HQ 0111647 - Vessel Repair Entry No. 110-0104033-3 SEA-LAND MARINER V- lll; Vessel Repairs; casualty; evidence - United States International Trade Commision Rulings

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HQ 111647

January 27, 1992

VES-13-18 CO:R:IT:C 111647 BEW

CATEGORY: CARRIER

Chief, Technical Branch
Pacific Region
1 World Trade Center
Long Beach, California 90831

RE: Vessel Repair Entry No. 110-0104033-3 SEA-LAND MARINER V- lll; Vessel Repairs; casualty; evidence

Dear Sir:

This is in reference to an application for relief from duties filed by Sea-Land Service, Inc., in relation to the above referenced vessel repair entry dated January 29, 1991. The entry and the application were timely filed. The vessel arrived at the port of Tacoma, Washington, on January 29, 1991.

FACTS:

The SEA-LAND MARINER is a U.S.-flag vessel, owned by Sequa Capital Corp. The record shows that the shipyard work in question was performed on the subject vessel In Yokohama and Kobe, Japan, during the period of December 29 and 30, 1990.

The applicant requests review for remission of duty on the following repairs:

Item # Description

01 Yokohama Eng. Invoice -
Starboard ladder damage

02 ABS Survey

03 Posa Marine

04 Omi. Eng. Anchor chain guards

The applicant claims that each of the invoices submitted relate to the repairs necessary because of a casualty.

The applicant contends that the vessel sustained damage as a result of storm damage.

The Marine Note of Protest subscribed to by the ship's master on December 28, 1990, in the port of Yokohama, Japan, indicates that the vessel experienced "rough and boisterous weather, seamy seas and swells with Force 8 winds on December 18, 19 and 27. In addition to the Marine Note of Protest, the file contains copies of the master's statement, relevant pages from the ship's log and official log containing the sea and wind conditions during the crossing from Tacoma, Washington, to Yokohama, Japan.

The damage occurred while the vessel was at sea and the repairs were made at the first port of arrival. The master's statement dated December 20, 1990, states that on December 18, the vessel began to encounter rough weather, rough sea and heavy northwesterly swells. The rough and heavy weather continued. The master's statement shows that on December 19, the weather remained too rough for the mate to inspect for damage. Upon examination of the vessel on December 20, the following damage was found:

1. Port and starboard guard rails at the hawsepipes were badly bent with some stanchions uprooted from the deck.

2. Buckled deck plating in the main deck No. 1 hatch forward corner at frame 261. An indentation in the deck of about a 4 foot curve in the shape of a quarter circle, and is about 6 feet outboard of No. 1 port coaming. Also buckled deck plating was found in the main deck at No. 1 hatch after the starboard corner of coaming. This buckle run longitudinally for about 3 feet.

3. Damage to container No. 4757103

4. The starboard gangway was bent and bowed longitudinally. also, the electric wires carried away from the fall hoisting motor.

You have requested our advice concerning repairs which relate to the alleged casualty.

ISSUE:

Whether the evidence submitted demonstrates that the repairs performed to the ship in a foreign shipyard were necessitated by stress of weather and were necessary to secure the safety and seaworthiness of the vessel.
LAW AND ANALYSIS:

Title 19, United States Code, section 1466, provides in pertinent part for payment of duty in the amount of 50 percent ad valorem on the cost of foreign repairs to vessels documented under the laws of the United States to engage in foreign or coastwise trade, or vessels intended to engage in such trade. The statute provides for the remission of the above duties in those instances where good and sufficient evidence is furnished to show that foreign repairs were compelled by "stress of weather or other casualty" and were necessary to secure the safety and seaworthiness of the vessel to enable her to reach her port of destination. 19 U.S.C. 1466(d)(1).

Customs Regulations require that certain supporting evidence be submitted with an application for relief for damages resulting from stress of weather. This evidence includes photocopies of the relevant parts of the vessel's logs, certification of any claimed casualty by the master or other responsible vessel officer with personal knowledge of the facts, and a certification by the master that the repairs were necessary for the safety and seaworthiness of the vessel to enable her to reach her port of destination in the United States. 19 C.F.R.

In Treasury Decision 78-180, we set out guidelines to be used when relief is requested on the basis that the vessel encountered high winds. (T.D. 78-180, 12 Cust. B. & Dec. 382 (1978)). We held that winds of force 9 on the Beaufort Scale, a numerical scale rating winds according to ascending velocity from zero (calm) to twelve (hurricane), accompanied by a reasonable description of the conditions and verified as required in the regulations, raise a presumption that damages caused were due to stress of weather. (See Rene de Kerchove, International Maritime Dictionary 52 (2nd Ed. 1961). The damage reports filed by the ship's master and the vessel log indicate winds of force 8 and higher. The log entries during the periods during which the damages occurred note that the vessel was pitching and rolling moderately in very rough seas. This evidence appears sufficient to support the applicant's claim that the damages for which relief is sought resulted from the weather conditions described.

As noted above, to claim remission because of stress of weather, the applicant must demonstrate not only that the foreign repairs were compelled by stress of weather, but also that the repairs were necessary for the safety and seaworthiness of the vessel. Such evidence may take the form of a certificate furnished by the master as required by the regulation. The record in this case does not contain certification or any other statement by the master that the repairs were necessary for the safety and seaworthiness of the vessel to enable her to reach her United States port of destination. The application for relief, therefore, must be denied.

In our review, we note that item 8 - Kwong Soon Engineering Co. (pte) Ltd. Invoice No. 2449/L, relates to main engine scavenge space cleaning. The removal of carbon and oil deposits from the main engine scavenger spaces is a maintenance operation the cost of which is subject to duty under section 1466. (See Headquarters ruling 111700, copy enclosed).

HOLDING:

This evidence appears sufficient to support the applicant's claim that the damages for which relief is sought resulted from the weather conditions described. However, absent a certification or other statement by the master that the repairs were necessary for the safety and seaworthiness of the vessel, the foreign work for which the applicant seeks relief is dutiable under 19 U.S.C. 1466.

Sincerely,

B. James Fritz
Chief

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