HQ 111694: Cruising License; Yacht; Foreign Registry; Canada; ROI SOLEIL; 19 C.F.R. 4.94.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 111694

                        October 21, 1991

VES-4-02   CO:R:IT:C  111694  JBW

CATEGORY:   Carriers

Mr. Jacques Langlois
Flynn, Rivard
Case postale 190
station B
70, Dalhousie
bureau 500
Qubec, QC
GlK 7A6

RE:  Cruising License; Yacht; Foreign Registry; Canada; ROI
     SOLEIL; 19 C.F.R. 4.94.

Dear Mr. Langlois:

     This letter is in response to your letter of May 14, 1991,
in which you request a ruling on the eligibility of your client
to obtain successive cruising licenses for a yacht registered in
Canada.

FACTS:

     The ROI SOLEIL is a pleasure sailing yacht registered in the
Port of Qubec.  The owner of the yacht wishes to keep the yacht
in United States waters on a permanent basis.  The District
Director of Customs in Portland, Maine, advised you that this was
possible, provided that United States customs duty is paid.

ISSUE:

     Whether a foreign-registered vessel may be issued successive
cruising licenses.

LAW AND ANALYSIS:

     Title 46, United States Code Appendix, section 104 (46
U.S.C. App. 104), authorizes the issuance of cruising licenses
to exempt pleasure vessels of foreign registry from these formal
entry and clearance procedures.  This section, however, limits
that exemption to pleasure vessels of countries that extend
reciprocal privileges to United States pleasure vessels.
Countries that have satisfied this reciprocity requirement are
listed in section 4.94(b) of the Customs Regulations (19 C.F.R.
4.94(b)).  Vessels of Canadian registry may be issued a cruising
license.  Your client should be aware, however, that a cruising
license does not exempt the master or owner of a foreign vessel
from the requirement that a report arrival be made immediately
upon arrival at a port in the United States.  19 U.S.C.A. 1433
(West Supp. 1991).

     The regulations restrict the issuance of a cruising license
to a period of one year. 19 C.F.R. 4.94(c).  Successive cruising
licenses may be issued to a foreign-documented pleasure vessel
that was built in the United States or on which United States
customs duty has been paid, provided that the vessel is
documented under the laws of one of the countries listed in 19
C.F.R. 4.94(b). Customs Directive 3100-06, dated November 7,
1988.  Consequently, provided customs duty is paid, your client
may obtain successive cruising licenses for his Canadian-
registered yacht.

HOLDING:

     A Canadian-documented pleasure yacht may be issued
successive cruising licenses provided that it was built in the
United States or United States customs duty has been paid.


                              Sincerely,



                              B. James Fritz
                              Chief
                              Carrier Rulings Branch