Federal Register: December 28, 2000 (Volume 65, Number 250)

DOCID: FR Doc 00-33202

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

DOCUMENT ID: [Order No. 1134]

NOTICE: NOTICES

ACTION: Applications, hearings, determinations, etc.:

SUBJECT CATEGORY:

Grant of Authority for Subzone Status; Phillips Petroleum Company (Oil Refinery Complex); Borger, TX

DOCUMENT SUMMARY:

Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a81u), the ForeignTrade Zones Board (the Board) adopts the following Order:

Whereas, the ForeignTrade Zones Act provides for ``* * * the establishment * * * of foreigntrade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,'' and authorizes the ForeignTrade Zones Board to grant to qualified corporations the privilege of establishing foreigntrade 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 specialpurpose 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 City of Midland, grantee of ForeignTrade Zone 165, has made application to the Board for authority to establish special purpose subzone status at the oil refinery complex of Phillips Petroleum Company, located in Borger, Texas (FTZ Docket 192000, filed 5/3/00);

Whereas, notice inviting public comment was given in the Federal Register (65 FR 31301, 5/17/00); 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 grants authority for subzone status at the oil refinery complex of Phillips Petroleum Company, located in Borger, Texas (Subzone 165A), at the locations 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 petrochemical complex 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 inputs covered under HTSUS Subheadings #2710.00.05#2710.00.10, #2710.00.25, and #2710.00.4510 which are used in the production of: Petrochemical feedstocks (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 15th day of December 2000. Troy H. Cribb,
Assistant Secretary of Commerce for Import Administration, Alternate Chairman, ForeignTrade Zones Board.

SUMMARY:

Phillips Petroleum Co.; oil refinery complex,

DOCUMENT BODY 2:

Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a81u), the ForeignTrade Zones Board (the Board) adopts the following Order:

Whereas, the ForeignTrade Zones Act provides for ``* * * the establishment * * * of foreigntrade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,'' and authorizes the ForeignTrade Zones Board to grant to qualified corporations the privilege of establishing foreigntrade 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 specialpurpose 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 City of Midland, grantee of ForeignTrade Zone 165, has made application to the Board for authority to establish special purpose subzone status at the oil refinery complex of Phillips Petroleum Company, located in Borger, Texas (FTZ Docket 192000, filed 5/3/00);

Whereas, notice inviting public comment was given in the Federal Register (65 FR 31301, 5/17/00); 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 grants authority for subzone status at the oil refinery complex of Phillips Petroleum Company, located in Borger, Texas (Subzone 165A), at the locations 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 petrochemical complex 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 inputs covered under HTSUS Subheadings #2710.00.05#2710.00.10, #2710.00.25, and #2710.00.4510 which are used in the production of: Petrochemical feedstocks (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 15th day of December 2000. Troy H. Cribb,
Assistant Secretary of Commerce for Import Administration, Alternate Chairman, ForeignTrade Zones Board.