[Federal Register: May 22, 2003 (Volume 68, Number 99)]
[Notices]               
[Page 27985-27986]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my03-53]                         

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DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[Docket 24-2003]

 
Foreign-Trade Zone 43--Battle Creek, MI; Application for Subzone; 
Perrigo Company (Pharmaceutical Products); Allegan and Muskegon 
Counties, MI

    An application has been submitted to the Foreign-Trade Zones Board 
(the Board) by the City of Battle Creek, Michigan, grantee of FTZ 43, 
requesting special-purpose subzone status for the pharmaceutical 
manufacturing and distribution facilities of Perrigo Company (Perrigo) 
at locations in Allegan and Muskegon Counties, Michigan. The 
application was submitted pursuant to the provisions of the Foreign-
Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of 
the Board (15 CFR part 400). It was formally filed on May 13, 2003.

[[Page 27986]]

    Perrigo's Michigan operation is comprised of five sites in Allegan 
and Muskegon Counties (Site 5 only): Site 1 (119,700 sq. ft. on 4.5 
acres)--Plant 1, located at 117 Water Street, Allegan; Site 2 
(133 acres)--Eastern Avenue Site, located at Hooker Road and Eastern 
Avenue in Allegan; including Plant 4 (198,597 sq. ft., with a 
possible expansion of 100,000 sq. ft., on 4.6 acres), Plant 5 
(323,568 sq. ft. with a possible expansion of 100,000 sq. ft., on 7.4 
acres), and Plant 7 (402,216, sq. ft. on 9.23 acres); Site 3 
(520,613 sq. ft. on 11.95 acres)--Allegan Logistics Center, located at 
900 Industrial Center, Allegan; Site 4 (123,295 sq. ft., with a 
possible expansion of 200,000 sq. ft., on 2.8 acres)--Airport Center, 
located at 1761 Airport Court, Holland; and, Site 5 (87,048 sq. ft. on 
2 acres)--North Labs, located at 8060 Whitbeck Road, Montague, Muskegon 
County.
    The facilities (2,800 employees) produces over-the-counter (OTC) 
pharmaceutical and nutritional products. Foreign-sourced materials will 
account for some 14-50 percent of finished product value, and include 
items from the following general categories: Animal or vegetable oils, 
chemically pure sugars, protein concentrates, natural magnesium 
phosphates and carbonates, petroleum jelly, paraffin and waxes, other 
inorganic acids or compounds of nonmetals, artificial corundum, 
aluminum oxide, aluminum hydroxide, acyclic hydrocarbons, derivatives 
of phenols or peroxides, ethers and ether-alcohols, acetals and 
hemiacetals, aldehydes and derivatives, ketone function compounds, 
phosphoric esters and their salts, esters of other organic acids, amine 
function compounds, oxygen function compounds, quaternary ammonium 
salts, carboxymide function compounds, nitrile compounds, diazo-
compounds, organic derivatives of hydrazine, compounds of other 
nitrogen function, organo-sulfur compounds, heterocyclic compounds, 
sulfonamides, provitamins, hormones, glycosides, vegetable alkaloids, 
antibiotics, medicaments in bulk or in measured doses, synthetic 
coloring matter, color lakes, organic surface active products for use 
in soap, dextrines and modified starches, chemical products not 
provided elsewhere, vinyl acetate polymers, acrylic polymers, 
cellulose, and natural polymers, such as alginic acid.
    Zone procedures would exempt Perrigo from Customs duty payments on 
foreign materials used in production for export. Some two percent of 
the plant's shipments are currently exported. On domestic sales, the 
company would be able to choose the duty rates that apply to the 
finished products (primarily duty-free), rather than the duty rates 
that would otherwise apply to the foreign-sourced materials noted above 
(duty-free to 10.9 percent). At the outset, zone savings would 
primarily involve choosing the finished product duty rate on either 
bulk or dosage packaged pharmaceutical products (HTSUS 3003 and 3004, 
duty-free), instead of the duty rates on aspirin (HTSUS 2918.22.1000, 
6.9%), acetaminophen (HTSUS 2924.29.6210, 6.5%), and ibuprofen (HTSUS 
2916.39.1500, 6.5%). Certain aspirin imports from China are subject to 
anti-dumping/countervailing (AD/CVD) duties. The application indicates 
that the savings from zone procedures will help improve the plant's 
international competitiveness.
    In accordance with the Board's regulations, a member of the FTZ 
Staff has been designated examiner to investigate the application and 
report to the Board.
    Public comment is invited from interested parties. Submissions 
(original and 3 copies) shall be addressed to the Board's Executive 
Secretary at one of the following addresses:
    1. Submissions Via Express/Package Delivery Services: Foreign-
Trade-Zones Board, U.S. Department of Commerce, Franklin Court 
Building--Suite 4100W, 1099 14th St., NW., Washington, DC 20005; or
    2. Submissions Via the U.S. Postal Service: Foreign-Trade-Zones 
Board, U.S. Department of Commerce, FCB--Suite 4100W, 1401 Constitution 
Ave., NW., Washington, DC 20230.
    The closing period for their receipt is [60 days from date of 
publication]. Rebuttal comments in response to material submitted 
during the foregoing period may be submitted during the subsequent 15-
day period (to August 5, 2003).
    A copy of the application and accompanying exhibits will be 
available for public inspection at the Office of the Foreign-Trade 
Zones Board's Executive Secretary at address Number 1 listed above, and 
at the U.S. Department of Commerce Export Assistance Center, 401 W. 
Fulton St., Suite 309-C, Grand Rapids, Michigan 49504.

    Dated: May 14, 2003.
Dennis Puccinelli,
Executive Secretary.
[FR Doc. 03-12877 Filed 5-21-03; 8:45 am]