[Federal Register Volume 67, Number 247 (Tuesday, December 24, 2002)]
[Notices]
[Page 78414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32265]


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DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[Order No. 1263]


Grant of Authority for Subzone Status; Tesoro Refining and 
Marketing Company (Oil Refinery); Martinez, CA, 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 San Francisco Port Commission, 
grantee of Foreign-Trade Zone 3, requesting special-purpose subzone 
status for the oil refinery complex of Tesoro Refining and Marketing 
Company (formerly Ultramar, Inc.), located in the Martinez, California, 
area, was filed by the Board on January 1, 2002, and notice inviting 
public comment was given in the Federal Register (FTZ Docket 1-2002, 
(67 FR 1438, 1/11/02)); 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 3C) at the oil refinery complex of the Tesoro Refining 
and Marketing Company in the Martinez, California, 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 Sec.  146.41) shall be elected 
on all foreign merchandise admitted to the subzone, except that non-
privileged foreign (NPF) status (19 CFR Sec.  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 10th day of December 2002.
Faryar Shirzad,
Assistant Secretary of Commerce for Import Administration, Alternate 
Chairman, Foreign-Trade Zones Board.
[FR Doc. 02-32265 Filed 12-23-02; 8:45 am]
BILLING CODE 3510-DS-P