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###### Department of Commerce

###### Foreign-Trade Zones Board

          - [Order No. 1680]

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) in December 2008 (74 FR 1170, 01/12/09; correction 74 FR 3987, 01/22/09) as an option for the establishment or reorganization of general-purpose zones;                

*Whereas,*                     Orange County, New York, grantee of Foreign-Trade Zone 37, submitted an application to the Board (FTZ Docket 51-2009, filed 11/12/2009) for authority to reorganize under the ASF with a service area of Orange County, New York, adjacent to the New York/Newark Customs and Border Protection port of entry, FTZ 37's existing Sites 3 and 7 would be categorized as magnet sites, and the grantee proposes one initial usage-driven site (Sites 8);                

*Whereas,*                     notice inviting public comment was given in the                     **Federal Register**                     (74 FR 60238, 11/12/09) and the application has been processed pursuant to the FTZ Act and the Board's regulations; and,                

*Whereas,*                     the Board adopts the findings and recommendations 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 reorganize FTZ 37 under the alternative site framework is approved, subject to the FTZ Act and the Board's regulations, including Section 400.28, to the Board's standard 2,000-acre activation limit for the overall general-purpose zone project, to a five-year ASF sunset provision for magnet sites that would terminate authority for Site 7 if not activated by May 31, 2015, and to a three-year ASF sunset provision for usage-driven sites that would terminate authority for Site 8 if no foreign-status merchandise is admitted for a                     *bona fide*                     customs purpose by May 31, 2013.                

Signed at Washington, DC, May 13, 2010.

Ronald K. Lorentzen,

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

Attest:

Andrew McGilvray,

Executive Secretary.

[FR Doc. 2010-12806 Filed 5-26-10; 8:45 am]

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