Coastwise Transportation; 46 U.S.C. § 55103; 19 CFR § 4.50(b)

HQ H040022 October 1, 2008 VES-3-02-OT:RR:BSTC:CCI H040022 GG CATEGORY: Carriers Mr. Joe Maranzani Biehl & Co. LP Metrostar Plaza, Suite 203 190 Middlesex Turnpike Iselin, New Jersey 08830 RE: Coastwise Transportation; 46 U.S.C. § 55103; 19 CFR § 4.50(b) Dear Mr. Maranzani: This is in response to your correspondence of September 30, 2008, supplemented by your email of October 1, 2008, in which you inquire about the coastwise transportation of an individual. Our ruling is set forth below. FACTS The voyage in question involves the transportation of the subject individual aboard the non-coastwise-qualified vessel M/T ICE FIGHTER (the “vessel”), from Stapleton Anchorage, New York, to St. Croix, U.S. Virgin Islands, for the purpose of monitoring the main engine performance. The individual embarked the vessel on September 23, 2008, and is expected to disembark in St. Croix on October 4, 2008. ISSUE Whether the use of a non-coastwise-qualified vessel in the voyage described above constitutes an engagement in coastwise trade in violation of 46 U.S.C. § 55103. LAW AND ANALYSIS Generally, the coastwise laws prohibit the transportation of passengers or merchandise between points in the United States embraced within the coastwise laws in any vessel other than a vessel built in, documented under the laws of, and owned by citizens of the United States. Such a vessel, after it has obtained a coastwise endorsement from the U.S. Coast Guard, is said to be “coastwise qualified.” The coastwise law applicable to the carriage of passengers is found in 46 U.S.C. § 55103 (recodified by Pub. L. 109-304, enacted on October 6, 2006). The coastwise laws generally apply to points in the territorial sea, which is defined as the belt, three nautical miles wide, seaward of the territorial sea baseline, and to points located in internal waters, landward of the territorial sea baseline. Pursuant to 46 U.S.C. § 55101(b), while the coastwise laws apply to the island territories and possessions of the United States, they are inapplicable to the Virgin Islands until the President declares by proclamation that the coastwise laws apply to the Virgin Islands. Since the President of the United States has not declared by proclamation that the coastwise laws extend to the U.S. Virgin Islands, the coastwise laws, including 46 U.S.C. § 55103, do not apply. See HQ H006044 (January 30, 2007); HQ H012132 (June 7, 2007). Accordingly, 46 U.S.C. § 55103 is inapplicable to the subject voyage from New York to St. Croix. There will be no violation of the passenger coastwise statute insofar as the subject individual’s transportation does not constitute an engagement in coastwise trade. HOLDING The use of a non-coastwise-qualified vessel in the subject voyage described above does not constitute an engagement in the coastwise trade in violation of 46 U.S.C. § 55103. Sincerely, Glen E. Vereb Chief Cargo Security, Carriers and Immigration Branch