HQ 112476: Vessel Repair; Heavy Weather; SEA-LAND MARINER, v-133/134; Entry No. 110-0104367-5; 19 U.S.C. 1466; 19 C.F.R. 4.14(d)(1)(iii).

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 112476

                          March 1, 1993

VES-13-18  CO:R:IT:C  112476  JBW

CATEGORY:  Carriers

Deputy Regional Director
Commercial Operations
Pacific Region
1 World Trade Center
Long Beach, CA 90831

RE:  Vessel Repair; Heavy Weather; SEA-LAND MARINER, v-133/134;
     Entry No. 110-0104367-5; 19 U.S.C.  1466; 19 C.F.R.
      4.14(d)(1)(iii).

Dear Sir:

     This letter is in response to your memorandum that forwards
for our review the application for relief filed in conjunction
with the above-referenced vessel repair entry.

FACTS:

     The record reflects that the subject vessel, the SEA-LAND
MARINER, arrived at the port of Tacoma, Washington, on June 21,
1992.  Vessel repair entry, number 110-0104367-5, was filed on
June 26, 1992.  The entry indicates that foreign repairs were
made to the vessel to repair damages allegedly caused by heavy
weather encountered by the vessel during the voyage of the vessel
from Tacoma, Washington, to Tokyo, Japan.

     The documentation submitted alleges that the damages
occurred on the morning of May 19, 1992.  The vessel log
indicates that the vessel encountered force eight winds.  The
notes made in the log show that the vessel at various times was
"rolling mod. and pitching mod. to heavy at times in very rough
WNWly sea and long deep swell."  The master states that the
vessel took occasional heavy spray over the bow, but never
pounded, slammed, or shipped green sea.  Inspection of the No. 1
hold revealed cracks in frames 233, 239, 242, and 236.  However,
the master states:  "It is not known when these cracks developed
as the hatch was last inspected a few trips ago...."  The master
believes that the cracks resulted from the heavy weather.  The
applicant seeks relief for inspection and repair of this damage.

ISSUE:

     Whether the evidence submitted demonstrates that the repairs
performed to the ship in a foreign shipyard were necessitated by
stress of weather and were necessary to secure the safety and
seaworthiness of the vessel.

LAW AND ANALYSIS:

     Title 19, United States Code, section 1466, provides in
pertinent part for payment of duty in the amount of 50 percent ad
valorem on the cost of foreign repairs to vessels documented
under the laws of the United States to engage in foreign or
coastwise trade, or vessels intended to engage in such trade. 
The statute provides for the remission of the above duties in
those instances where good and sufficient evidence is furnished
to show that foreign repairs were compelled by "stress of weather
or other casualty" and were necessary to secure the safety and
seaworthiness of the vessel to enable her to reach her port of
destination.  19 U.S.C.  1466(d)(1).

     Customs Regulations require that certain supporting evidence
be submitted with an application for relief for damages resulting
from stress of weather.  This evidence includes photocopies of
the relevant parts of the vessel's logs, certification of any
claimed casualty by the master or other responsible vessel
officer with personal knowledge of the facts, and a certification
by the master that the repairs were necessary for the safety and
seaworthiness of the vessel to enable her to reach her port of
destination in the United States.  19 C.F.R.
 4.14(d)(1)(iii)(D)-(F) (1991).

     In Treasury Decision 78-180, we set out guidelines to be
used when relief is requested on the basis that the vessel
encountered high winds. T.D. 78-180, 12 Cust. B. & Dec. 382
(1978).  We held that winds of force 9 on the Beaufort Scale, a
numerical scale rating winds according to ascending velocity from
zero (calm) to twelve (hurricane), accompanied by a reasonable
description of the conditions and verified as required in the
regulations, raise a presumption that damages caused were due to
stress of weather.  Id.  

     The vessel log indicates winds of up to force eight, which
do not meet the force level at which the evidentiary presumption
applies.  While the log entries confirm that the vessel
encountered heavy weather, the master's statement does not
confirm that the damages were a direct result of the heavy
weather encountered.  This evidence appears insufficient to
support the applicant's claim that the damages for which relief
is sought resulted from the weather conditions described.  The
application for relief is therefore denied.

HOLDING:

     This evidence submitted is insufficient to support the
applicant's claim that the damages for which relief is sought
resulted from the weather conditions described.  The foreign work
for which the applicant seeks relief is dutiable under 19 U.S.C.
 1466.


                              Sincerely,



                              
                              Acting Chief
                              Carrier Rulings Branch