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HQ 116216

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April 29, 2004

VES-5-11-RR:IT:EC 116216 GOB

CATEGORY: CARRIER

Norman J. Theckston
Moran Shipping Agencies, Inc.
106A New Broadway
Brooklawn, NJ 08030

RE: 19 CFR 4.5(a); Government Vessels

Dear Mr. Theckston:

This is in response to your letter of April 27, 2004.

FACTS:

Your firm acts as vessel agent for SGT. WILLIAM R. BUTTON (the “vessel”), a U.S.-flag vessel owned by Wilmington Trust Company and chartered to the U.S. Military Sealift Command, Department of the Navy. The vessel will arrive in Philadelphia on May 1, 2004 from Shuaibah, Kuwait to discharge non-commercial Department of Defense cargo. Individuals on board the vessel are U.S. civilian merchant seamen, a U.S. Army security team, and four Philippine nationals who attend to vessel repairs.

ISSUE:

Whether the vessel is required to report arrival or make entry?

LAW AND ANALYSIS:

19 CFR 4.5(a) provides in pertinent part as follows:

§ 4.5 Government vessels.

(a) No report of arrival or entry shall be required of any vessel owned by, or under the complete control and management of the United States or any of its agencies, if such vessel is manned wholly by members of the uniformed services of the United States, by personnel in the civil service of the United States, or by both, and is transporting only property of the United States or passengers traveling on official business of the United States, or it is ballast. In addition, any vessel chartered by, and transporting only cargo that is the property of, the U.S. Department of Defense (DoD) will be treated as a Government vessel for the purpose of being exempt from entry, where the DoD-chartered vessel is manned entirely by the civilian crew of the vessel carrier under contract to DoD. Notwithstanding § 4.60(b)(3) of this part, such DoD-chartered vessel is not exempt from vessel clearance requirements. . . .

The critical inquiry is whether the vessel qualifies as a government vessel for the purpose of being exempt from entry under the second sentence of 19 CFR 4.5(a). In addition to the U.S. civilian merchant seamen, the vessel is carrying a U.S. Army security team and four Philippine nationals who attend to repairs.

We find that the U.S. Army security team and the Philippine nationals are not part of the crew of the vessel. They are personnel on official business of the United States. Accordingly, we find that the vessel is manned entirely by the civilian crew of the vessel within the meaning of 19 CFR 4.5(a). Because the vessel meets the other requirements of the second sentence of 19 CFR 4.5(a) (i.e., it is chartered by and transporting only cargo that is the property of the U.S. Department of Defense), it is not required to report arrival or make entry.

HOLDING:

Pursuant to 19 CFR 4.5(a), the vessel is not required to report arrival or make entry.

Sincerely,

Glen E. Vereb
Chief

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