us-cbp-cross-rulings-hq-109859•HQ 109859: Dutiable Status of Foreign Work Done to U.S.-flag Vessels under 19 U.S.C. 1466
HQ 109859: Dutiable Status of Foreign Work Done to U.S.-flag Vessels under 19 U.S.C. 1466
us-cbp-cross-rulings-hq-109859HQ 109859: Dutiable Status of Foreign Work Done to U.S.-flag Vessels under 19 U.S.C. 1466Guidance
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 109859
December 2, 1988
VES-13-18 CO:R:P:C 109859 GV
CATEGORY: Carriers
Gerard S. Doyle, Jr.
Senior Counsel
Sea-Land Service, Inc.
10 Parsonage Road
Post Office Box 800
Iselin, New Jersey 08830
RE: Dutiable Status of Foreign Work Done to U.S.-flag
Vessels under 19 U.S.C. 1466
Dear Mr. Doyle:
This is in reference to your letter of November 3,
1988, in which you request a ruling as to whether
certain work done to two U.S.-flag vessels is dutiable
under 19 U.S.C. 1466.
FACT:
Sea-Land Service, Inc. ("Sea-Land"), is the owner of
two U.S.-built, U.S.-flag vessels: S.S. SEA-LAND PRODUCER;
and S.S. SEA-LAND CONSUMER. These vessels are fully
cellularized container vessels. As presently configured
they can carry containers of both 35 and 40 foot lengths.
The work under consideration will convert five original 35
foot container groups to one new 40 foot container group
and three new 45 foot container groups above and below
deck. In addition, one original 35 foot container group
below deck will be modified for general cargo use. Work in
question shall include, but not be limited to:
1. Relocation of one existing watertight bulkhead
and three transverse hatch girders complete with
cell guide structure;
2. Fabrication and installation of removable 20
foot cell plugs in new hatch groups;
3. Fabrication of new 45 foot hatch covers at new
hatch groups 4, 5 and 7;
4. Providing new 20 foot ISO lifting fittings on
hatch covers at hatch No. 1;
5. Reinforcement and outfitting of existing hatch
covers at hatch group 3 and 9 for one tier of
2 x 20 foot containers across;
6. Extension, reinforcement and outfitting of
existing 35 foot hatch covers for use as new 40
foot covers at new group 6;
7. Removal of existing buttress towers at frames
125, 141, 158 and 173;
8. Modification of stacking frames on new groups 2,
3, 8, 9 and 10;
9. Fabrication and installation of new deck
pedestals outboard in way of new groups 4, 5, 6
and 7;
10. Modifying hatch No. 1 for general cargo below
deck;
11. Reinforcement and outfitting of hold tank tops
for 20 foot, 40 foot and 45 foot containers;
12. Relocation of vents, sounding tubes, and bilge
wells as necessary;
13. Relocation of refrigerated container electrical
outlets; and
14. Completion of inclining and deadweight surveys,
if required.
In addition to the above information, Sea-Land has submitted
specifications and a drawing detailing the work to be done.
ISSUE:
Whether the conversion of two container vessels as
described herein, which will result in greater carrying
capacity and commercial flexibility for the vessels, would
constitute a modification to the hull and fittings so as to
render the work non-dutiable under 19 U.S.C. 1466.
LAW AND ANALYSIS:
Title 19, United States Code, section 1466, provides
in pertinent part for payment of an ad valorem duty of 50
percent of the cost of foreign repairs to or equipment
purchased for a vessel documented under the laws of the
United States to engage in the foreign or coastwise trade.
In its application of the vessel repair statute (19
U.S.C. 1466), Customs has held that modifications/alter-
ations/additions to the hull and fittings of a vessel are
not subject to vessel repair duties. A leading case in the
interpretation and application of section 1466 is United
States v. Admiral Oriental Line et al, T.D. 44359 (1930)
where the Court considered the issue of whether steel
swimming tanks installed on a U.S.-flag vessel in a foreign
port constituted equipment or repairs within the meaning of
section 1466. In holding that the installation of these
tanks did not constitute either equipment or repairs and
therefore was not dutiable, the Court in Admiral Oriental
cited earlier court decisions which define equipment,
promulgations by the Board of Naval Construction, and
regulations of the Treasury Department, as well as opinions
of the Attorney General.
Accordingly, for purposes of section 1466, dutiable
equipment has been defined as:
... portable articles necessary or appropriate
for the navigation, operation, or maintenance of
a vessel, but not permanently incorporated in or
permanently attached to its hull or propelling
machinery, and not constituting consumable
supplies. Admiral Oriental, supra., (quoting
T.D. 34150, (1914)).
By defining what articles are considered to be
equipment, the authority cited above formulated
criteria which distinguish those items deemed to be
modifications/alterations/additions to the hull and
fittings and therefore not dutiable under section 1466.
These items include:
...those applications which are permanently
attached to the vessel, and which would remain
on board were the vessel to be laid up for a
long period... Admiral Oriental, supra.,
(quoting 27 Op. Atty. Gen. 228)
Furthermore, the Court in Otte v. United States, T.D. 36489
(1916) stated that before an item can be regarded as part
of a vessel, it must be "essential to the successful
operation" of the vessel.
It is apparent that the work described in your letter
would constitute a non-dutiable modification to the subject
vessel rather than dutiable equipment or repairs.
HOLDING:
The conversion of two container vessels as described
herein, which will result in greater carrying capacity and
commercial flexibility for the vessels, would constitute a
modification to the hull and fittings so as to render the
work non-dutiable under 19 U.S.C. 1466.
It is noted, however, that this ruling is merely
advisory in nature and does not eliminate the requirement
to declare work done abroad at the subject vessel's first
United States port of arrival, nor does it eliminate the
requirement of filing the entry showing this work (see
sections 4.14 (b)(1)(2), Customs Regulations).
Furthermore, any final ruling on this matter is contingent
on Customs review of the evidence submitted pursuant to
section 4.14 (d)(1), Customs Regulations.
Sincerely,
B. James Fritz
Chief
Carrier Rulings Branch
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