us-cbp-cross-rulings-hq-109766•HQ 109766: Exemption from Customs user fees
HQ 109766: Exemption from Customs user fees
us-cbp-cross-rulings-hq-109766HQ 109766: Exemption from Customs user feesGuidance
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.
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HQ 109766
October 19, 1988
VES-5-8-CO:R:P:C 109766 KMF
CATEGORY: Carriers
Mr. David A. Romasco
Sea-Based Aerostat Program
G.E. Government Services
Range Projects Manufacturing
360 East Drive
Melbourne, FL 32904
RE: Exemption from Customs user fees
Dear Mr. Romasco:
This is in response to your letter dated September 21,
1988, in which you request that we exempt your vessels from the
Customs user fees. You state that the vessels are under contract
with the United States Coast Guard (Contract No. DTCG23-85-C-
20045) to furnish a specialized vessel and some crew and
technicians for the purposes of assisting in the interdiction of
drug smuggling. You state further that under the terms and
conditions of the contract, the vessel's operation and movements
are entirely at the discretion of the Coast Guard. We have
contacted the Coast Guard and verified the above information.
The Customs user fees were set forth as a part of the
Consolidated Omnibus Budget Reconciliation Act (COBRA). A fee of
$397 is assessed on the arrival of a commercial vessel of 100 net
tons or more. 19 U.S.C.{58c(a)(1).
The law does not provide an exemption for commercial
vessels simply because they are operated by a government entity.
See Customs Ruling Letters VES-5-8-CO:R:CD:C 108470 JM (Jul. 15,
1986) and VES-5-08-CO:R:CD:C 108653 JM (Nov. 7, 1986). Customs
has determined, however, that a vessel owned by or under the
complete control of the United States, not carrying passengers or
merchandise in trade, is not a commercial vessel as that term is
used in the COBRA.
Under the contract you describe, the vessel is exempt from
the user fees established in 19 U.S.C. {58a. It is not a
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commercial vessel for purposes of that statute. Though G.E. crew
and technicians remain on board the vessel, the vessel operation
and movements are at the discretion of the Coast Guard.
Consequently, the vessel is under the control of the United
States. Furthermore, under the contract you describe, in which
the vessel is used in assisting in the interdiction of drug
smuggling, the vessel is not carrying passengers or merchandise
in trade. Thus, in accord with Customs determinations, in the
limited fact pattern described above, the vessel is not a
commercial vessel as that term is used in the COBRA, and is not
required to pay user fees.
Sincerely,
B. James Fritz
Chief
Carrier Rulings Branch
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