HQ 0111769 - Vessel Repair; Heavy Weather; SEA-LAND EXPRESS; Entry No. 110-0104141-4; 19 U.S.C. 1466; 19 C.F.R. 4.14(d)(1)(iii). - United States International Trade Commision Rulings

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HQ 111769

January 7, 1992

VES-13-18 CO:R:IT:C 111769 JBW

CATEGORY: CARRIER

Chief, Technical Branch
Commercial Operations
Pacific Region
1 World Trade Center
Long Beach, CA 90831

RE: Vessel Repair; Heavy Weather; SEA-LAND EXPRESS; Entry No. 110-0104141-4; 19 U.S.C. 1466; 19 C.F.R. 4.14(d)(1)(iii).

Dear Sir:

This letter is in response to your memorandum of June 17, 1991, which forwards for our review the application for relief filed in conjunction with the above-referenced vessel repair entry.

FACTS:

The record reflects that the subject vessel, the SEA-LAND EXPRESS, arrived at the port of Tacoma, Washington, on April 7, 1991. Vessel repair entry, number 110-0104141-4, was filed on the same day as arrival. The entry indicates that foreign repairs were made to the vessel to repair damages caused by heavy weather encountered by the vessel during the voyage of the vessel from Tacoma, Washington, to Yokohama, Japan.

The documentation submitted indicates that the damages occurred between March 7, 1991, and March 11, 1991. The vessel log and damage reports indicate that the vessel encountered force seven to ten winds. The notes made in the log show that the vessel at various times encountered "moderate to rough seas" or "heavy swells" and was "pitching mod. to heavy in v. rough seas...& heavy swell." The master also ordered that the vessel change course a number of times to lessen the impact of the weather. On March 11, 1991, the Master, the Chief Engineer, and the Chief Mate undertook a weather damage survey and discovered that the upper deck starboard side middle reinforcement doubler plate butt weld in way of frame 149 was fractured. The applicant seeks relief for inspection and repair of this damage.

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. Id. The damage reports filed by the ship's master and the vessel log indicate winds of up to force 10. The log entries during the periods during which the damages occurred note that the vessel was pitching moderately to heavily 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.

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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