[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Notices]
[Page 9743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3894]


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DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[Order No. 1739]


Approval for Expanded Manufacturing Authority, Foreign-Trade 
Subzone 116A, Motiva Enterprises, LLC (Oil Refinery), Port Arthur, TX

    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, the Foreign-Trade Zone of Southeast Texas, grantee of 
Foreign-Trade Zone 116, has requested authority on behalf of Motiva 
Enterprises, LLC (Motiva), to expand the scope of manufacturing 
activity conducted under zone procedures within Subzone 116A at the 
Motiva facilities in Port Arthur, Texas, (FTZ Docket 43-2010, filed 7-
1-2010);
    Whereas, notice inviting public comment has been given in the 
Federal Register (75 FR 39662-39663, 7-15-2010) and the application has 
been processed pursuant to the FTZ Act and the Board's regulations; 
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 the proposal would be 
in the public interest if subject to the restrictions listed below;
    Now, therefore, the Board hereby orders:
    The application to expand the scope of manufacturing authority 
under zone procedures within Subzone 116A, as described in the 
application and Federal Register notice, is approved, subject to the 
FTZ Act and the Board's regulations, including Section 400.28, and 
further subject to the following restrictions:

    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 (examiner's 
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 4th day of February 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration, Alternate 
Chairman, Foreign-Trade Zones Board.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2011-3894 Filed 2-18-11; 8:45 am]
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