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                             DEPARTMENT OF COMMERCE 
                           Foreign-Trade Zones Board 
 
                                [Order No. 257] 
 
                                  49 FR 24757 
 
                                 June 15, 1984 
 
 
Resolution and Order Approving the Application of the State of Delaware for 
a Special-Purpose Subzone for J. Schoeneman Company in Wilmington, Delaware
 
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 the State of Delaware, 
submitted through the Delaware Development Office, filed with the Foreign-
Trade Zones Board (the Board) on July 28, 1983, requesting special-purpose 
subzone status for the textile processing and apparel manufacturing plant 
of the Wilmington Division of J. Schoeneman Company, a division of Cluett, 
Peabody and company, Inc., in Wilmington, Delaware, within the Wilmington 
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 would be in the public interest if zone 
activity is limited to nonmanufacturing operations, approves the application
subject to the condition that no activity shall be conducted under zone 
procedures that would change Customs classification or country of origin on
merchandise. 
 
   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 Wilmington, 
Delaware   

   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 State of Delaware, grantee of Foreign-Trade Zone No. 99, 
through the Delaware Development Office, has made application (filed July 
28, 1983, Docket No. 29-83, 48 FR 37502) in due and proper form to the 
Board for authority to establish a special-purpose subzone at the textile 
processing plant of J. Schoeneman Company in Wilmington, Delaware, within 
the Wilmington 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 would be satisfied, and that the proposal would be in 
the public interest if approval is given subject to the conditions stated 
in the resolution accompanying this action; 
 
   Now, therefore, in accordance with the application filed July 28, 1983, 
the Board hereby authorizes the establishment of a subzone at the 
facilities of J. Schoeneman Company in Wilmington, Delaware, designated on 
the records of the Board as Foreign-Trade Subzone No. 99A 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 issued 
thereunder, to the same extent as though the same were fully set forth 
herein, and also to the following express conditions and limitations: 
 
   Activities conducted under zone procedures shall be limited to non-
manufacturing processes. 
 
   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, D.C. this 4th day of 
June 1984 pursuant to Order of the Board. 
 
 
Foreign-Trade Zones Board. 
William T. Archey, 
 
   Assistant Secretary of Commerce for Trade Administration, Chairman, 
Committee of Alternates. 
 
   Attest: 
 
 
John J. Da Ponte, Jr., 
 
   Executive Secretary.   
[FR Doc. 84-16031 Filed 6-14-84; 8:45 am] 
 
   BILLING CODE 3510-DS-M