United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1992 HQ Rulings > HQ 0110731 - HQ 0110894 > HQ 0110765

Previous Ruling Next Ruling

---

HQ 110765
February 8, 1990

VES-3 CO:R:P:C 110765 LLB

CATEGORY: CARRIER

Mr. James J. Canty
B.S.L. Cruises, Inc.
1086 Teaneck Road
Teaneck, New Jersey 07666

RE: The designation of a colony of Colombia as a distant foreign port for purposes of the passenger transportation statute, 46 U.S.C. App. 289

Dear Mr. Canty:

Reference is made to your letter of January 4, 1990, in which you ask that we rule whether the colony of the country of Colombia known as Isla de San Andres may be considered a distant foreign port within the meaning of section 4.80a, Customs Regulations (19 CFR 4.80a), for the purpose of transporting passengers between coastwise points without violating 46 U.S.C. App. 289.

FACTS:

Bermuda Star Line (B.S.L.) Cruises, Inc., will begin a "repositioning" cruise from San Diego, California to Fort Lauderdale, Florida in the Spring of 1990. It is stated that the present itinerary for the vessel includes a port call in Cartagena, Colombia. You would instead however, prefer to stop at Isla de San Andres because of the degree of unrest existing in Colombia. Isla de San Andres is a colony of Colombia located just off the east coast of Nicaragua, Central America.

ISSUE:

Whether Isla de San Andres may be considered a distant foreign port for the purpose of avoiding a violation of the coastwise laws during a voyage between California and Florida.

LAW AND ANALYSIS:

Generally, the coastwise laws (e.g., 46 U.S.C. App. 289, 883, 12106, and 12110) 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, documented under the laws of, and owned by citizens of the United States. The coastwise law regarding passenger transportation is found in 46 U.S.C. App. 289.

Customs has promulgated regulations to administer the passenger transportation statute in section 4.80a, Customs Regulations (19 CFR 4.80a). The regulations provide guidelines for determining whether the movement of passengers between two coastwise points, with at least one intervening foreign point, is considered coastwise trade. To facilitate such determinations a distinction has been drawn between nearby foreign ports and distant foreign ports. By visiting at least one distant foreign port, a violation of the coastwise laws may be avoided on cruises moving between U.S. ports. For ease of application, the distinction has been drawn geographically with all Canadian, Mexican, Central American, Caribbean Sea, and Gulf of Mexico points (with the exception of the Islands of Aruba, Bonaire, and Curacao), being designated as nearby foreign ports, and all others being considered distant foreign ports.

We are asked whether Isla de San Andres may be considered a distant foreign port by virtue of the fact that it is a "colony" of Colombia, the ports of which are considered distant ports. The foreign port distinctions in the Customs regulations are based upon geographic considerations, not nationality or sovereignty considerations. Were we to adopt the view that Isla de San Andres is a distant foreign port because of its connection with Colombia, the same reasoning would apply to such locations as Bermuda (a British dependency) and Martinique (a department of France). The result of such a finding would be to greatly hinder meaningful administration of the coastwise passenger statute.

HOLDING:

Upon thorough consideration of the facts and analysis of the applicable law and regulations in this matter, we have determined that Isla de San Andres is properly considered a nearby foreign port for purposes of deciding the primary purpose of a voyage between coastwise points.

Sincerely,

B. James Fritz

Previous Ruling Next Ruling