DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 309]
50 FR 31404
August 2, 1985
Resolution and Order Approving the Application of the Indianapolis Airport
Authority for Special-Purpose Subzones in the Indianapolis Customs Port of
Entry Area
TEXT: Proceedings of the Foreign-Trade Zones Board, Washington, D.C.
Resolution and Order
Pursuant to the authority granted in the Foreign-Trade Zones Act of June
18, 1934, as amended (19 USC 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 Indianapolis Airport
Authority, grantee of Foreign-Trade Zones 72, filed with the Foreign-Trade
Zones Board (the Board) on December 22, 1983, requesting special-purpose
subzone status for the phamaceutical and chemical manufacturing plants of
Eli Lilly and Company located in Indianapolis, Lafayette, and Clinton,
Indiana, adjacent to the Indianapolis Customs port of entry, the Board,
finding that the requirements of the Foreign-Trade Zones Act, as amended,
and the Board's regulations are satisfied, and that the proposal is in the
public interest, approves the application.
The Seceretary 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 Indianapolis,
Indiana
Whereas, by an Act of Congress approved 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 our 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 Indianapolis Airport Authority, grantee of Foreign-Trade
Zone No. 72, has made application (filed December 22, 1983, Docket 50-83,
49 FR 471) in due and proper form to the Board for authority to establish
special-purpose subzones at the pharmaceutical manufacturing plants of Eli
Lilly and Company in Indianapolis, Lafayette, and Clinton, Indiana, adjacent
to the Indianapolis Customs port of entry area;
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 are satisfied;
Now, therefore, in accordance with the application filed December 22,
1983, the Board hereby authorizes the establishment of a subzone at Eli
Lilly plants in Indianapolis, Lafayette, and Clinton, Indiana, designated
on the records of the Board as Foreign-Trade Subzone Nos. 72B, 72C and 72D
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 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 Executive Secretary shall be notified by the grantee or operator
for approval prior to the commencement of any manufacturing operations not
approved as part of the application and when manufacturing activity is
changed to include foreign items subject to inverted tariffs.
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, D.C. this 26th day of
July 1985, pursuant to Order of the Board.
Foreign-Trade Zones Board.
Theodore W. Wu,
Acting Assistant Secretary of Commerce for Trade Administration, Chairman,
Committee of Alternates.
Attest:
Dennis M. Puccinelli,
Acting Executive Secretary.
[FR Doc. 85-18451 Filed 8-1-85; 8:45 am]
BILLING CODE 3510-DS-M