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                             DEPARTMENT OF COMMERCE 
                           Foreign-Trade Zones Board 
 
                                [Order No. 276] 
 
                                  49 FR 40626 
 
                                October 17, 1984 
 
 
Resolution and Order Approving the Application of the City of San Jose, CA,
for a Special-Purpose Subzone in Fremont, CA, Within the San Francisco-
Oakland Customs Port of Entry 
 
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 City of San Jose, 
California, grantee of Foreign-Trade Zone 18, filed with the Foreign-Trade 
Zones Board (the Board) on April 30, 1984, requesting subzone status for 
the automobile manufacturing facility of New United Motor Manufacturing, 
Inc., a joint venture between General Motors Corporation and Toyota Motor 
Corporation, in Fremont, California, within 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 in Fremont, CA, 
Within the San Francisco-Oakland 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 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 San Jose, California, grantee of Foreign-Trade Zone 
No. 18, has made application (filed April 30, 1984, Docket No. 20-84, 49 
FR 18880) in due and proper form to the Board for authority to establish 
a special-purpose subzone at the automobile manufacturing plant of New 
United Motor Manufacturing, Inc. (NUMMI), located in Fremont, California, 
within the San Francisco-Oakland 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 proposal is in the public interest
and that the requirements of the Act and the Board's regulations are 
satisfied;   

   Now, therefore, in accordance with the application filed April 30, 
1984, the Board hereby authorizes the establishment of a subzone at NUMMI's
auto plant in Fremont, designated on the records of the Board as 
Foreign-Trade Subzone No. 18B 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:  
 
   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 5th day of 
October 1984 pursuant to Order of the Board. 
 
 
Foreign-Trade Zones Board. 
 
 
William T. Archey, 
 
Acting Assistant Secretary of Commerce for Trade Administration, Chairman, 
Committee of Alternates. 
Attest: 
 
 
John J. Da Ponte, Jr., 
 
   Executive Secretary.  
[FR Doc. 84-27368 Filed 10-16-84; 8:45 am] 
 
   BILLING CODE 3510-05-M