DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 346]
52 FR 10247
March 31, 1987
Resolution and Order Approving the Application of the Foreign-Trade Zone of
Wisconsin, Ltd., for a Special-Purpose Subzone in Milwaukee, WI
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 Foreign-Trade Zone of
Wisconsin, Ltd., grantee of FTZ 41, filed with the Foreign-Trade Zones Board
(the Board) on March 29, 1985, requesting special-purpose subzone status for
the chocolate manufacturing plant of Ambrosia Chocolate Company in Milwaukee,
Wisconsin, within the Milwaukee 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 two years from the commencement of subzone operations
subject to the following conditions:
(1) Authority for the subzone may be extended after a review by the
Board;
(2) Ambrosia must elect domestic or privileged foreign status, as
appropriate, with respect to foreign sugar that is used to manufacture
products that are not covered by U.S. sugar program import quotas as
designated in Presidential Proclamation 5294, as revised in Presidential
Proclamation 5340 (TSUS Nos. 958.16, 958.17, and 958.18);
(3) Because of the special circumstances of this case, this action will
not be considered a precedent for other FTZ Board actions involving sugar
or sugar-containing products.
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 in Milwaukee, WI
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 Foreign-Trade Zone of Wisconsin, Ltd., grantee of Foreign-
Trade Zone No. 41, has made application (filed March 29, 1985, Docket 6-85,
50 FR 16118) in due and proper form to the Board for authority to establish
a special-purpose subzone at the chocolate products manufacturing plant of
Ambrosia Chocolate Company in Milwaukee, Wisconsin;
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 if approval is given subject to the
conditions stated in the resolution accompanying this action;
Now, therefore, in accordance with the application filed March 29, 1985,
the Board hereby authorizes the establishment of a subzone at the plant of
Ambrosia Chocolate Company, Milwaukee, designated on the records of the
Board as Foreign-Trade Subzone No. 41F 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 the regulations, and those stated in the
resolution accompanying this action, 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, 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 subzone 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 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 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 23rd day of March 1987
pursuant to Order of the Board.
Paul Freedenberg,
Assistant Secretary of Commerce for Trade Administration,
Chairman, Committee of Alternates,
Foreign-Trade Zones Board.
Attest:
John J. DaPonte, Jr.,
Executive Secretary.
[FR Doc. 87-6978 Filed 3-30-87; 8:45 am]
BILLING CODE 3510-DS-M