01-29488. Grant of Authority for Subzone Status, Komatsu America International Co. (Construction Equipment), Chattanooga, 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 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 Chattanooga Chamber Foundation, grantee of Foreign-Trade Zone 134, has made application to the Board for authority to establish special-purpose subzone status at the manufacturing facilities (construction equipment) of Komatsu America International Co., located in Chattanooga, Tennessee (FTZ Docket 48-2000, filed 7/17/2000; amended 6/6/2001);

Whereas, notice inviting public comment has been given in the Federal Register (65 FR 50178, 8/17/2000; amended 66 FR 32600, 6/15/2001); and,

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, and that approval of the application would be in the public interest;

Now, Therefore, the Board hereby grants authority for subzone status at the construction equipment manufacturing facilities of Komatsu America International Co., located in Chattanooga, Tennessee (Subzone 134A), at the locations described in the amended application, subject to the FTZ Act and the Board's regulations, including § 400.28.

Signed at Washington, DC, this 16th day of November 2001.

Faryar Shirzad,

Assistant Secretary of Commerce for Import Administration, Alternate Chairman, Foreign-Trade Zones Board.