Electronic Information for Outward Cargo Required in Advance of Departure; 19 CFR § 192.

U.S. Department of Homeland Security Washington, DC 20229 U.S. Customs and Border Protection HQ H318727 July 21, 2021 VES-3-02-OT:RR:BSTC:CCR H318727 AMW CATEGORY: Carriers Mr. Alexander W. Koff, Esq. Venable LLP 750 E. Pratt Street, Suite 900 Baltimore, MD 21202 RE: Electronic Information for Outward Cargo Required in Advance of Departure; 19 CFR § 192. Dear Mr. Koff: This letter is in response to your April 29, 2021 correspondence on behalf of your client, [ ] (“the Company”), in which you request a determination regarding whether carriers transporting used vehicles from the continental United States to Puerto Rico must produce a certificate of title for each vehicle prior to shipment as required in 19 CFR Part 192. Our decision follows. FACTS The Company operates coastwise-qualified vessels that transport used self-propelled motor vehicles between the continental United States and Puerto Rico. This request relates to several upcoming voyages to be undertaken by the following coastwise-qualified vessels: [ ]. Most of the used vehicles to be shipped on board the Company’s vessel will be purchased at auction in the continental United States. Often, the purchaser is not provided with a vehicle title at the time of purchase. Instead, the title is issued by the state in which the auction occurs. According to your request, it may take a month or longer for the title to be issued after each sale. As such, the Company anticipates it will not have the title for every used vehicle by the time the subject transportations occur. According to your request, with respect to previous shipments of used vehicles to Puerto Rico, the Company has been directed by CBP officials to present certificates of title for each vehicle at least 72 hours before the shipment is to occur. You state that the CBP officials relied on 19 CFR Part 192, which requires exporters of used, self-propelled vehicles to provide Certificate of Title or a Salvage Title that remains in force for each vehicle to be exported. ISSUE Whether the requirements of 19 CFR Part 192 for exporters of used, self-propelled vehicles to provide a certificate of title prior to exportation applies to the subject shipment of used vehicles from the continental United States to Puerto Rico. LAW AND ANALYSIS The CBP regulations governing the exportation of used self-propelled are found at 19 CFR Part 192. Treasury Decision 99-34, dated May 6, 1999, amended the Customs regulations to implement title IV of the Anti-Car Theft Act of 1992, which controls the exportation of used self-propelled vehicles. The amendments addressed the nature of the documentation that established ownership of a vehicle bound for exportation and the presentation of that documentation to Customs. Promulgated pursuant to 13 U.S.C. § 303 and 19 U.S.C. §§ 66, 1624, 1627a, and 1646c, 19 CFR § 192.2 regulates the requirements for exportation of used, self-propelled vehicles and provides as follows: (a) Basic requirements. A person attempting to export a used self-propelled vehicle shall present to Customs, at the port of exportation, both the vehicle and the required documentation describing the vehicle, which includes the Vehicle Identification Number or, if the vehicle does not have a Vehicle Identification Number, the product identification number…. (b) Documentation required (1) For U.S.-titled vehicles – (i) Vehicles issued an original certificate of title. For used, self-propelled vehicles issued, by any jurisdiction in the United States, a Certificate of Title or a Salvage Title that remains in force, the owner must provide to Customs, at the time and place specified in this section, the original Certificate of Title or a certified copy of the Certificate of Title and two complete copies of the original Certificate of Title or certified copy of the original…. In consideration of this question, we determine that a shipment of used, self-propelled vehicles from the continental United States to Puerto Rico does not constitute an “export” as contemplated in 19 CFR § 192. In relevant part, 19 CFR § 192.2 requires that, unless a vehicle is untitled, shippers “attempting to export” a used vehicle must present an official certificate of title at least 72 hours prior to export. 19 CFR § 192.1, meanwhile, defines the term “export” as “the transportation of merchandise out of the U.S. for the purpose of being entered into the commerce of a foreign country.” It is clear, however, that Puerto Rico is not a foreign country, as it is an unincorporated territory of the United States. Indeed, 19 CFR § 101 defines the “Customs territory of the United States” to “include only the States, the District of Columbia, and Puerto Rico.” As a result, 19 CFR § 192 does not apply to the shipment of used vehicles from the continental United States to Puerto Rico. HOLDING The requirements of 19 CFR Part 192 for exporters of used, self-propelled vehicles to provide a certificate of title prior to exportation does not apply to the shipment of used vehicles from the continental United States to Puerto Rico because such a shipment does not constitute an “export” as the term is used in the applicable statute and regulation. Sincerely, Lisa L. Burley Chief/Supervisory Attorney-Advisor Cargo Security, Carriers and Restricted Merchandise Branch Office of Trade, Regulations and Rulings U.S. Customs and Border Protection