HQ 112400: Coastwise Trade; Passengers; 46 U.S.C. App. 289; M/V COLUMBUS CARAVELLE

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 112400

                         August 14, 1992

VES-3-06-CO:R:IT:C 112400 MLR

CATEGORY:  Carriers

Captain Mato Bozovic
Odessa America Cruise Co.
170 Old Country Road, Suite 608
Mineola, New York  11501

RE:  Coastwise Trade; Passengers; 46 U.S.C. App. 289; 
     M/V COLUMBUS CARAVELLE

Dear Capt. Bozovic:

     Reference is made to your facsimile dated August 6, 1992,
requesting a ruling whether a proposed cruise itinerary complies
with 46 U.S.C. App. 289.  

FACTS:

     The proposed cruise itinerary for the M/V COLUMBUS CARAVELLE,
which we assume is a non-coastwise-qualified vessel, is as follows:

            Cruise Dates:  September 22 - October 4, 1992

PORT                     ARRIVAL        DEPARTURE      REMARKS

Boston/Massachusetts     Tues. 9/22                    Embark
                         8:00 PM                       Passengers

Providence/Rhode Island  Wed. 9/23      Wed. 9/23
                         8:00 AM        7:00 PM

New York/USA             Thu. 9/24      Fri. 9/25 
                         8:00 AM        12:00 Noon

Philadelphia/            Sat. 9/26      Sat. 9/26
Pennsylvania             08:00 AM       12:00 Midnight

Night Passage through Chesapeake - Delaware Channel

Baltimore/Maryland       Sun. 9/27      Sun. 9/27
                         8:00 AM        6:00 PM

Charleston/              Tue. 9/29      Tue. 9/29
South Carolina           8:00 AM        6:00 PM

Jacksonville/Florida     Wed. 9/30      Wed. 9/30
                         8:00 AM        8:00 PM

Port Canaveral/Florida   Thu. 10/1      Thu. 10/1
                         8:00 AM        7:00 PM

Miami/Florida            Fri. 10/2      Fri. 10/2
                         8:00 AM        11:30 PM

Freeport/Bahamas         Sat. 10/3      Sat. 10/3
                         8:00 AM        6:00 PM

Nassau/Bahamas           Sun. 10/4                     Disembark
                         8:00 AM                       Passengers

ISSUE:

     Whether the transportation of passengers aboard a non-
coastwise-qualified vessel on the itinerary described above
constitutes a violation of 46 U.S.C. App. 289.

LAW AND ANALYSIS:

     Title 46, United States Code Appendix, section 883 (the
merchandise coastwise law often called the "Jones Act") prohibits
the transportation of merchandise between United States coastwise
points, 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
persons who are citizens of the United States.

     In interpreting section 883, Customs has ruled that a point
in United States territorial waters is a point in the United
States embraced within the coastwise laws.  The territorial
waters of the United States consist of the territorial sea,
defined as the belt, 3 nautical miles wide, seaward of the
territorial sea baseline, and to points located in internal
waters, landward of the territorial sea baseline, in cases where
the baseline and the coastline differ.

     Title 46, United States Code Appendix, section 289 (46
U.S.C. App. 289, the passenger coastwise law), prohibits the
transportation of passengers between points embraced within the
coastwise laws of the United States, either directly or by way of
a foreign port, in a non-coastwise-qualified vessel (i.e., any
vessel not built in and documented under the laws of the United
States and owned by persons who are citizens of the United
States).  For purposes of section 289, "passenger" is defined as
"...any person carried on a vessel who is not connected with the
operation of such vessel, her navigation, ownership, or
business."  19 CFR 4.50(b).

     The applicable Customs Regulations promulgated pursuant to
46 U.S.C. App. 289 are set forth in title 19, Code of Federal
Regulations, section 4.80a (19 CFR 4.80a).  Section 4.80a(b)(2),
Customs Regulations {19 CFR 4.80a(b)(2)}, provides that a
coastwise violation occurs if a passenger is on a voyage to one
or more coastwise points and a nearby foreign port or ports (but
at no other foreign port) and the passenger disembarks at a
coastwise port other than the port of embarkation.  Section
4.80a(b)(3), Customs Regulations {19 CFR 4.80a(b)(3)}, provides
that no coastwise violation occurs if a passenger is on a voyage
to one or more coastwise ports and a distant foreign port or
ports (whether or not the voyage includes a nearby foreign port
or ports) and the passenger disembarks at a coastwise port
provided the passenger has proceeded with the vessel to a distant
foreign port.  (See also 19 CFR 4.80a(a)(1) and (4) for the
definitions of the terms "coastwise port", "embark", and
"disembark," as those terms are used in the regulation).

     In regard to the proposed cruise itinerary, the
transportation of passengers from Boston, Massachusetts, to
Nassau, Bahamas, would not constitute a violation of the
passenger coastwise law because the passengers are not making a
voyage from one coastwise point to another coastwise point (i.e.,
the passengers will rather embark at a coastwise point and
disembark in a foreign port).

HOLDING:

     The transportation of passengers aboard a non-coastwise-
qualified vessel on the itinerary described above does not
constitute a violation of 46 U.S.C. App. 289.

                                   Sincerely,




                                   B. James Fritz
                                   Chief
                                   Carrier Rulings Branch