Coastwise Transportation; 46 U.S.C. § 55103.

U.S. Department of Homeland Security Washington, DC 20229 U.S. Customs and Border Protection HQ H255077 July 8, 2014 VES-3-02-OT:RR:BSTC:CCR HQ H255077 WRB CATEGORY: Carriers Mr. Andy Sandoval Wilhelmsen Ships Services 567 W. Channel Islands Blvd., #347 Port Hueneme, CA 93041 RE: Coastwise Transportation; 46 U.S.C. § 55103. Dear Mr. Sandoval: This letter is in response to your correspondence of July 8, 2014, with respect to the coastwise transportation of one individual. Our ruling is set forth below. FACTS: You ask whether one individual may be transported on the non-coastwise-qualified M/V MORNING CHERRY (the “vessel”). The subject individual will embark the vessel at Port Hueneme, California, on or about July 8, 2014, and disembark at Pyungteak, South Korea, on or about July 28, 2014. ISSUE: Whether transportation of the subject individual between Port Hueneme, California, and Pyungteak, South Korea, would be 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 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. 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) and provides that: (a) In General. Except as otherwise provided in this chapter or chapter 121 of this title, a vessel may not transport passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port, unless the vessel- (1) is wholly owned by citizens of the United States for purposes of engaging in the coastwise trade; and (2) has been issued a certificate of documentation with a coastwise endorsement under chapter 121 or is exempt from documentation but would otherwise be eligible for such a certificate and endorsement. (b) Penalty. The penalty for violating subsection (a) is $300 for each passenger transported and landed. Regarding the individual intending to embark at Port Hueneme, California, and disembark at Pyungteak, South Korea, we find that no coastwise transportation would occur. In accordance with 46 U.S.C. § 55103(a), transportation of individuals, regardless of status, on a non-coastwise-qualified vessel, is not violative of that statute when the transportation is not between two different points embraced within the coastwise laws of the United States. Pyungteak, South Korea, being a foreign port, is not a point embraced within the coastwise laws. The subject individual will be transported from Port Hueneme to Pyungteak, South Korea without disembarking at another coastwise point. As such, no coastwise transportation would occur. Therefore, the proposed transportation of the individual at issue is not in violation of 46 U.S.C. § 55103. HOLDING: The proposed transportation of the individual embarking at Port Hueneme, California, on July 8, 2014, and disembarking in Pyungteak, South Korea, on or about July 28, 2014, is not a coastwise movement. Therefore the proposed transportation is not in violation of 46 U.S.C. § 55103. Sincerely, Lisa L. Burley Supervisory Attorney-Advisor/Chief Cargo Security, Carriers and Restricted Merchandise Branch Office of International Trade, Regulations & Rulings U.S. Customs and Border Protection