HQ 113385: 19 U.S.C. 1466; Vessel Repair Entry No. 514-3004916-6; M/V SHELDON LYKES, V-83; 19 U.S.C. 1466(d)(2); 19 U.S.C. 1466(h)(2); T.D. 75-257; Protest

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 113385

                                 April 12, 1995

VES-13-18-CO:R:IT:C   113385 GOB

CATEGORY: Carriers

Chief, Residual Liquidation and Protest Branch
New York Region
Six World Trade Center
New York, New York 10048-0945

RE:  19 U.S.C. 1466;  Vessel Repair Entry No. 514-3004916-6; M/V SHELDON   LYKES, V-83; 19 U.S.C. 1466(d)(2); 19 U.S.C. 1466(h)(2);  T.D. 75-257; Protest

Dear Sir:

     This is in response to your memorandum dated March 24, 1995, which
forwarded the protest submitted by Lykes Bros. Steamship Co., Inc. ("the protestant")
with respect to the above-referenced vessel repair entry.

FACTS:

     The record reflects that the M/V SHELDON LYKES ("the vessel") arrived at the
port of Newark, New Jersey on May 24, 1993.  The subject vessel repair entry was filed
on the same date.  

     By letter dated October 1, 1993, your office responded to the application for
relief with respect to this entry.  The entry was liquidated on November 19, 1993.

     The protestant asserts that certain owner-furnished spare parts on which duty
was previously paid are not dutiable.   

ISSUE:

     Whether the subject items are dutiable pursuant to 19 U.S.C. 1466.  

LAW AND ANALYSIS:

     19 U.S.C. 1466 provides for the payment of duty at a rate of fifty percent ad
valorem on the cost of foreign repairs to vessels documented under the laws of the 

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United States to engage in foreign or coastwise trade, or vessels intended to be
employed in such trade.

     19 U.S.C. 1466(d)(2) provides for the remission or refund of duties:

     If the owner or master of such vessel furnishes good and sufficient evidence 
     that- 
     ...
     (2) such equipments or parts thereof or repair parts or materials, were         manufactured or produced in the United States, and the labor necessary to  install such equipments or to make such repairs was performed by residents of   the United States, or by members of the regular crew of such vessel.  
     (emphasis supplied.)

     T.D. 75-257 states in part:

     ...the cost of materials of United States origin which are purchased by the vessel
     owner in the United States is not subject to duty under 19 U.S.C. 1466, when    installed on the vessel in a foreign country.

     In order to receive remission under 19 U.S.C. 1466(d)(2), U.S. manufacture or
production must be established, in addition to the establishment that the labor was
performed by U.S. residents or members of the regular crew of the vessel.  In order to
receive duty-free treatment pursuant to T.D. 75-257,  U.S. origin must be established. 
To establish U.S. manufacture, production, or origin, a party must submit a statement
from the vendor or manufacturer of the merchandise that such merchandise was
manufactured or produced in the United States.  The protestant has not submitted such
documentation.  

     The pertinent invoices state that the parts were "manufactured in Germany."

     19 U.S.C. 1466(h)(2) was not in effect with respect to entries filed between
January 1, 1993 and December 31, 1994, and thus is not applicable with respect to this
entry.
 
     Accordingly, we find that the subject parts are dutiable pursuant to 19 U.S.C.
1466.

HOLDING:

     As detailed supra, the protest is denied.

     

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     In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated
August 4, 1993, Subject: Revised Protest Directive, this decision should be mailed by
your office to the protestant no later than 60 days from the date of this letter.  Any
reliquidation of the entry in accordance with the decision must be accomplished prior to
mailing of the decision.  Sixty days from the date of the decision the Office of
Regulations and Rulings will take steps to make the decision available to Customs
personnel via the Customs Rulings Module in ACS and the public via the Diskette
Subscription Service, the Freedom of Information Act and other public access
channels.

                         
                         Sincerely,



                         Arthur P. Schifflin
                         Chief
                         Carrier Rulings Branch