HQ 113260: 46 U.S.C. App. 883, 316(a); Cuba; Coastwise transportation of merchandise; towing

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 113260

                           November 1, 1994

VES-3-CO:R:IT:C  113260 GOB

CATEGORY:  Carriers

David H. Staples
Vice President
West Indies Transport, Inc.
P.O. Box 2458
Charlotte Amalie, St. Thomas
U.S. Virgin Islands 00803

RE:  46 U.S.C. App. 883, 316(a); Cuba; Coastwise transportation  
of merchandise; towing

Dear Mr. Staples:

     This is in response to your letter dated October 27, 1994.

FACTS:

     You state that you have been asked to arrange for the
transport of aggregate from Puerto Rico to Guantanamo Naval Base
in Cuba.  Your letter indicates that such transportation may be
accomplished by the towing of a U.S.-flag barge by a foreign-flag
tug.

ISSUE:

     Whether there are any prohibitions of the coastwise laws with
respect to the proposed transportation of merchandise from Puerto
Rico to Guantanamo Naval Base in Cuba.

LAW AND ANALYSIS:

     Generally, the coastwise laws prohibit the transportation of
passengers or merchandise between points in the United States
embraced within the coastwise laws in any vessel other than a
vessel built in, documented under the laws of, and owned by
citizens of the United States.

     46 U.S.C. App. 883, the coastwise merchandise statute often
called the "Jones Act", provides in part that no merchandise shall
be transported between points in the United States embraced within
the coastwise laws, either directly or via a foreign port, or for
any part of the transportation, in any vessel other than a vessel
built in, documented under the laws of, and owned by citizens of
the United States.

                         - 2 -

     The coastwise laws generally apply to points in the
territorial sea, which is defined as the belt, three nautical miles
wide, seaward of the territorial sea baseline, and to 
points located in internal waters, landward of the territorial sea
baseline.

     46 U.S.C. App. 316(a) prohibits the use of a non-coastwise-
qualified vessel to tow any vessel, other than a vessel in
distress, between ports or places in the United States embraced
within the coastwise laws, either directly or by way of a foreign
port, or to do any part of such towing, or to tow any such vessel
between points in a harbor of the United States.

     Pursuant to 46 U.S.C. App. 877, the coastwise laws apply to
Puerto Rico.

     However, the coastwise laws do not apply to Cuba.  Therefore,
Guantanamo Naval Base in Cuba is not a coastwise point.     
     
     Accordingly, the transportation of merchandise by a non-
coastwise-qualified vessel between Puerto Rico and Guantanamo Naval
Base is not prohibited by 46 U.S.C. App. 883.  Further, because 46
U.S.C. App. 316(a), the coastwise towing statute, is not
applicable, a foreign-flag vessel may tow another vessel from
Puerto Rico to Guantanamo Naval Base.

HOLDING:

     The transportation of merchandise by a non-coastwise-
qualified vessel between Puerto Rico and Guantanamo Naval Base in
Cuba is not prohibited by 46 U.S.C. App. 883.  Because 46 U.S.C.
App. 316(a), the coastwise towing statute, is not applicable, a
foreign-flag vessel may tow another vessel from Puerto Rico to
Guantanamo Naval Base.



                              Sincerely,



                              Arthur P. Schifflin
                              Chief