HQ 0112476 - Vessel Repair; Heavy Weather; SEA-LAND MARINER, v-133/134; Entry No. 110-0104367-5; 19 U.S.C. 1466; 19 C.F.R. - United States International Trade Commision Rulings

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HQ 112476

March 1, 1993

VES-13-18 CO:R:IT:C 112476 JBW

CATEGORY: CARRIER

Deputy Regional Director
Commercial Operations
Pacific Region
1 World Trade Center
Long Beach, CA 90831

RE: Vessel Repair; Heavy Weather; SEA-LAND MARINER, v-133/134; Entry No. 110-0104367-5; 19 U.S.C. 1466; 19 C.F.R.

Dear Sir:

This letter is in response to your memorandum that 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 MARINER, arrived at the port of Tacoma, Washington, on June 21, 1992. Vessel repair entry, number 110-0104367-5, was filed on June 26, 1992. The entry indicates that foreign repairs were made to the vessel to repair damages allegedly caused by heavy weather encountered by the vessel during the voyage of the vessel from Tacoma, Washington, to Tokyo, Japan.

The documentation submitted alleges that the damages occurred on the morning of May 19, 1992. The vessel log indicates that the vessel encountered force eight winds. The notes made in the log show that the vessel at various times was "rolling mod. and pitching mod. to heavy at times in very rough WNWly sea and long deep swell." The master states that the vessel took occasional heavy spray over the bow, but never pounded, slammed, or shipped green sea. Inspection of the No. 1 hold revealed cracks in frames 233, 239, 242, and 236. However, the master states: "It is not known when these cracks developed as the hatch was last inspected a few trips ago...." The master believes that the cracks resulted from the heavy weather. 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 vessel log indicates winds of up to force eight, which do not meet the force level at which the evidentiary presumption applies. While the log entries confirm that the vessel encountered heavy weather, the master's statement does not confirm that the damages were a direct result of the heavy weather encountered. This evidence appears insufficient to support the applicant's claim that the damages for which relief is sought resulted from the weather conditions described. The application for relief is therefore denied.

HOLDING:

This evidence submitted is insufficient to support the applicant's claim that the damages for which relief is sought resulted from the weather conditions described. The foreign work for which the applicant seeks relief is dutiable under 19 U.S.C. 1466.

Sincerely,

Acting Chief

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