Entry; Clearance; 19 U.S.C.  1434; 46 U.S.C. App.  91

HQ 114022 July 31, 1997 VES-5-RR:IT:EC 114022 GEV CATEGORY: Carriers Maureen Johnson Senior Port Agent Royal Caribbean Cruises Ltd. 1891 N. Galley Street, Suite 236 San Pedro, California 90731 RE: Entry; Clearance; 19 U.S.C.  1434; 46 U.S.C. App.  91 Dear Ms. Johnson: This is in response to your letter of June 23, 1997, regarding your request for a change in the itinerary of your company's vessel the VIKING SERENADE. Our ruling on this matter is set forth below. FACTS: The VIKING SERENADE, a vessel of Royal Caribbean Cruises Ltd. ("RCCL"), sails on 3 and 4 night cruises to Mexico. A change is requested in the vessel's 4-night itinerary involving calling at Catalina Island on Wednesdays (after departing San Diego) rather than on Tuesdays (after departing Los Angeles). RCCL feels that this variation will make a much more pleasant cruise experience for its guests. Prior to this requested change you state that both entry and clearance for this vessel were done in Los Angeles on the same day (Monday) for the vessel's scheduled successive stops at Los Angeles and Catalina. It is our understanding that RCCL wishes this same treatment to continue under the proposed itinerary notwithstanding the intervening stop in San Diego. The requested itinerary is as follows: Mon.: 1700 - depart Los Angeles Tues.: 0800 - arrive San Diego 1615 - depart San Diego Wed.: 0800 - arrive Catalina 1700 - depart Catalina Thu:. 0900 - arrive Ensenada 1600 - depart Ensenada Fri:. 0700 - arrive Los Angeles - 2 - ISSUE: Whether, under the above proposed itinerary, the entry and clearance of the VIKING SERENADE at Los Angeles for its arrivals to, and departures from, both Los Angeles and Catalina, with an intervening stop in San Diego, is violative of the vessel entry and clearance statutes (19 U.S.C.  1434 and 46 U.S.C. App.  91, respectively). LAW AND ANALYSIS: The pertinent portion of the vessel entry statute, title 19, United States Code,  1434(a)(2) (19 U.S.C.  1434(a)(2)), provides as follows: (a) Formal Entry Within 24 hours...after the arrival at any port or place in the United States of- (2) any foreign vessel from a domestic port; the master of the vessel shall, unless otherwise provided by law, make formal entry at the nearest customs facility or such other place as the Secretary may prescribe by regulation. (Emphasis added) The pertinent portion of the vessel clearance statute, title 46, United States Code Appendix,  91(b)(2) (46 U.S.C. App.  91(b)(2)), provides as follows: (b) When required; other vessels Except as otherwise provided by law, any vessel that is not a vessel of the United States shall obtain clearance from the Customs Service before proceeding from a port or place in the United States- (2) for another port or place in the United States; (Emphasis added) With respect to the proposed itinerary change, we note that RCCL is requesting that entry be made at Los Angeles for the vessel's scheduled stop at Catalina. Pursuant to the above-referenced vessel entry statute, a vessel may only be entered at a port or place in the United States "after the arrival". Consequently, the VIKING SERENADE may not be entered in Los Angeles for its stop in Catalina when it has not yet arrived in Catalina, is in fact still in Los Angeles, and has not yet proceeded to its next scheduled stop in San Diego. - 3 - In regard to the clearance of the vessel, RCCL is requesting that clearance be made at Los Angeles for the vessel's scheduled departure from Catalina. Pursuant to the above-cited vessel clearance statute, vessels must be cleared "before proceeding from a port or place for another port or place". Consequently, the VIKING SERENADE may not be cleared from Catalina to its next scheduled stop in Ensenada when it is not "proceeding" from Catalina to Ensenada but rather is "proceeding" from Los Angeles to San Diego. Parenthetically, we note that the itinerary of the VIKING SERENADE prior to the change under consideration would not be violative of the aforementioned statutes in view of the fact that although the vessel would be proceeding from Los Angeles to Catalina, entry and clearance may be accomplished at Los Angeles for both locations since Catalina is within the jurisdiction of the Los Angeles Customs Port Director. HOLDING: Under the above proposed itinerary, the entry and clearance of the VIKING SERENADE at Los Angeles for its arrivals to, and departures from, both Los Angeles and Catalina, with an intervening stop in San Diego, is violative of the vessel entry and clearance statutes (19 U.S.C.  1434 and 46 U.S.C. App.  91, respectively). Sincerely, Jerry Laderberg Acting Chief Entry and Carrier Rulings Branch