HQ 112967: Towing; 46 U.S.C. app. 316(a)

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 112967

                          December 8, 1993

VES-10-03-CO:R:IT:C 112967 DEC

CATEGORY:  Carriers

Ms. Caitlin J. Bjorke
Tower Group International, Incorporated
821 Second Avenue, Suite 1400
Seattle, Washington  98104

RE:  Towing; 46 U.S.C. app.  316(a)

Dear Ms. Bjorke:

     This ruling is in response to your facsimile request that was 
transmitted to the United States Customs Service - Carrier Rulings
Branch, on December 2, 1993.


FACTS:

     You indicated in your transmission that your client wishes to
use an American-flag barge to carry cargo between coastwise points
in tow of a foreign-flag tugboat.  In addition, you indicated that
your client may wish to carry empty containers, platforms, and
cranes aboard the same tug and barge arrangement.


ISSUE:

     Whether an American-flag barge carrying cargo between coastwise
points in tow of a foreign-flag tugboat is in violation of Title 46,
United States Code, Appendix, section 316(a).


LAW AND ANALYSIS:

     Title 46, United States Code, Appendix, section 316(a) (46
U.S.C. app.  316(a), the coastwise towing statute), prohibits the
towing of any vessel, other than a vessel in distress, by a vessel
not documented under the United States flag to engage in the
coastwise or Great Lakes trade between ports or places in the United
States embraced within the coastwise laws, either directly or by way
of a foreign port or place, or for any part of such towing, or such
towing between ports in a harbor of the United States.  The
penalties for violation of this prohibition are a fine ranging
between $250 to $1000 against the owner and master of the towing
vessel and an additional penalty against the towing vessel of $50
per ton of the towed vessel.

                                 -2-


HOLDING:

     Since the tugboat under consideration is not documented under
the United States flag to engage in the coastwise trade, it may not
engage in towing operations between coastwise points.

                                     Sincerely,



                                     Arthur P. Schifflin
                                     Chief
                                     Carrier Rulings Branch