HQ 111398: 46 U.S.C. App. 289; Passenger; Puerto Rico

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 111398

December 12, 1990

VES-03-02:CO:R:P:C 111398 RAH

CATEGORY: Carriers


Stephen A. Nielsen
Vice President Marine Operations
PRINCESS CRUISES
10100 Santa Monica Boulevard
Los Angeles, California  90067-4189

RE:  46 U.S.C. App.  289; Passenger; Puerto Rico

Dear Mr. Nielsen:

     This is in response to your letter of November 6, 1990,
requesting our advice on the operation of foreign-flag ships
between Puerto Rico and New York.

     In your letter you state that you are contemplating the
operation of a foreign-flag cruise ship from New York to San
Juan, Puerto Rico, with passengers for hire.  You ask whether
"...the exemption granted to foreign flag ships to operate
between Puerto Rico and Florida also extends to New York."  In
that regard, we are unaware of any law specifically exempting
Puerto Rico and Florida from the coastwise laws.

     Generally, as you are aware, the coastwise passenger
statute (46 U.S.C. App.  289) prohibits the transportation of
passengers between points in the United States either directly or
by way of a foreign port in any vessel other than a vessel built
in, documented under the laws of, and owned by citizens of the
United States, under penalty of $200 for each passenger so
transported and landed.

     Nevertheless, Public Law 98-563 (46 U.S.C. App.  289c) was
signed into law on October 30 and became effective on November
15, 1984.  That statute provides that passengers may be
transported between ports in Puerto Rico and other ports in the
United States on passenger vessels not qualified to engage in the
coastwise trade, subject to the condition that no qualified U.S.
passenger vessels are available for such service.  Customs
Decisions 107184 (11-19-84), 108476 (8-20-86).


     Accordingly, although section 289c provides that the
contemplated transportation might be lawful, we have no evidence
of compliance with the provisions of that law.  Furthermore, the
information submitted is insufficient to issue a ruling thereon.
Pursuant to 19 C.F.R.  177.2 (copy enclosed), a ruling request
must be described in sufficient detail and contain a complete
statement of all relevant facts relating to the transaction in
question.

     If you have any further questions regarding this matter,
please do not hesitate to contact our office.

                                   Sincerely,



                                   B. James Fritz
                                   Chief
                                   Carrier Rulings Branch