[Federal Register Volume 62, Number 114 (Friday, June 13, 1997)]
[Notices]
[Page 32291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15610]



[[Page 32291]]

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DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board
[Order No. 891]


Grant of Authority for Subzone Status; Tosco Corporation; (Oil 
Refinery) Delaware County, Pennsylvania

    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 Philadelphia Regional Port 
Authority, grantee of Foreign-Trade Zone 35, for authority to establish 
special-purpose subzone status at the oil refinery complex of Tosco 
Corporation, located in Delaware County, Pennsylvania, was filed by the 
Board on September 29, 1995, and amended on January 28, 1997, and 
notice inviting public comment was given in the Federal Register (FTZ 
Docket 58-95, 60 FR 53164, 10-12-95 and 62 FR 7751, 2-20-97); and,
    Whereas, the Board adopts the findings and recommendations of the 
examiner's report, and finds 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 35D) at the oil refinery complex of Tosco Corporation, 
located in Delaware County, Pennsylvania, at the locations 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 C);
--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 2d day of June 1997.
Robert S. LaRussa,
Acting Assistant Secretary of Commerce for Import Administration, 
Alternate Chairman, Foreign-Trade Zones Board.
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 97-15610 Filed 6-12-97; 8:45 am]
BILLING CODE 3510-DS-P