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                             DEPARTMENT OF COMMERCE 
                           Foreign-Trade Zones Board 
 
                                [Order No. 412] 
 
                                   54 FR 165 
 
                                January 4, 1989 
 
   Resolution and Order Approving the Application of the City of Weslaco, 
TX, for a General-Purpose Zone and Three Subzones in Waslaco, TX  
 
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 (the
Board) has adopted the following Resolution and Order: 
 
   The Board, having considered the matter, hereby orders:  
 
   After consideration of the application of the City of Weslaco, Texas, 
filed with the Foreign-Trade Zones Board (the Board) on October 21, 1987, 
requesting a grant of authority for establishing, operating, and maintaining
a general-purpose foreign-trade zone in Weslaco, Texas, adjacent to the 
Progreso Customs port of entry, and requesting special-purpose subzone 
status for three food product processing facilities of McManus Produce 
Company, Gulf DeBruyn Produce Company, and Sundor Brands, Inc., located in 
Weslaco, 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 were subject 
to the condition that Sundor be required to elect privileged foreign status 
(19 CFR 146.41) on all foreign merchandise admitted to the Sundor subzone, 
including citrus juice products, approves the application subject to the 
foregoing restriction.  
 
   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 @ 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 for approval prior to the 
commencement of any manufacturing operation within the general-purpose zone 
or within the McManus of Gulf DeBruyn subzones, and before the commencement
of any new manufacturing within the Sundor subzone. 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 
 
   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 City of Weslaco, Texas (the Grantee) has made application 
(filed October 21, 1987, FTZ Docket 25-87, 52 FR 42328) in due and proper 
form to the Board, requesting the establishment, operation, and maintenance
of a foreign-trade zone, and subzones at three food processing plants, in 
Weslaco, Texas, adjacent to the Progreso 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 (15 CFR Part 400) would be satisfied and that the 
proposal would be in the public interest if approval is given subject to 
the conditions in the resolution accompanying this action; 
 
   Now, therefore, the Board hereby grants to the Grantee the privilege of 
establishing, operating, and maintaining a foreign-trade zone and subzones, 
designated on the records of the Board as Zone No. 156 and Subzone Nos. 
156A (McManus site), 156B (Gulf DeBruyn site), and 156C (Sundor site), at 
the locations mentioned above and more particularly described on the maps 
and drawings accompanying the application in Exhibits IX and X, subject to 
the provisions, conditions, and restrictions of the Act, the Board's 
regulations, the resolution accompanying this action, and the following 
express conditions and limitations: 
 
   Operation of the foreign-trade zone and subzones shall be commenced by 
the Grantee 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. 
 
   The Grantee shall allow officers and employees of the United States free
and unrestricted access to and throughout the foreign-trade zone and 
subzone sites in the performance of their official duties. 
 
   The grant does not include authority for manufacturing within the 
general-purpose zone, and the Grantee shall notify the Board for approval 
prior to the commencement of any manufacturing operations within the 
general-purpose zone, and any new manufacturing within the subzones.  
I11The 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 zone, 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 28th day of December, 1988, 
pursuant to Order of the Board. 
 
 
Foreign-Trade Zones Board. 
 
 
Donna Tuttle, 
 
   Acting Chairman and Executive Officer. 
 
 
Attest: 
 
 
John J. Da Ponte, Jr., 
 
   Executive Secretary.   
[FR Doc. 89-82 Filed 1-3-89; 8:45 am] 
 
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