HQ 113277: Coastwise Trade; Sailing School; 46 U.S.C. App. 289

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 113277

                        November 23, 1994

VES-3-CO:R:IT:C 113277 GEV

CATEGORY:  Carriers

Thomas Averna
Owner
Deer Harbor Charters 
Post Office Box 303
Deer Harbor, Washington 98243

RE:  Coastwise Trade; Sailing School; 46 U.S.C. App.  289

Dear Mr. Averna:

     This is in response to your letter dated November 14, 1994,
requesting a ruling regarding your proposed use of a foreign-built vessel.  Our ruling on this matter is set forth below.

FACTS:

     Deer Harbor Charters is interested in purchasing a New
Zealand-built, 47' sailboat.  The vessel will be operated out of
Orcas Island in the San Juan Islands of Washington State.  It
will be used for cruises lasting approximately five to seven
hours each with the majority of that time devoted to sail
training.  In addition to the sail training, the cruises will
also be used to educate those on board regarding the ecology and
natural history of the area while focusing on the orca whales
that reside there.  The vessel will be operated by a licensed
captain who is a trained naturalist as well as a sailing
instructor.

ISSUE:

     Whether the use of a foreign-built vessel for sail training
constitutes a use in the coastwise trade in violation of 46
U.S.C. App.  289.

LAW AND ANALYSIS:

     Title 46, United States Code Appendix,  289 (the passenger
coastwise law), as interpreted by the Customs Service, prohibits
the transportation of passengers between points embraced within
the coastwise laws, either directly or by way of a foreign port,
in any vessel other than a vessel built in, documented under the 

                              - 2 -

laws of, and owned by citizens of the United States.  Pursuant to
 4.50(b), Customs Regulations (19 CFR  4.50(b)), the word 
"passenger," for purposes of this provision, is defined as
"...any person carried on a vessel who is not connected with the
operation of such vessel, her navigation, ownership, or
business."

     In our interpretation of  289, we have long-held that a
person transported on a vessel as a student in courses such as
oceanography or sailing and seamanship, when the presence of that
person is required on board the vessel as a part of his or her 
course or training, is not a passenger, for purposes of the
coastwise laws.  This is so regardless of whether a fee is
charged for the aforementioned instruction.  Accordingly, the use
of the foreign-built vessel as described above is not a use in
the coastwise trade in violation of 46 U.S.C. App.  289.

HOLDING:

     The use of a foreign-built vessel for sail training is not
considered a use in the coastwise trade in violation of 46 U.S.C.
App.  289.

                              Sincerely,




                              Arthur P. Schifflin
                              Chief
                              Carrier Rulings Branch