Board, having considered the matter, hereby orders:
After consideration of the application of the Department of Commerce and
Economic Development of the State of New Jersey, grantee of FTZ 44, filed
with the Foreign-Trade Zones Board (the Board) on November 27, 1984,
requesting special-purpose subzone status for the manufacturing plants of
International Flavors and Fragrances, Inc. (IFF), located in Hazlet, Union
Beach, and South Brunswick, New Jersey, adjacent to the New York 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 for five years subject to the
following conditions:
1. Authority for the subzones may be extended after a review by the
Board;
2. Foreign merchandise admitted into the subzones shall be monitored
annually to ensure that zone procedures do not cause increased imports; and,
3. IFF shall provide the FTZ Board and the District Director of Customs
annually with a list of merchandise admitted to the subzones in
nonprivileged foreign status.
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.
Grant of Authority To Establish Foreign-Trade Subzones in Hazlet, Union
Beach and South Brunswick, NJ
Whereas, by an Act of Congress approves June 18, 1934, an Act "To provide
for the establishment, operation, and maintenance 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 and empowered
to grant to corporations the privilege of establishing, operating, and
maintaining foreign-trade zones in or adjacent to ports of entry under the
jurisdiction of the United States;
Whereas, the Board's regulations (15 CFR 400.304) provide for the
establishment of special-purpose subzones when existing zone facilities
cannot serve the specific use involved, and where a significant public
benefit will result;
Whereas, the Department of Commerce and Economic Development of the State
of New Jersey, grantee of Foreign-Trade Zone No. 44, has made application
(filed November 27, 1984, Docket No. 52-84, 49 FR 47518) in due and proper
form to the Board for authority to establish special-purpose subzones for
plants of International Flavors and Fragrances, Inc., located in Hazlet,
Union Beach, and South Brunswick, New Jersey, adjacent to the New York
Customs port of entry;
Whereas, notice of said application has been given and published, and
full opportunity has been afforded all interested parties to be heard; and,
Whereas, the Board has found that the requirements of the Act and the
Board's regulations would be satisfied, provided approval is subject to
certain conditions;
Now, Therefore, in accordance with the application filed November 27,
1984, the Board hereby authorizes the establishment of subzones at the
plants of International Flavors and Fragrances, designated on the records
of the Board as Foreign-Trade Subzones Nos. 44B, 44C, and 44D, at the
locations mentioned above and more particularly described on the maps and
drawings accompanying the application, said grant of authority being subject
to the provisions and restrictions of the Act and the Regulations issued
thereunder to the same extent as though the same were fully set forth
herein, and the special conditions enumerated in the resolution accompanying
this action, and also to the following express conditions and limitations:
Activation of the subzones shall be commenced within a reasonable time
from the date of issuance of the grant, and prior thereto, any necessary
permits shall be obtained from Federal, State and municipal authorities.
Officers and employees of the United States shall have free and
unrestricted access to and throughout the foreign-trade subzones in the
performance of their official duties.
The grant shall not be construed to relieve responsible parties from
liability for injury or damage to the person or property of others
occasioned by the construction, operation, or maintenance of said subzones,
and in no event shall the United States be liable therefor.
The grant is further subject to settlement locally by the District
Director of Customs and District Army Engineer with the grantee regarding
compliance with their respective requirements for the protection of the
revenue of the United States and the installation of suitable facilities.
In Witness Whereof, the Foreign-Trade Zones Board has caused its name to
be signed and its seal to be affixed hereto by its Chairman and Executive
Officer or his delegate at Washington, DC, this 1st day of December, 1987,
pursuant to Order of the Board.
Foreign-Trade Zones Board.
Gilbert B. Kaplan,
Acting Assistant Secretary of Commerce for Enforcement and Compliance, Chairman,
Committee of Alternates.
Attest:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 87-28569 Filed 12-11-87; 8:45 am]
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