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HQ 114425




August 17, 1998

VES-3-02-RR:IT:EC 114425 GEV

CATEGORY: CARRIER

Mike Bush
Manager, Port Operations
Holland America Line Westours, Inc.
300 Elliott Ave. West
Seattle, Washington 98119

RE: Coastwise Trade; Cruise Itinerary; 46 U.S.C. App. ? 289

Dear Mr. Bush:

This is in response to your letter dated July 9, 1998, requesting a ruling on a proposed cruise itinerary to be conducted by vessels of your line. Our ruling on this matter is set forth below.

FACTS:

Holland America Line is interested in the possibility of using the following itinerary for future cruises on board its foreign-flag vessels:

Embark passengers in Fort Lauderdale, Florida

Ports of call: Georgetown, Grand Cayman
Transit Panama Canal
Puerto Caldera, Costa Rica
Acapulco, Mexico

Disembark passengers in Los Angeles, California

ISSUE:

Whether the use of a non-coastwise-qualified vessel for the transportation of passengers in the above-described itinerary is violative of 46 U.S.C. App. ? 289.

Title 46, United States Code Appendix, ? 289 (46 U.S.C. App. of passengers between points embraced within the coastwise laws of the United States, either directly or by way of a foreign port, in a non-coastwise-qualified vessel (i.e., any vessel not built in and documented under the laws of the United States and owned by persons who are citizens of the United States).

Section 4.80a(b)(2), Customs Regulations (19 CFR ? 4.80a(b)(2)), promulgated pursuant to 46 U.S.C. App. ? 289, provides that a coastwise violation occurs if a passenger is on a voyage to one or more coastwise points and a nearby foreign port or ports (but at no other foreign port) and the passenger disembarks at a coastwise port other than the port of embarkation. (see 19 CFR ?? 4.80a(a)(1)(2) and (4) for the definitions of the terms "coastwise port," "nearby foreign port," "embark," and "disembark," as those terms are used in the regulation)

Under the proposed itinerary, passengers embarking a non-coastwise-qualified vessel at Fort Lauderdale (a coastwise point) and disembarking at Los Angeles (also a coastwise point) with intervening stops at Georgetown, Puerto Caldera, and Acapulco (all of which are nearby foreign ports) would constitute a violation of 19 CFR ? 4.80a(b)(2) as discussed above.

HOLDING:

The use of a non-coastwise-qualified vessel for the transportation of passengers in the above-described itinerary is violative of 46 U.S.C. App. ? 289.

Sincerely,

Jerry Laderberg
Chief
Entry Procedures and Carriers

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