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HQ 114876

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December 6, 1999

VES-5-28-RR:IT:EC 114876 GEV

CATEGORY: CARRIER

Lynda Ogden
Vessel Operations Manager
Alaska Maritime Agencies
P.O. Box 920105
Newhall Building/Standard Oil Hill
Dutch Harbor, Alaska 99692-0105

RE: Vessel Clearance; 19 CFR § 4.75; 46 U.S.C. App. § 91

Dear Ms. Ogden:

This is in response to your letter dated November 4, 1999, requesting a ruling regarding Customs interpretation of 19 CFR § 4.75. Our ruling is set forth below.

FACTS:

Alaska Maritime Agencies is experiencing situations where a vessel is departing the United States bound to Japan. In addition to the Japan-destined cargo, the vessel is also carrying cargo bound to China. The vessel would like to file an incomplete manifest and shipper’s export declarations (SEDs) pursuant to 19 CFR § 4.75(a) and (b), notwithstanding the fact that some of the cargo it is transporting is bound to China, a country listed in 19 CFR § 4.75(c) as one to which a vessel may not be cleared until a complete manifest and SEDs are filed.

ISSUE:

Whether the requirement to file a complete manifest and shipper’s export declarations prior to vessel clearance pursuant to 19 CFR § 4.75(c) relates to the vessel or to the cargo it is transporting.

LAW AND ANALYSIS:

Section 4.75, Customs Regulations (19 CFR § 4.75), promulgated pursuant to 46 U.S.C. App. § 91, provides for vessel clearance procedures pertaining to the filing of incomplete manifests and SEDs. Specifically, §§ 4.75(a) and (b) collectively state that, with the exception of those countries listed in § 4.75(c) for which vessels may not be cleared until complete manifests and SEDs are filed, a vessel may clear Customs incomplete provided the missing documentation is submitted to Customs not later than the fourth business day after clearance. The language of § 4.75(c) relates to the vessel, not to the merchandise the vessel is transporting.

Accordingly, if a vessel is clearing for a country not listed in § 4.75(c) (e.g., Japan) but nonetheless will subsequently proceed to a country that is listed in § 4.75(c) (e.g., China) later in its itinerary, the vessel may clear incomplete to the former. However, it should be noted that it is Customs policy that vessels carrying cargo subject to a Department of Commerce validated export license, or cargo subject to a Department of State export license because the cargo is on the U.S. munitions list, or cargo subject to a DEA license, should not be permitted to use the delayed clearance procedures in § 4.75(a) and (b). (See Telex of the Commissioner of Customs, dated November 28, 1984; see also Customs ruling letter 111438, dated January 24, 1991) HOLDING:

The requirement to file a complete manifest and shipper’s export declarations prior to vessel clearance pursuant to 19 CFR § 4.75(c) relates to the vessel, not the cargo it is transporting. However, if cargo licensing requirements apply as discussed above, complete filing is required notwithstanding the clearance of a vessel to a country not listed in 19 CFR § 4.75(c).

Sincerely,

Jerry Laderberg

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