[Federal Register Volume 77, Number 223 (Monday, November 19, 2012)]
[Notices]
[Page 69435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27969]


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DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[Order No. 1868]


Grant of Authority for Subzone Status and Partial Approval of 
Manufacturing Authority; Toho Tenax America, Inc. (Oxidized 
Polyacrylonitrile Fiber and Carbon Fiber), Rockwood, TN

    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 for manufacturing activity 
when existing zone facilities cannot serve the specific use involved, 
and when the activity results in a significant public benefit, with a 
net positive economic effect, and is in the public interest;
    Whereas, the Industrial Development Board of Blount County, grantee 
of Foreign-Trade Zone 148, has made application to the Board for 
authority to establish a special-purpose subzone at the oxidized 
polyacrylonitrile fiber (OPF) and carbon fiber manufacturing and 
distribution facilities of Toho Tenax America, Inc. (TTA), located in 
Rockwood, Tennessee, (FTZ Docket 57-2010, filed 9-29-2010);
    Whereas, notice inviting public comment has been given in the 
Federal Register (75 FR 61696, 10/6/2010 and 75 FR 74002, 11/30/2010) 
and the application has been processed pursuant to the FTZ Act and the 
Board's regulations;
    Whereas, the Board adopts the findings and recommendations of the 
examiner's report, and finds that the requirements of the FTZ Act and 
the Board's regulations are satisfied with regard to approval of the 
proposed subzone with authority for TTA to manufacture OPF and to 
manufacture 24K or higher tow, standard grade carbon fiber for export; 
and
    Whereas, at this time, the Board is unable to approve authority for 
manufacturing under FTZ procedures of carbon fiber with tow less than 
24K or other than standard grade, or of any carbon fiber that TTA would 
sell in the U.S. market, because the record of the proceeding does not 
currently demonstrate that such manufacturing would result in a net 
positive economic effect and be in the public interest. However, the 
Board's staff will continue the review of the information in TTA's case 
record, as well as that presented in pending and projected FTZ 
applications for carbon fiber production and through any further 
industry questionnaire(s) or public hearing(s), before making any 
recommendation for a final determination regarding carbon fiber 
production for the U.S. market;
    Now, therefore, the Board hereby grants authority for subzone 
status for activity related to the manufacturing and distribution of 
OPF and of 24K or higher tow, standard grade carbon fiber for export at 
the facilities of Toho Tenax America, Inc., located in Rockwood, 
Tennessee (Subzone 148C), as described in the application and Federal 
Register notice, subject to the FTZ Act and the Board's regulations, 
including Section 400.13.

    Signed at Washington, DC, this 7th day of November 2012.
Paul Piquado
Assistant Secretary of Commerce for Import Administration, Alternate 
Chairman, Foreign-Trade Zones Board.
    Attest:
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2012-27969 Filed 11-16-12; 8:45 am]
BILLING CODE 3510-DS-P