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                             DEPARTMENT OF COMMERCE 
                           Foreign-Trade Zones Board 
 
                                [Order No. 178] 
 
                                  46 FR 40718 
 
                                August 11, 1981 
 
Resolution and Order Approving the Application of the Foreign-Trade Zone of Wisconsin, Ltd., to Expand Foreign-Trade Zone No. 41, and for Subzones in Kenosha and Manitowoc, Wisconsin

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 Foreign-Trade Zone of Wisconsin, Ltd., a Wisconsin corporation and grantee of Foreign-Trade Zone No. 41, filed with the Foreign-Trade Zones Board (the Board) on November 25, 1980, requesting a grant of authority to expand its general-purpose foreign-trade zone in Milwaukee, within the Milwaukee Customs port of entry, and to establish special-purpose subzones in Kenosha and Manitowoc, Wisconsin, within the Racine and Manitowoc Customs ports 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.

As the proposal involves open space on which buildings may be constructed by parties other than the grantee, this approval includes authority to the grantee to permit the erection of such buildings, pursuant to Section 400.815 of the Board's regulations, as are necessary to carry out the zone proposal, providing that prior to its granting such permission it shall have the concurrences of the local District Director of Customs, the U.S. Army District Engineer, when appropriate, and the Board's Executive Secretary. Further, the grantee shall notify the Board's Executive Secretary for approval prior to the commencement of any manufacturing operation within the zone. 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.

Foreign-Trade Zones Board, Washington, D.C., Grant of Authority to Expand Foreign-Trade Zone No. 41, Milwaukee, and to Establish Foreign-Trade Subzones in Kenosha and Manitowoc, Wisconsin

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 is empowered to authorize the expansion of zones when additional space is needed (15 CFR 400.607);

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, Foreign-Trade Zone of Wisconsin, Ltd., Grantee of Foreign-Trade Zone No. 41, Milwaukee, Wisconsin (the Grantee), has made application (filed November 25, 1980) in due and proper form to the Board for authority to expand its general-purpose zone in the City's Northwestern Industrial Park, Milwaukee, and to establish special-purpose subzones at the American Motors Corporation's automobile assembly plant in Kenosha, Wisconsin, and at the Muskegon Piston Ring Company manufacturing facility in Manitowoc, Wisconsin;

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 are satisfied;

Now, therefore, in accordance with the application filed November 25, 1980, the Board hereby authorizes the expansion of Foreign-Trade Zone No. 41, Milwaukee, and the establishment of subzones in Kenosha and Manitowoc, Wisconsin, designated on the records of the Board as Foreign-Trade Subzones No. 41A and 41B, respectively, at the locations 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:

Operation of the subzones shall be commenced within a reasonable time from the date of issuance of the grant, and prior thereto, any necesary permits shall be obtained from Federal, State, and municipal authorties.

Officers and employees of the United States shall have free and unrestricted access to and throughout the foreign-trade subzones 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 subzones, 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 at Washington, D.C. this 4th day of August 1981 pursuant to Order of the Board.

Foreign-Trade Zones Board.

Malcolm Baldrige,

Chairman and Executive Officer.

Attest.

John J. Da Ponte, Jr.,

Executive Secretary. [FR Doc. 81-23346 Filed 8-10-81; 8:45 am]