HQ 110926: Application of the Coastwise Laws to the Commonwealth of the Northern Mariana Islands

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 110926

                          June 18, 1990




VES-3  CO:R:P:C  110926  JBW

CATEGORY:  Carriers

Dean H. Robb, Esquire
Carlsmith, Wichman, Case, Mukai and Ichiki
1001 Bishop Street
Pacific Tower, Suite 2200
Honolulu, Hawaii 96813

RE:  Application of the Coastwise Laws to the Commonwealth of the
     Northern Mariana Islands

Dear Mr. Robb:

          This letter is in response to your inquiry of March 7,
1990, in which you request a ruling regarding the applicability
of the coastwise laws, 46  U.S.C. App. 289 & 883 (1982), or
other applicable maritime laws to the Commonwealth of the
Northern Mariana Islands (CNMI).

FACTS:

          As stated in your letter, the contemplated activity
involves the use of a non-coastwise-qualified barge and tug to
lighter cargo in the CNMI.  The lightering operation would move
cargo between coastwise-qualified and non-coastwise-qualified
vessels and ports in the CNMI.

ISSUE:

          Whether the coastwise laws or other maritime laws
administered by the Customs Service prohibit a non-coastwise-
qualified vessel from engaging in a lightering operation in the
CNMI.

LAW AND ANALYSIS:

          Sections 289 and 883 of Title 46, Appendix, United
States Code, prohibit the transportation of passengers or
merchandise between points in the United States embraced within
the coastwise laws 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.  Likewise, section
316(a) of Title 46, Appendix, United States Code, prohibits the
towing of any vessel, other than a vessel in distress, between
ports or places in the United States embraced within the
coastwise laws by a vessel not documented under United States law
to engage in the coastwise trade.

          Sections 502(b) and 503(b) of the "Covenant to
Establish a Commonwealth of the Northern Mariana Islands in
Political Union with the United States of America," Pub. L. No.
94-241, as amended, 90 Stat. 263 (1976) (48 U.S.C.A. 1681 note
(1987)), provide in part that, except for activities of the
United States Government and its contractors in the CNMI, the
coastwise laws do not apply to the CNMI.  Consequently, the
coastwise laws, described above, would not prohibit the use of a
non-coastwise-qualified vessel in a lightering operation in the
CNMI.  Moreover, no other law administered by the Customs Service
prohibits such activity.

HOLDING:

          Neither the coastwise laws nor other maritime laws
administered by the Customs Service prohibit a non-coastwise-
qualified vessel from engaging in a lightering operation in the
CNMI.


                              Sincerely,



                              B. James Fritz
                              Chief
                              Carrier Rulings Branch