[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Notices]
[Pages 65633-65634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30953]



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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