HQ 0112967 - Towing; 46 U.S.C. app. 316(a) - United States International Trade Commision Rulings

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HQ 112967

December 8, 1993

VES-10-03-CO:R:IT:C 112967 DEC

CATEGORY: CARRIER

Ms. Caitlin J. Bjorke
Tower Group International, Incorporated
821 Second Avenue, Suite 1400
Seattle, Washington 98104

RE: Towing; 46 U.S.C. app. 316(a)

Dear Ms. Bjorke:

This ruling is in response to your facsimile request that was transmitted to the United States Customs Service - Carrier Rulings Branch, on December 2, 1993.

FACTS:

You indicated in your transmission that your client wishes to use an American-flag barge to carry cargo between coastwise points in tow of a foreign-flag tugboat. In addition, you indicated that your client may wish to carry empty containers, platforms, and cranes aboard the same tug and barge arrangement.

ISSUE:

Whether an American-flag barge carrying cargo between coastwise points in tow of a foreign-flag tugboat is in violation of Title 46, United States Code, Appendix, section 316(a).

LAW AND ANALYSIS:

Title 46, United States Code, Appendix, section 316(a) (46 U.S.C. app. 316(a), the coastwise towing statute), prohibits the towing of any vessel, other than a vessel in distress, by a vessel not documented under the United States flag to engage in the coastwise or Great Lakes trade between ports or places in the United States embraced within the coastwise laws, either directly or by way of a foreign port or place, or for any part of such towing, or such towing between ports in a harbor of the United States. The penalties for violation of this prohibition are a fine ranging between $250 to $1000 against the owner and master of the towing vessel and an additional penalty against the towing vessel of $50 per ton of the towed vessel.

HOLDING:

Since the tugboat under consideration is not documented under the United States flag to engage in the coastwise trade, it may not engage in towing operations between coastwise points.

Sincerely,

Arthur P. Schifflin
Chief

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