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                             DEPARTMENT OF COMMERCE 
                           Foreign-Trade Zones Board 
 
                                [Order No. 164] 
 
                                  45 FR 70037 
 
                                October 22, 1980 
 

Resolution and Order Approving Application of Border Industrial Development,
Inc. for a Foreign-Trade Zone in Nogales, Ariz. 

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 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 Border Industrial 
Development, Inc., Nogales, Arizona, filed with the Foreign-Trade Zones 
Board (the Board) on February 26, 1980, requesting a grant of authority 
for establishing, operating, and maintaining a general-purpose foreign-
trade zone in Nogales, Arizona, within the Nogales 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. 

   As the proposal involves an industrial park type zone that envisages 
the possible construction of buildings by parties other than the grantee, 
this approval includes authority to the grantee to permit the erection of 
such buildings, pursuant to Section 400.815 of the Board's regulations, 
as are necessary to carry out the zone proposal, providing that prior to 
its granting such permission it shall have the concurrences of the local 
District Director of Customs, the U.S. Army District Engineer, when 
appropriate, and the Board's Executive Secretary for approval prior to 
the commencement of any manufacturing operation within the zone. 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 To Establish, Operate, and Maintain a Foreign-Trade Zone in 
Nogales, Ariz., Within the Nogales Customs Port of Entry 
 
   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 
to entry under the jurdiction of the United States;  

   Whereas, Border Industrial Development, Inc., (the Grantee), a 
non-profit Arizona civic corporation, has made application (filed February 
26, 1980) in due and proper form to the Board, requesting the 
establishment, operation and maintenance of a foreign-trade zone in 
Nogales, Arizona, within the Nogales 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 (15 CFR Part 400) are satisfied; 
 
   Now, Therefore, the Board hereby grants to the Grantee the privilege of 
establishing, operating, and maintaining a foreign-trade zone, designated 
on the records of the Board as Zone No. 60 at the location mentioned above 
and more particularly described on the maps and drawings accompanying the 
application in Exhibits IX and X, said grant being subject to the 
provisions, conditions, 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:

   Operation of the foreign-trade zone shall be commenced by the Grantee 
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. 
 
   The Grantee shall allow officers and employees of the United States 
free and unrestricted access to and throughout the foreign-trade zone site 
in the performance of their official duties. 

   The Grantee shall notify the Executive Secretary of the Board for 
approval prior to the commencement of any manufacturing operations within 
the zone.  
 
   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 zone, 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 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 at Washington, D.C. this 15th day of October 1980, 
pursuant to Order of the Board. 

 
Foreign-Trade Zones Board. 

 
Luther H. Hodges, Jr., 
 
   Chairman and Executive Officer. 
 
   Attest: 

 
John J. Da Ponte, Jr., 

   Executive Secretary.   
[FR Doc. 80-32908 Filed 10-21-80; 8:45 am]