HQ 0111694 - Cruising License; Yacht; Foreign Registry; Canada; ROI SOLEIL; 19 C.F.R. 4.94. - United States International Trade Commision Rulings

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 0111694 - HQ 0111792 > HQ 0111694

HQ 111694

October 21, 1991

VES-4-02 CO:R:IT:C 111694 JBW

CATEGORY: CARRIER

Mr. Jacques Langlois
Flynn, Rivard
Case postale 190 station B
70, Dalhousie bureau 500
Qubec, QC
GlK 7A6

RE: Cruising License; Yacht; Foreign Registry; Canada; ROI SOLEIL; 19 C.F.R. 4.94.

Dear Mr. Langlois:

This letter is in response to your letter of May 14, 1991, in which you request a ruling on the eligibility of your client to obtain successive cruising licenses for a yacht registered in Canada.

FACTS:

The ROI SOLEIL is a pleasure sailing yacht registered in the Port of Qubec. The owner of the yacht wishes to keep the yacht in United States waters on a permanent basis. The District Director of Customs in Portland, Maine, advised you that this was possible, provided that United States customs duty is paid.

ISSUE:

Whether a foreign-registered vessel may be issued successive cruising licenses.

LAW AND ANALYSIS:

Title 46, United States Code Appendix, section 104 (46 U.S.C. App. 104), authorizes the issuance of cruising licenses to exempt pleasure vessels of foreign registry from these formal entry and clearance procedures. This section, however, limits that exemption to pleasure vessels of countries that extend reciprocal privileges to United States pleasure vessels. Countries that have satisfied this reciprocity requirement are listed in section 4.94(b) of the Customs Regulations (19 C.F.R. 4.94(b)). Vessels of Canadian registry may be issued a cruising license. Your client should be aware, however, that a cruising license does not exempt the master or owner of a foreign vessel from the requirement that a report arrival be made immediately upon arrival at a port in the United States. 19 U.S.C.A. 1433 (West Supp. 1991).

The regulations restrict the issuance of a cruising license to a period of one year. 19 C.F.R. 4.94(c). Successive cruising licenses may be issued to a foreign-documented pleasure vessel that was built in the United States or on which United States customs duty has been paid, provided that the vessel is documented under the laws of one of the countries listed in 19 C.F.R. 4.94(b). Customs Directive 3100-06, dated November 7, 1988. Consequently, provided customs duty is paid, your client may obtain successive cruising licenses for his Canadian- registered yacht.

HOLDING:

A Canadian-documented pleasure yacht may be issued successive cruising licenses provided that it was built in the United States or United States customs duty has been paid.

Sincerely,

B. James Fritz
Chief

Previous Ruling Next Ruling