FTZ 49 Expansion

Expansion of Foreign-Trade Zone 49, Newark, New Jersey, 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, the Port Authority of New York and New Jersey, grantee of Foreign-Trade Zone 49, submitted an application to the Board for authority to expand its zone to include a site at the Heller Industrial Park (Site 11) in Edison, New Jersey, within the Newark/New York Customs and Border Protection port of entry (FTZ Docket 5-2009, filed 2/6/09);

Whereas, notice inviting public comment was given in the Federal Register (74 FR 7392-7393, 2/17/09) and the application has been processed pursuant to the FTZ Act and the Board's regulations; and,

Whereas, the Board adopts the findings and recommendation of the examiner's report, and finds that the requirements of the FTZ Act and Board's regulations are satisfied, and that the proposal is in the public interest;

Now, therefore, the Board hereby orders:

The application to expand FTZ 49 is approved, subject to the FTZ Act and the Board's regulations, including Section 400.28, and to the Board's standard 2,000-acre activation limit for the overall general-purpose zone project, and further subject to a sunset provision that would terminate authority on July 31, 2014, for Site 11 if no activity has occurred under FTZ procedures before that date.

Signed at Washington, DC, this 16th day of July 2009.

Foreign-Trade Zone 7 Scope Clarification Request; IPR Pharmaceuticals, Inc.

Foreign-Trade Zone 7--Mayaguez, PR; Scope Clarification Request; IPR Pharmaceuticals, Inc. (Pharmaceuticals)

A request for clarification of scope has been submitted to the Foreign-Trade Zones Board (the Board) by IPR Pharmaceuticals, Inc. (IPR), operator of IPR's pharmaceuticals manufacturing operations within FTZ 7, in Canovanas, Puerto Rico.

Manufacturing authority for pharmaceuticals and intermediates at IPR's FTZ 7 manufacturing facilities was issued on December 14, 2001 (Board Order 1203, 67 FR 71934, 12/03/2002). IPR listed in the original application specific component/product manufacturing which would be performed at the outset and also listed categories of components and products which might be sourced from abroad in the future. IPR has now informed the Board that future production will involve the use of an imported ingredient that was not specifically listed as a foreign-sourced component in the original manufacturing request. The company intends to use a foreign-sourced active ingredient, AZD0530 difumarate (HTSUS 2934.99.3000--6.5%), in production of difumarate tablets (HTSUS 3004.90.9115--duty-free).

The FTZ staff invites the comments of interested parties for consideration in its review. Submissions shall be addressed to the Board's Executive Secretary at the address listed below. The closing period for their receipt is August 21, 2009.

A copy of the request will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230-0002.

Application for Reorganization Under Alternative Site Framework

Foreign-Trade Zone 39--Dallas/Fort Worth, TX; Application for Reorganization Under Alternative Site Framework

An application has been submitted to the Foreign-Trade Zones (FTZ) Board (the Board) by Dallas/Fort Worth International Airport Board, grantee of FTZ 39,requesting authority to reorganize the zone under the alternative site framework (ASF) adopted by the Board (74 FR 1170, 01/12/09; correction 74 FR 3987, 01/22/09). The ASF is an option for grantees for the establishment or reorganization of general-purpose zones and can permit significantly greater flexibility in the designation of new ``usage-driven'' FTZ sites for operators/users located within a grantee's ``service area'' in the context of the Board's standard 2,000-acre activation limit for a general-purpose zone project. The application was submitted pursuant to the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR part 400). It was formally filed on July 17, 2009.

The grantee's proposed service area under the ASF would be the Texas counties of Dallas, Tarrant, Kaufman, Collin, Grayson, and Denton. If approved, the grantee would be able to serve sites throughout the service area based on companies' needs for FTZ designation. The proposed service area is adjacent to the Dallas/Fort Worth Customs and Border Protection port of entry.

FTZ 39 was approved on August 17, 1978 (Board Order 133, 43 FR 37478, 8/23/78), and expanded on: December 11, 1992 (Board Order 613, 57 FR 61046, 12/23/92); December 27, 1994 (Board Order 723, 60 FR 2377, 1/9/95); December 27, 1994 (Board Order 724, 60 FR 2376, 1/9/95); March 12, 1999 (Board Order 1028, 64 FR 14212, 3/24/99); March 29, 2002 (Board Order 1213, 67 FR 17049, 4/9/02); and February 27, 2008 (Board Order 1542, 73 FR 13531-13532, 3/13/08). The applicant is requesting to include its current sites in the reorganized zone as ``magnet'' sites. The applicant proposes that Site 1 be exempt from ``sunset'' time limits that otherwise apply to sites under the ASF. No usage-driven sites are being proposed at this time. Because the ASF only pertains to establishing or reorganizing a general-purpose zone, the application would have no impact on FTZ 39's authorized subzones.

In accordance with the Board's regulations, Kathleen Boyce of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the Board.

Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is September 21, 2009. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period (to October 5, 2009).

A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230-0002, and in the ``Reading Room'' section of the Board's Web site, which is accessible via http://www.trade.gov/ftz.

Application for Reorganization Under Alternative Site Framework

Foreign-Trade Zone 260--Lubbock, TX; Application for Reorganization Under Alternative Site Framework

An application has been submitted to the Foreign-Trade Zones (FTZ) Board (the Board) by the City of Lubbock, Texas, grantee of FTZ 260, requesting authority to reorganize the zone under the alternative site framework (ASF) adopted by the Board (74 FR 1170, 01/12/09; correction 74 FR 3987, 01/22/09). The ASF is an option for grantees for the establishment or reorganization of general-purpose zones and can permit significantly greater flexibility in the designation of new ``usage-driven'' FTZ sites for operators/users located within a grantee's ``service area'' in the context of the Board's standard 2,000-acre activation limit for a general-purpose zone project. The application was submitted pursuant to the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR part 400). It was formally filed on July 15, 2009.

The grantee's proposed service area under the ASF would be Garza, Hale, Hockley, Lubbock and Terry Counties, Texas. If approved, the grantee would be able to serve sites throughout the service area based on companies' needs for FTZ designation. The proposed service area is adjacent to the Lubbock Customs and Border Protection port of entry.

FTZ 260 was approved by the FTZ Board on January 14, 2004 (Board Order 1315, 69 FR 3876, 1/27/04). The applicant is requesting to include the following current sites in the reorganized zone as ``magnet'' sites: Proposed Site 1 (693 acres)-Lubbock International Airport, 5401 N. Martin Luther King, Jr. Blvd., Lubbock; and Proposed Site 2 (1700 acres)-Reese Technology Center, 9801 Reese Blvd., Lubbock. The applicant proposes that Site 1 be exempt from ``sunset'' time limits that otherwise apply to sites under the ASF. The applicant is also requesting approval of the following initial ``usage-driven'' sites: Proposed Site 3 (1.4 acres)--Holiday LiteSource, 301 Southeast Loop 289, Lubbock; and Proposed Site 4 (5.3 acres)--J&B Industrial Services, Inc., 529 N.E. Loop 289, Lubbock.

In accordance with the Board's regulations, Kathleen Boyce of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the Board.

Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is September 21, 2009. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period (to October 5, 2009).

A copy of the application will be available for public inspection at the Office of the Executive Secretary,Foreign-Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230-0002, and in the ``Reading Room'' section of the Board's Web site, which is accessible via http://www.trade.gov/ftz.

Foreign-Trade Zone 234 Application for Reorganization under Alternative Site Framework

Foreign-Trade Zone 234 Gregg County, Texas, Application for Reorganization under Alternative Site Framework

An application has been submitted to the Foreign-Trade Zones Board by Gregg County, Texas, grantee of FTZ 234, requesting authority to reorganize the zone under the alternative site framework (ASF) adopted by the Board (74 FR 1170, 01/12/09; correction 74 FR 3987, 01/22/09). The ASF is an option for grantees for the establishment or reorganization of general-purpose zones and can permit

significantly greater flexibility in the designation of new ``usage-driven'' FTZ sites for operators/users located within a grantee's ``service area'' in the context of the Board's standard 2,000-acre activation limit for a general-purpose zone project. The application was submitted pursuant to the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR Part 400). It was formally filed on July 7, 2009.

The grantee's proposed service area under the ASF would be Gregg County, Texas. If approved, the grantee would be able to serve sites throughout the service area based on companies' needs for FTZ designation. The proposed service area is adjacent to the Shreveport-Bossier City Customs and Border Protection port of entry.

FTZ 234 was approved by the FTZ Board in 1998 (Board Order 1003, 63 FR 63671, 11/16/1998) and expanded in 2008 (Board Order 1590, 73 FR 76611, 12/17/2008). The applicant is requesting to include the following current sites in the reorganized zone as ``magnet'' sites: Proposed Site 1 (239 acres)-Gregg County Airport, 269 Terminal Circle, Longview; Proposed Site 2 (60 acres)-warehouse facility, 1320 East Harrison Road, Longview; and, Proposed Site 3 (217 acres)-Synergy Park, 1000 Synergy Boulevard, Elder Lake. The applicant proposes that Site 1 be exempt from ``sunset'' time limits that otherwise apply to sites under the ASF. No usage-driven sites are being proposed at this time.

In accordance with the Board's regulations, Kathleen Boyce of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the Board.Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is September 15, 2009. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period (to September 30, 2009).

A copy of the FTZ application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230-0002, and in the ``Reading Room'' section of the Board's website, which is accessible via www.trade.gov/ftz.

Foreign-Trade Zones Notice of Public Hearing and Extension of Comment Period

Foreign-Trade Zones 29 and 203 Applications for Subzone Authority Dow Corning Corporation and REC Silicon; Notice of Public Hearing and Extension of Comment Period

A public hearing will be held on the foreign-trade zone applications for subzone authority at the Dow Corning Corporation (Dow Corning) facilities in Carrollton, Elizabethtown and Shepherdsville, Kentucky (74 FR 21621-21622, 5/8/09) and at the REC Silicon facility in Moses Lake, Washington (74 FR 25488-25489, 5/28/09). The Commerce examiner will hold the public hearing on September 1, 2009 at 1 p.m., at the Department of Commerce, Room 4830, 1401 Constitution Ave., NW., Washington, DC 20230. Interested parties should indicate their intent to participate in the hearing and provide a summary of their remarks no later than August 28, 2009.

The comment period for the cases referenced above is being extended to September 16, 2009, to allow interested parties additional time in which to comment. Rebuttal comments may be submitted during the subsequent 15-day period, until October 1, 2009. Submissions (original and one electronic copy) shall be addressed to the Board's Executive Secretary at: Foreign-Trade Zones Board, U.S. Department of Commerce, Room 2111, 1401 Constitution Ave., NW., Washington, DC 20230.