HQ H022252 - Vessel Report of Arrival; Entry; Clearance; 19 U.S.C. § 1433; 19 U.S.C. § 1434; 19 U.S.C. § 1441; 46 U.S.C. § 60105 - United States International Trade Commision Rulings

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HQ H022252

January 28, 2008

VES-4-01-OT:RR:BSTC:CCI H022252 JLB

CATEGORY: CARRIER

Mr. Joe Exline
1402 Andorra Ct.
Vista, California 92081

RE: Vessel Report of Arrival; Entry; Clearance; 19 U.S.C. § 1433; 19 U.S.C. § 1434; 19 U.S.C. § 1441; 46 U.S.C. § 60105

Dear Mr. Exline:

This letter is in response to your correspondence dated January 23, 2008, in which you request a ruling on the reporting requirements for a pleasure vessel returning to the United States from Mexico. Our ruling on your request follows.

FACTS

You own a 26 foot pleasure vessel, which you launch from San Diego, California in order to fish in the waters surrounding the Coronado Islands of Mexico or offshore up to eighty nautical miles. These islands lie approximately twelve miles south of the United States-Mexico border and approximately seven to eight miles west of Mexico’s mainland. During the voyage, the vessel does not call a Mexican port nor does it contact any foreign vessel.

ISSUE

Whether a pleasure vessel returning to the United States after entering foreign waters off the Coronado Islands of Mexico must report its arrival, make formal entry and obtain clearance under 19 U.S.C. § 1433, § 1434, and 46 U.S.C. § 60105, respectively?

LAW AND ANALYSIS

The navigation laws administered by U.S. Customs and Border Protection (“CBP”) require that any vessel arriving “from a foreign port or place” must immediately report its arrival and make formal entry. See 19 U.S.C. § 1433(a)(1)(A) and § 1434(a)(1), respectively. See also CBP regulations 19 C.F.R. § 4.2 and § 4.3. Additionally, a vessel departing the U.S. “for a foreign port or place” must obtain clearance from CBP prior to departure. See former 46 U.S.C. App. § 91(a)(1) and (b)(1) recodified as 46 U.S.C. § 60105(a)(1) and (b)(1), pursuant to P.L. 109-304 (October 6, 2006); see also 19 C.F.R. § 4.60. A "foreign port or place" has been defined by the courts as "a port or place exclusively within the sovereignty of a foreign nation.” See The Winnie; Gottlieb v. United States, 65 F. 2d 706, 707 (3rd Cir. 1933). CBP has previously held that vessels which travel to the territorial waters of a foreign country, including the Coronado Islands, and engage in fishing in those waters, have gone to a “foreign place” for the purpose of vessel entry and clearance laws and regulations. See HQ Ruling Letter 115169, dated October 26, 2000 and HQ Ruling Letter 116568, dated November 18, 2005. Consequently, the subject vessel must comply with the abovementioned requirements unless otherwise exempted.

Certain specified vessels are not required to make entry or obtain clearance pursuant to 19 U.S.C. § 1441 and 19 C.F.R. § 4.60. Under 19 U.S.C. § 1441(4) and 19 C.F.R. § 4.60(b)(1), any U.S. documented vessel with a recreational endorsement or any undocumented U.S. pleasure vessel is exempt from entry and clearance requirements “if: (A) the vessel complies with the reporting requirements of section 1433 of this title, and with the customs and navigation laws of the United States; (B) the vessel has not visited any hovering vessel (as defined in 19 U.S.C. § 1401(k)); and (C) the master of, and any other 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 [now CBP] immediately upon arrival.” Accordingly, the subject vessel is not required to make entry or obtain clearance since the vessel will not call any Mexican ports or visit any hovering vessels.

The term “hovering vessel” is defined in 19 U.S.C. § 1401(k) and could include both foreign and U.S. vessels. For purposes of this ruling we assume the subject pleasure vessel is not visiting any such vessel. Pursuant to 19 U.S.C. § 1433(a)(1)(A), however, the master of the vessel must immediately report the vessel’s arrival to the nearest CBP facility.

HOLDING

The subject vessel is exempt pursuant to 19 U.S.C. § 1441(4) from making entry under 19 U.S.C. § 1434(a)(1) and obtaining clearance under 46 U.S.C. § 60105(a)(1). The master of the vessel must, however, immediately report its arrival under 19 U.S.C. § 1433(a)(1)(A).

Sincerely,

Glen E. Vereb, Chief

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