[Federal Register Volume 76, Number 227 (Friday, November 25, 2011)]
[Notices]
[Page 72675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30315]


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 DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[Order No. 1797]


Grant of Authority for Subzone Status, Valero Refining Company--
California, (Oil Refinery), Benicia, CA

    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 Zones Act provides 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,'' and authorizes the Foreign-Trade Zones Board to grant 
to qualified corporations the privilege of establishing foreign-trade 
zones in or adjacent to U.S. Customs and Border Protection 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, the Port of San Francisco, grantee of Foreign-Trade Zone 
3, has made application to the Board for authority to establish a 
special-purpose subzone at the oil refining facilities of Valero 
Refining Company--California, located in Benicia, California (FTZ 
Docket 12-2011, filed 2-17-2011);
    Whereas, notice inviting public comment has been given in the 
Federal Register (76 FR 10329, 2-24-2011) 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 grants authority for subzone 
status for the oil refining facilities of Valero Refining Company--
California, located in Benicia, California (Subzone 3D), as described 
in the application and Federal Register notice, subject to the FTZ Act 
and the Board's regulations, including Section 400.28, and further 
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 (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 16th day of November 2011.
Paul Piquado,
Assistant Secretary of Commerce for Import Administration, Alternate 
Chairman, Foreign-Trade Zones Board.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2011-30315 Filed 11-23-11; 8:45 am]
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