[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]] ----------------------------------------------------------------------- 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