2012-21865. Reorganization of Foreign-Trade Zone 189 Under Alternative Site Framework, Kent, Ottawa, and Muskegon Counties, MI

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 Board adopted the alternative site framework (ASF) (74 FR 1170, 01/12/09; correction 74 FR 3987, 01/22/09; 75 FR 71069-71070, 11/22/10) as an option for the establishment or reorganization of general-purpose zones;

Whereas, the Kent-Ottawa-Muskegon Foreign-Trade Zone Authority, grantee of Foreign-Trade Zone 189, submitted an application to the Board (FTZ Docket 12-2012, filed 03/1/2012) for authority to reorganize under the ASF with a service area of Kent, Ottawa and Muskegon Counties, Michigan, within and adjacent to the Grand Rapids Customs and Border Protection port of entry, and FTZ 189's existing Sites 1-9 would be categorized as magnet sites;

Whereas, notice inviting public comment was given in the Federal Register (77 FR 14000, 3/8/2012) 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 the Board's regulations are satisfied, and that the proposal is in the public interest;

Now, therefore, the Board hereby orders:

The application to reorganize FTZ 189 under the alternative site framework is approved, subject to the FTZ Act and the Board's regulations, including Section 400.13, to the Board's standard 2,000-acre activation limit for the overall general-purpose zone project, and to a five-year ASF sunset provision for magnet sites that would terminate authority for Site 1-8 if not activated by August 31, 2017.

Signed at Washington, DC, this 17th day of August 2012.

Ronald K. Lorentzen,

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

Attest:

Andrew McGilvray,

Executive Secretary.