[Federal Register Volume 67, Number 79 (Wednesday, April 24, 2002)]
[Notices]
[Page 20088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10077]


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DEPARTMENT OF COMMERCE

Foreign Trade-Zone Board

[Order No. 1216]


Grant of Authority for SubZone Status; BP Products North America, 
Inc. (Oil Refinery), Bellingham, WA Area

    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, and when the 
activity results in a significant public benefit and is in the 
public interest;
    Whereas, an application from the Port of Bellingham, Washington, 
grantee of Foreign-Trade Zone 129, for authority to establish 
special-purpose subzone status at the oil refinery complex of BP 
Products North America, Inc. (formerly Atlantic Richfield Company 
(ARCO)), in the Bellingham, Washington, area, was filed by the Board 
on January 25, 2001, and notice inviting public comment was given in 
the Federal Register (FTZ Docket 7-2001, (66 FR 8930, 2/5/01); 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 129A) at the oil refinery complex of BP Products 
North America, Inc., in the Bellingham, Washington, area, 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 #2709.00.10, 
#2709.00.20, #2710.11.25, #2710.11.45, #2710.19.05, #2710.19.10, 
#2710.19.45, #2710.91.00, #2710.99.05, #2710.99.10, #2710.99.16, 
#2710.99.21, and #2710.99.45 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).

    Signed at Washington, DC, this 15th day of April 2002.
Faryar Shirzad,
Assistant Secretary of Commerce for Import Administration, Alternate 
Chairman, Foreign-Trade Zones Board.
[FR Doc. 02-10077 Filed 4-23-02; 8:45 am]
BILLING CODE 3510-DS-P