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                             DEPARTMENT OF COMMERCE 
                           Foreign-Trade Zones Board 
 
                                [Order No. 301] 
 
                                  50 FR 20251 
 
                                  May 15, 1985 
 
 
Resolution and Order Approving the Application of Wisconsin, Ltd., for a 
Special-Purpose Subzone in Sturgeon Bay, WI, Adjacent to the Green Bay 
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 Foreign Trade Zone of 
Wisconsin, Ltd., grantee of Foreign-Trade Zone 41, filed with the Foreign-
Trade Zones Board (the Board) on November 16, 1984, requesting special-
purpose subzone status for the shipyard of Bay Shipbuilding Corporation in 
Sturgeon Bay, Wisconsin, adjacent to the Green Bay Customs port of entry, 
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 certain
conditions, approves the application subject to the following conditions: 
(1) Any steel plate, angles, shapes, channels, rolled steel stock, bars, 
pipes and tubes, classified under Schedule 6, Part 2, Subpart B, TSUS, and 
not incorporated into merchandise otherwise classified, and which is used 
in manufacturing shall be subject to Customs duties in accordance with 
applicable law, if the same item is then being produced by a domestic 
steel mill; and (2) in addition to the annual report, Bay Shipbuilding 
shall advise the Board's Executive Secretary as to significant new 
contracts, with appropriate information concerning foreign purchases 
otherwise dutiable, so that the Board may consider whether any foreign 
dutiable items are being imported for manufacturing in the subzone primarily
because of subzone status and whether the Board should consider requiring 
Customs duties to be paid on such items. 
 
   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 Establish a Foreign-Trade Subzone in Sturgeon Bay, 
Wisconsin, Adjacent to the Green Bay Customs Port of Entry  
 
   Whereas, by an Act of Congress approved June 18, 1934, an Act "To provide
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 Foreign Trade Zone of Wisconsin, Ltd., grantee of Foreign-
Trade Zone No. 41, has made application (filed November 16, 1984, Docket 
No. 51-84, 49 FR 46922) in due and proper form to the Board for authority 
to establish a special-purpose subzone at Bay Shipbuilding Corporation's 
shipyard in Sturgeon Bay, Wisconsin, adjacent to the Green Bay 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 would be satisfied if approval is given subject to the 
conditions stated in the resolution; 
 
   Now, therefore, in accordance with the application filed November 16, 
1984, the Board hereby authorizes the establishment of a subzone at Bay 
Shipbuilding's Sturgeon Bay Shipyard, designated on the records of the 
Board as Foreign-Trade Subzone No. 41E 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, and those stated 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, 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 6th day of May 
1985, pursuant to Order of the Board. 
 
 
Foreign-Trade Zones Board. 
 
 
William T. Archey, 
 
   Assistant Secretary of Commerce for Trade Administration, Chairman, 
Committee of Alternates. 
 
   Attest: 
 
 
John J. Da Ponte, Jr., 
 
   Executive Secretary.   
[FR Doc. 11741 Filed 5-14-1985; 8:45 am] 
 
   BILLING CODE 3510-DS-M