DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 423]
54 FR 3825
January 26, 1989
Resolution and Order Approving the Application of the City of Oakland,
CA, for Subzone Status at the Mazda Facility in Benicia, CA
TEXT: Pursuant to its authority under the Foreign-Trade Zones (FTZ) Act of
June 18, 1934, as amended (19 U.S.C. 81a-81u), and the FTZ Board (the Board)
Regulations (15 CFR Part 400), the Board adopts the following order:
The Board, having considered the matter, hereby orders:
After consideration of the application of the City of Oakland,
California, grantee of FTZ 56, filed with the Foreign-Trade Zones Board
(the Board) on October 16, 1987, requesting special-purpose subzone status
for the vehicle processing (non-manufacturing) facility of Mazda Motors of
America (Central), Inc., in Benicia, California, adjacent to the San
Francisco-Oakland 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 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 a Foreign-Trade Subzone at the Mazda
Facility in Benicia, CA
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 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 City of Oakland, California, grantee of Foreign-Trade
Zone No. 56, has made application (filed October 16, 1987, FTZ Docket
22-87, 52 FR 41314), in due and proper form to the Board for authority to
establish a special-purpose subzone at the vehicle accessorization
(non-manufacturing) facility of Mazda Motors of America (Central), Inc.,
in Benicia, California.
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 October 16,
1987, the Board hereby authorizes the establishment of a subzone at the
Mazda facility, designated on the records of the Board as Foreign-Trade
Subzone No. 56A at the location 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 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 subzone shall be commenced within a reasonable time
from the date of issuance of the grant, and prior thereto the Grantee
shall obtain all necessary permits 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 subzone in the
performance of their official duties.
The grant shall not be construed to relieve the Grantee from liability
for injury or damage to the person or property of others occasioned by the
construction, operation, or maintenance of said subzone, 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 the Army District Engineer with the Grantees
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 at Washington, DC, this 18th day of January, 1989,
pursuant to Order of the Board.
Foreign-Trade Zones Board
Jan W. Mares,
Assistant Secretary of Commerce for Import Administration, Chairman,
Committee of Alternates.
Attest:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 89-1838 Filed 1-25-89; 8:45 am]
BILLING CODE 3510-DS-M