HQ 110749: Domestic Discharge of Cargo from the Vessel MV ASIAN SENATOR

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 110749
                           March 3, 1990

VES-5-02-CO:R:P:C 110749 LLB

CATEGORY:  Carriers

Mr. Richard L. Naughton
Southern Steam, Inc.
6621 Pacific Coast Highway, #150
Long Beach, California  90803

RE:  Domestic Discharge of Cargo from the Vessel
     MV ASIAN SENATOR

Dear Sir:

     Reference is made to your letter of January 2, 1990, which
requests permission for the MV ASIAN SENATOR to temporarily
discharge in the port of Long Beach its European laden cargo,
originally intended for discharge in Cristobal, Panama.

FACTS:

     Your letter states that the ASIAN SENATOR was anchored in
the Panama Canal at Cristobal on December 20, 1989, the date that
open military hostilities erupted between forces of the U.S.
military and those of the Panama Defense Forces (PDF).  You state
that the vessel was boarded by members of the PDF and that U.S.
military units drove them from the vessel by force, damaging the
vessel in the process.

     Following the retreat of the PDF from the vessel, U.S.
military authorities ordered the vessel from the canal, denying
permission to discharge 36 containers in Panama.  The containers
had been laden in Europe, with Cristobal, Panama being their
intended destination.

     Permission is now requested to discharge the containers in
Long Beach, California, until such time as the next available
eastbound vessel of the same line, the NEW YORK SENATOR, can
retrieve them and take them to Panama.

ISSUE:

     Whether Customs procedures will permit the temporary
discharge at a U.S. port of cargo manifested for a foreign port.

LAW AND ANALYSIS:

     We have determined that there are no coastwise
transportation issues involved in the matter under consideration.
The coastwise transportation merchandise statute, title 46,
United States Code Appendix, section 883 (46 U.S.C. App., 883),
prohibits the transportation of merchandise between two U.S.
points on other than coastwise-qualified vessels.  Since the
containers in question were laden on the vessel in Europe, the
statute has no application in this case.

     As a vessel required to enter under section 441, Tariff Act
of 1930, as amended (19 U.S.C. 1441), and section 4.3, Customs
Regulations (19 CFR 4.3), it is required that the merchandise
aboard the vessel be manifested in accord with section 431,
Tariff Act of 1930, as amended (19 U.S.C. 1431), and section 4.7,
Customs Regulations (19 CFR 4.7).  The manifest is required to be
available for presentation to the Customs boarding officer.
Since the containers were originally intended and manifested for
Panama discharge, it will be necessary for an amended manifest to
be prepared in time for presentation upon arrival.

     The procedures set forth in the Customs Regulations in
sections 4.31 (Unlading or transshipment due to casualty), 4.32
(vessels in distress; landing of cargo) 4.33 (Diversion of
cargo), or 4.34 (Prematurely discharged, overcarried, and
undelivered cargo), may not be made applicable in the present
circumstances.  Instead, the procedures applicable to the direct
exportation of unentered merchandise provided in section 18.25,
Customs Regulations, should be utilized.  These procedures
require the posting of a bond, and the filing of an Export
Declaration as provided for under section 30.3(a)(2) of the
Foreign Trade Statistics Regulations (15 CFR 30.3(a)(2)).  Your
local Customs district office can assist in complying with these
procedures.

HOLDING:

     The vessel MV ASIAN SENATOR may discharge its foreign laden
and foreign bound cargo in the port of Long Beach, California,
upon condition that a proper manifest be presented upon demand.
The procedures applicable to direct exportation (19 CFR 18.25)
should be utilized at the time the cargo is reladen for
exportation to Panama.

                                Sincerely,



                                B. James Fritz
                                Chief
                                Carrier Rulings Branch