HQ 110392: Applicability of coastwise merchandise law, 46 U.S.C. App. 883, to proposed carriage of cable by a foreign-built vessel

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 110392

                       September 27, 1989

VES-3-06-CO:R:P:C 110392 BEW

CATEGORY:  Carriers

Mr. Kevin Flynn
Westrex Transportation Inc.
Post Office Box 792
Dover, New Jersey 07802

RE:  Applicability of coastwise merchandise law, 46 U.S.C. App.
     883, to proposed carriage of cable by a foreign-built vessel

Dear Mr. Flynn:

FACTS:

     This is in response to your letter of July 26, 1989,
concerning the transportation of cable from Portsmouth, New
Hampshire, on the C.S. LONG LINES (a U.S. flag non-coastwise-
qualified-vessel) to Guam for transfer to a Japanese-flag vessel
for transportation to Yokohama, Japan.  You state that you are
planning to discharge the cable at dockside in Guam to the
Japanese vessel, that is under exclusive charter to Transoceanic
Cable Ship Company, the owner of C. S. Long Lines.

ISSUE:

     Whether the carriage of cable by a U. S.-flag foreign-built
cable-laying and repair vessel from its point of lading in the
United States to Guam where it will be unladed directly onto
Japanese-flag for transportation to Japan constitutes a violation
of 46 U.S.C. App. 883.

LAW AND ANALYSIS:

     Title 46, United States Code, Appendix 883 (46 U.S.C. App.
883), provides, in pertinent 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 and documented under the laws of the United States and
owned by citizens of the United States (i.e., a coastwise-
qualified vessel).

                              - 2 -

     Pursuant to 46 U.S.C. App. 877, the coastwise laws are
applicable to Guam.  Under 46 U.S.C. 12105(b), a vessel for
which a U. S. registry is issued may be employed in foreign trade
or trade with Guam.  Customs, accordingly, has long held that
foreign-built vessels admitted to registry may engage in trade
between United States coastwise points and Guam.  Passengers and
merchandise may, therefore, be transported between United Stated
coastwise points and Guam on a foreign-built United States-flag
vessel.

     Accordingly, the proposal as stated above would not violate
the coastwise laws provided the C.S. LONG LINES has been issued a
registry by the United States Coast Guard.

HOLDING:

     The carriage of cable by the C.S. LONG LINES (a non-
coastwise-qualified vessel) from New Hampshire (the point of
lading) to Guam (the point of unlading) is not prohibited under
46 U.S.C. App. 883 provided the vessel has been issued a registry
Zunder 46 U.S.C. 12105(b).

                                  Sincerely,




                                  B. James Fritz
                                  Chief
                                  Carrier Rulings Branch