us-cbp-cross-rulings-hq-109993•HQ 109993: Dutiability of certain foreign shipyard operations performed on U.S.-flag LASH barges
HQ 109993: Dutiability of certain foreign shipyard operations performed on U.S.-flag LASH barges
us-cbp-cross-rulings-hq-109993HQ 109993: Dutiability of certain foreign shipyard operations performed on U.S.-flag LASH bargesGuidance
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 109993
July 3, 1989
VES-13-18-CO:R:P:C 109993 GV
CATEGORY: Carriers
Deputy Assistant Regional Commissioner
Classification and Value Division
ATTN: Regional Vessel Repair Liquidation Unit
New York, New York 10048-0945
RE: Dutiability of certain foreign shipyard operations performed
on U.S.-flag LASH barges
Dear Sir:
Reference is made to the November 30, 1987, application for
relief from vessel repair duties filed by Waterman Steamship
Corporation in relation to entry number 514-3003125-5, dated
October 21, 1987. The entry was filed upon the arrival of the
vessel S.S. SAM HOUSTON, V-47, at the port of New York on October
17, 1987, whereupon duties were assessed upon the value of
foreign shipyard operations pursuant to 466, Tariff Act of 1930,
as amended (19 U.S.C. 1466).
FACTS:
The vessel S.S. SAM HOUSTON is a Lighter Aboard Ship (LASH)
barge mother vessel. A single vessel repair entry was filed to
cover repairs to numerous LASH barges, each of which should have
been the subject of a separate entry with a unique entry number.
The application for relief is submitted to cover fourteen (14) of
the barges, with no claim for relief having been submitted for
the remainder of the vessels. Those barges for which relief is
sought are the following:
WA-1-0049 WA-1-0229
WA-1-0068 WA-2-0367
WA-1-0095 WA-1-0405
WA-1-0158 WA-1-0438
WA-1-0259 WA-1-0439
WA-1-0279 WA-2-0457
WA-1-0295 LB-810
2
ISSUE :
Whether evidence is presented sufficient to prove that the
repairs performed on the barges for which relief is sought, were
necessitated by a casualty occurrence, thus warranting remission.
LAW AND ANALYSIS:
Section 1466 provides, in pertinent part, for payment of
duty in the amount of 50 percent ad valorem on the cost of
foreign repairs to vessels documented under the laws of the
United Stated to engage in foreign or coastwise trade, or vessels
intended to engage in such trade.
Paragraph (1), subsection (d) of 1466 provides that duty
may be remitted if good and sufficient evidence is furnished
establishing that the vessel was compelled by stress of weather
or other casualty to put into a foreign port to make repairs to
secure the safety and seaworthiness of the vessel to enable her
to reach her port of destination. Thus, it is necessary that in
order to qualify for duty remission, the party seeking relief
must show both the occurrence of a casualty, and that the repair
was necessary for safety and seaworthiness.
The term "casualty" as it is used in the statute, has been
interpreted as something which, like stress of weather, comes
with unexpected force or violence, such as fire, explosion or
collision (Dollar Steamship Lines, Inc. v. United States, 5 Cust.
Ct. 28-29, C.D. 362 (1940)). In this sense, a "casualty" arises
from an identifiable event of some sort. In the absence of
evidence of such a casualty causing event, we must consider the
repair to have been necessitated by normal wear and tear (ruling
letter 105159, September 8, 1983).
Owing to the factors peculiar to the operation of LASH
barges, special standards of evidence are provided in the Customs
Regulations when casualty claims are made concerning such vessels
under 1466(d)(1). Section 4.14(d)(1)(iii)(G), Customs
Regulations (19 CFR 4.14(d)(1)(iii)(G)), provides that there must
be submitted evidence showing that a barge was inspected
immediately prior to being loaded upon its vessel of departure
from the U.S., that it was found to be seaworthy at that time,
that damage was discovered during the course of the foreign
voyage, and that the repairs performed were necessary for the
safety and seaworthiness of the barge to enable it to reach its
U.S. port of destination. Documents purporting to demonstrate
these elements must have been prepared at the time that barges
were placed aboard for foreign departure, and must have been
prepared and signed by responsible persons in a position to
attest to the veracity of the statements being made. Documents
executed after the fact and/or by persons with no first-hand
3
knowledge of the actual condition of barges immediately prior to
foreign departure are of no probative value, and are insufficient
for the purpose for which they are submitted.
In the present case, documents are contained in the file
covering the 14 barges regarding which relief is being sought.
The documents each contain the statement that various of the
barges were found to be in sound condition upon being loaded on
the outward-bound vessel, and are signed by the Master and the
Chief Officer. These statements are, however, undated. There is
no way for Customs to determine whether these statements were
executed contemporaneously with the lading of the vessels, thus
providing credible evidence, or whether they were prepared at
some later date.
Further in regard to this case, we note that the foreign
work listed on the vessel repair entry (CF 226) for many of the
barges in issue is not supported by adequate documentation (i.e.,
invoices). The fact that special standards of evidence for LASH
barges are provided in section 4.14(d)(1)(iii)(G) in the event of
a casualty claim does not obviate the requirement set forth in
section 4.14(d)(1)(iii)(A), Customs Regulations to submit all
itemized bills, receipts and invoices covering those items for
which relief is sought.
Accordingly, in regard to those invoices that were
submitted, all charges listed thereon are dutiable with the
exception of the following:
Barge No. WA-1-0299 P.T. Intan Sengkunzit Invoice No.
02/INREP/VIII/1987 (charges for towing are free as are the
charges for mooring and having the barge on a slipway)
Barge No. WA-1-0158 P.T. Rantai Laut Invoice No.
17/BG/RL/VIII/1987 (charges for towing /drydock are free)
Barge No. WA-1-0405 Then Engineering Invoice No.
TES/D/2100/87/07 SD (charges for towing/drydock are free)
Barge No. WA-1-0438 Then Engineering Invoice No.
TES/D/2107/87/07 SD (charges for towing/drydock are free)
Barge No. LB-810 Then Engineering Invoice No.
TES/D/2117/87/07 SD (charges for towing/drydock are free)
Barge No. WA-1-0049 Then Engineering Invoice No.
TES/D/2116/87/07 SD (charges for towing/drydock and/or
cleaning-cargo are free)
4
Barge No. WA-1-0295 Then Engineering Invoice No.
TES/D/2114/87/07 SD (Charges for towing/drydock and/or
cleaning-cargo are free)
Barge No. WA-1-0068 Then Engineering Invoice No.
TES/D/2111/87/07/ SD (charges for towing/drydock are free
HOLDING:
In light of the foregoing, we recommend that relief be
denied for this application, with the exception of those
expenditures noted above.
Sincerely,
B. James Fritz
Chief
Carrier Rulings Branch
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.