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                             DEPARTMENT OF COMMERCE 
                           Foreign-Trade Zones Board 
 
                                [Order No. 274] 
 
                                  49 FR 42969 
 
                                October 25, 1984 
 
 
Resolution and Order Approving the Application of the Hawaiian State 
Department of Planning and Economic Development for a Special-Purpose 
Subzone in Honolulu, HI; Proceedings of the Foreign-Trade Zones Board, 
Washington, DC  
 
TEXT: 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 Hawaiian State Department 
of Planning and Economic Development, submitted on behalf of the State of 
Hawaii, grantee of Foreign-Trade Zone 9, filed with the Foreign-Trade Zones
Board (the Board) on May 18, 1984, requesting special-purpose subzone 
status for export-related operations at the milling and blending facility 
of Hawaiian Flour Mills, Inc. (HFM), in Honolulu, Hawaii, within the 
Honolulu 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 Honolulu, 
Hawaii   

   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 Hawaiian State Department of Planning and Economic 
Development, on behalf of the State of Hawaii, grantee of Foreign-Trade 
Zone No. 9, has made application (filed May 18, 1984, Docket No. 28-84, 
49 FR 22120) in due and proper form to the Board for authority to 
establish a special-purpose subzone for the export operations of Hawaiian 
Flour Mills, Inc. in Honolulu, Hawaii, with the Honolulu, Hawaii, within 
the Honolulu 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 requirements of the Act and the 
Board's regulations are satisfied; 
 
   Now, therefore, in accordance with the application filed May 18, 1984, 
the Board hereby authorizes the establishment of a subzone for the export 
operations of the Hawaiian Flour Mills plant in Honolulu, designated on 
the records of the Board as Foreign-Trade Subzone No. 9B 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 
permit 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 affized hereto by its Chairman and 
Executive Officer or his delegate at Washington, D.C. this 17th day of 
October 1984 pursuant to Order of the Board.  
 
Foreign-Trade Zones Board. 
 
 
William T. Archey, 
 
 Acting Assistant Secretary of Commerce for Trade Aministration, Chairman, 
Committee of Alternates. 
 
   Attest: 
 
 
John J. Da Ponte, Jr., 
 
   Executive Secretary.   
[FR Doc. 84-28225 Filed 10-24-84; 8:45 am] 
 
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