Import Administration
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                             DEPARTMENT OF COMMERCE 
                           Foreign-Trade Zones Board 
 
                                [Order No. 401] 
 
                                  53 FR 52456 
 
                               December 28, 1988 
 
   Resolution and Order Approving the Application of the County of Monroe, 
NY, for a Special-Purpose Subzone for Kodak in the Rochester, NY, Area  
 
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 County of Monroe, New York,
grantee of FTZ 141, filed with the Foreign-Trade Zones Board (the Board) on 
October 19, 1987, requesting special-purpose subzone status for the 
manufacturing and distribution facilities (8 sites) of the Eastman Kodak 
Company in the Rochester, New York, area, 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 the condition that Kodak shall 
provide the FTZ Board and the District Director of Customs annually with a 
list of merchandise admitted to the zone in non-privileged status for 
manufacturing, and the resulting products, which merchandise had not been 
specifically mentioned in the application, approves the application, subject
to the foregoing condition. 
 
   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 at the Kodak Plant
in the Rochester, NY, Area 
 
   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 County of Monroe, New York, grantee of Foreign-Trade Zone 
No. 141, has made application (filed October 19, 1987, FTZ Docket 23-87, 
52 FR 41600, and amended on May 9, 1988), in due and proper form to the 
Board for authority to establish a special-purpose subzone at the 
manufacturing and distribution facilities of the Eastman Kodak Company in 
the Rochester, New York, area (Monroe, Ontario, and Wayne Counties); 
 
   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 has found that the requirements of the Act and the 
Board's regulations would be satisfied provided that approval is subject 
to the condition in the accompanying resolution; 
 
   Now, therefore, in accordance with the application filed October 19, 
1987, and amended on May 9, 1988, the Board hereby authorizes the 
establishment of a subzone at the Rochester, New York, area facilities of 
Eastman Kodak Company, designated on the records of the Board as Foreign-
Trade Subzone No. 141A 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 regulations, and to the condition 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 the Grantee shall
obtain all necessary permits 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 the Grantee 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 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, DC, this 16th day of December, 1988, 
pursuant to Order of the Board. 
 
   Foreign-Trade Zones Board. 
 
 
Jan W. Mares, 
 
   Assistant Secretary of Commerce for Import Administration, Chairman, 
Committee of Alternates. 
 
   Attest: 
 
 
John J. Da Ponte, Jr., 
 
   Executive Secretary.   
[FR Doc. 88-29814 Filed 12-27-88; 8:45 am] 
 
   BILLING CODE 3510-DS-M