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                             DEPARTMENT OF COMMERCE 
                           Foreign-Trade Zones Board 
 
                                [Order No. 265] 
 
                                  49 FR 28589 
 
                                 July 13, 1984 
 
 
Resolution and Order Approving the Application of the City of Memphis, 
Tennessee, for a Foreign-Trade Subzone for Sharp in Memphis  
 
TEXT: Resolution and Order 
 
   Proceedings of the Foreign-Trade Zones Board, Washington, D.C.  
 
   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 City of Memphis, 
Tennessee, grantee of Foreign-Trade Zone 77, filed with the Foreign-Trade 
Zones Board (the Board) on December 15, 1983, requesting special-purpose 
subzone status for the microwave oven and television manufacturing plant 
of Sharp Manufacturing Company of America in Memphis, adjacent to the 
Memphis 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 a 
restriction is adopted requiring that full Customs duties be paid on foreign
television picture tubes used at the facility, approves the application 
subject to the condition that Sharp be required to elect privileged foreign
status (19 CFR 146.21) on all such picture tubes used at the facility that
are sourced abroad.  

   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 Memphis, 
Tennessee   

   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 Memphis, Tennessee, grantee of Foreign-Trade Zones 
No. 77, has made application (filed December 15, 1983, Docket No. 49-83, 
48 FR 57346) in due and proper form to the Board for authority to establish
a special-purpose subzone at the microwave oven and television receiver 
manufacturing plant of Sharp Manufacturing Company of America (Sharp), 
located in Memphis, Tennessee, adjacent to the Memphis 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; 
 
   Whereas, the Board, pursuant to its authority to restrict or prohibit 
operations detrimental to the public interest (19 U.S.C. 81o), considered 
the possible impact of the proposed subzone on competing domestic 
industries; and,  
 
   Whereas, the Board has found that the requirements of the Act and the 
Board's regulations are satisfied, and that the proposal would be in the 
public interest if a restriction is adopted requiring that full Customs 
duties be paid on foreign television picture tubes used at the facility;
 
   Now, therefore, in accordance with the application filed December 15, 
1983, the Board herby authorizes the establishment of a subzone at the 
manufacturing facilities of Sharp in Memphis, Tennessee, designated on the 
records of the Board as Foreign-Trade Subzones No. 77A 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: 
 
   Any foreign picture tubes used at the facility shall be dutiable at the 
full rate applicable to such tubes (privileged foreign status), unless the 
finished product is exported. 
 
   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 2nd day of July 
1984 pursuant to Order of the Board. 
 
   Dated: July 2, 1984. 
 
 
Foreign-Trade Zones Board. 
 
 
Alan F. Holmer, 
 
Acting Assistant Secretary of Commerce for Trade Administration, Chairman, 
Committee of Alternates. 
 
 
Attest: 
 
 
John J. Da Ponte, Jr., 
 
   Executive Secretary.   
[FR Doc. 84-18560 Filed 7-12-84; 8:45 am] 
 
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