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[Federal Register: December 20, 1995 (Volume 60, Number 244)]
[Notices]
[Page 65634]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de95-65]

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[[Page 65634]]

DEPARTMENT OF COMMERCE
[Order No. 792]


Grant of Authority for Subzone Status; Bayway Refining Company
(Oil Refinery), Linden, New Jersey

    Pursuant to its authority under the Foreign-Trade Zones Act of
June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade
Zones Board (the Board) adopts the following Order:

    Whereas, by an Act of Congress approved June 18, 1934, an Act ``To
provide for the establishment * * * 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 to grant to
qualified corporations the privilege of establishing foreign-trade
zones in or adjacent to U.S. Customs ports of entry;
    Whereas, the Board's regulations (15 CFR part 400) provide for the
establishment of special-purpose subzones when existing zone facilities
cannot serve the specific use involved;
    Whereas, an application from the Port Authority of New York and New
Jersey, grantee of Foreign-Trade Zone 49, for authority to establish
special-purpose subzone status at the oil refinery complex of Bayway
Refining Company in Linden, New Jersey, was filed by the Board on June
19, 1995, and notice inviting public comment was given in the Federal
Register (FTZ Docket 32-95, 60 FR 33187, 6-27-95); and,
    Whereas, the Board has found that the requirements of the FTZ Act
and Board's regulations would be satisfied, and that approval of the
application would be in the public interest if approval is subject to
the conditions listed below;
    Now, therefore, the Board hereby authorizes the establishment of a
subzone (Subzone 49E) at the Bayway Refining Company oil refinery
complex, in Linden, New Jersey, at the location described in the
application, subject to the FTZ Act and the Board's regulations,
including Sec. 400.28, and subject to the following conditions:
    1. Foreign status (19 CFR 146.41, 146.42) products consumed as fuel
for the refinery shall be subject to the applicable duty rate.
    2. Privileged foreign status (19 CFR 146.41) shall be elected on
all foreign merchandise admitted to the subzone, except that non-
privileged foreign (NPF) status (19 CFR 146.42) may be elected on
refinery inputs covered under HTSUS Subheadings #2709.00.1000-
#2710.00.1050 and #2710.00.2500 which are used in the production of:

--petrochemical feedstocks and refinery by-products (examiners report,
Appendix D);
--products for export; and,
--products eligible for entry under HTSUS #9808.00.30 and 9808.00.40
(U.S. Government purchases).

    3. The authority with regard to the NPF option is initially granted
until September 30, 2000, subject to extension.

    Signed at Washington, DC, this 12th day of December 1995.
Susan G. Esserman,
Assistant Secretary of Commerce for Import Administration, Alternate
Chairman, Foreign-Trade Zones Board.

    Attest:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 95-30953 Filed 12-19-95; 8:45 am]
BILLING CODE 3510-DS-P