Operation of a passenger vessel between Canada and the United States

HQ 109741 October 28, 1988 VES-1-CO:R:P:C 109741 DHR CATEGORY: Carriers Mr. Larry B. Stewart General Manager Olde Boatworks Box 875 Niagara-On-The-Lake Ontario, L0S 1J0 RE: Operation of a passenger vessel between Canada and the United States Dear Mr. Stewart: This is with reference to your letter of August 24, 1988, concerning your proposal to operate a passenger vessel between Canada and the United States. ISSUE: What U.S. Custom requirements are involved in the operation of a passenger vessel between Canada and the United States. FACTS: It is proposed to operate a passenger vessel between the ports of Niagara-On-The-Lake, Ontario, Canada, and Lewiston and Youngstown, New York. An inquiry has been made to ensure compliance with all U.S. Customs requirements. LAW AND ANALYSIS: Section 1433, title 19, United States Code, provides for the immediate report of arrival at a U.S. port of any vessel from a foreign port or of a foreign-flag vessel from either a foreign or U.S. port. - 2 - Section 1434 of title 19 provides that a U.S. vessel shall make entry at the Customhouse within 48 hours of its arrival in the United States from a foreign port and section 1435 provides for the entry within 48 hours of a foreign vessel from a foreign or U.S. port. Sections 4.7 and 4.7a, Customs Regulations (copies attached) set forth the procedures involved in making entry. However, section 1441(2) of title 19, exempts from the entry requirement "Passenger vessels making three trips or oftener a week between a port of the United States and a foreign port, or vessels used exclusively as ferryboats, carrying passengers, baggage or merchandise:" provided the arrival of baggage or merchandise is reported to Customs within 24 hours. The ports involved must be the same. A ferryboat is a vessel which carries both persons and their vehicles. A vessel which arrives at more than one U.S. port with foreign cargo (does not include baggage) for more than one U.S. port is required to obtain from Customs a permit to proceed between U.S. ports. Section 313 of title 46 requires a foreign-flag vessel to obtain the permit, regardless of whether it is carrying cargo. A vessel which is required to make entry from a foreign country is required by section 91, of title 46 to obtain clearance before departing for a foreign country. In all likelihood, the vessel which you contemplate operating would be required to neither make entry nor obtain clearance. However, in the event the case is otherwise, we enclose copies of section 4.60 and 4.61, Customs Regulations, which prescribe the clearance requirements. HOLDING: To the extent that the Customs Service is concerned, a vessel may be operated as proposed provided it is in compliance with all applicable requirements, as set forth above. Of course, the passengers and any merchandise will be subject to such Customs inspection and control as the local Customs office deems necessary. - 3 - It is suggested that Customs authorities in Buffalo be contacted with respect to further particulars. They may be reached on (716) 846-4354. The address is 111 West Huron Street, Zip 14202. Sincerely, B. James Fritz Chief Carrier Rulings Branch Enclosure cc: Regional Commissioner Boston, Massachusetts District Director Buffalo, New York CO:R:P:C:DREUSCH:rk:10/26/88