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HQ 115169

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October 26, 2000

VES-5-RR:IT:EC 115169 GEV

CATEGORY: CARRIER

Howard Gale
Chief Inspector, Airport/Seaport
U.S. Customs Service
9777 Via de la Amistad
San Diego, California 92173

RE: Vessel Report of Arrival, Entry, Clearance; 19 U.S.C. §§ 1433, 1434, 1441; 46 U.S.C. App. § 91

Dear Mr. Gale:

This is in response to your memorandum dated October 3, 2000 (your file no. ENF-3-FO:SC:AS JLV), requesting a ruling regarding reporting requirements for vessels returning to the United States from Mexico. Our ruling in this matter is set forth below.

FACTS:

The Coronado Islands of Mexico are a very popular area for fishing and boating. These islands lie approximately 12 miles south of the United States-Mexico border and approximately 7-8 miles due west of Mexico’s mainland. Historically, hundreds of boats leave San Diego destined to these islands and return on a daily basis.

ISSUE:

Whether vessels leaving San Diego for the Coronado Islands of Mexico and returning are subject to the requirements imposed by 19 U.S.C. §§ 1433, 1434, and 46 U.S.C. App. § 91.

LAW AND ANALYSIS:

The navigation laws administered by the U.S. Customs Service require that any vessel arriving “from a foreign port or place” must immediately report its arrival and make formal entry. (19 U.S.C. §§ 1433(a)(1)(A) and 1434(a)(1), respectively) In addition, any vessel proceeding from a port or place in the United States “for a foreign port or place” must obtain clearance from Customs before proceeding. (46 U.S.C. App. § 91(a)(1) and (b)(1)) It is Customs position, based on judicial interpretation, that the term “foreign port or place” means “a port or place exclusively within the sovereignty of a foreign nation.” (see The Winnie, 65 F.2d 706, 707) Consequently, the Coronado Islands, and the Mexican territorial waters adjacent thereto, are a “foreign port or place” for purposes of the aforementioned statutes. Vessels visiting that area must therefore comply with the requirements of the above-cited statutory authority unless otherwise exempted.

In this regard it should be noted that pursuant to 19 U.S.C. § 1441, certain vessels are not required to make entry or obtain clearance as discussed above. The provision of the aforementioned statute germane to your inquiry is 19 U.S.C. § 1441(4) which exempts from Customs entry and clearance requirements any U.S.-flagged recreational vessel and undocumented U.S. pleasure vessel not engaged in trade if:
the vessel complies with the report of arrival requirements of 19 U.S.C. § 1433 and the customs and navigation laws of the United States; the vessel has not visited any hovering vessel (defined in 19 U.S.C. § 1401(k) as a vessel off the U.S. coast believed to be used to unlawfully facilitate the introduction or attempted introduction of merchandise into the United States and any vessel which has visited such a vessel); and the master of, and any person on board, the vessel, if the master or such person has on board any article required by law to be entered or declared, reports such article to the Customs Service immediately upon arrival.

Accordingly, vessels leaving San Diego for the Coronado Islands and the Mexican territorial waters adjacent thereto, and returning, must comply with Customs report of arrival, entry and clearance requirements, unless exempted from the latter two pursuant to 19 U.S.C. § 1441(4).

HOLDING:

Vessels leaving San Diego for the Coronado Islands of Mexico and the Mexican territorial waters adjacent thereto, and returning, are subject to the requirements imposed by 19 U.S.C. §§ 1433, 1434, and 46 U.S.C. App. § 91, unless exempted from the latter two pursuant to 19 U.S.C. § 1441(4).

Sincerely,

Larry L. Burton

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