Newly Released CBP HQ Rulings for April 12
The Customs Rulings Online Search System (CROSS) was updated April 12 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
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H324053: Fisheries; Coastwise Transportation; 46 U.S.C. § 55102
| Ruling: The use of the subject U.S.-built, U.S.-owned, coastwise-qualified vessel as a fish tender to transport fish and other seafood within the territorial waters of the State of Alaska from a catching vessel to the dock would not violate 46 U.S.C. § 55102. |
| Issue: whether the proposed use of a U.S.-built vessel to transport fish caught in state territorial waters to shore constitutes an engagement in coastwise trade for purposes of 46 U.S.C. § 55102 |
| Item: U.S.-built vessel |
| Reason: The proposed use of the vessel to transport seafood from the catching vessel in Alaska state waters to shore constitutes a use as a fish tender vessel, and coastwise transportation. The Anti-Reflagging Act defines “fisheries” to include processing, storing, transporting (except in foreign commerce), planting, cultivating, catching, taking, or harvesting fish, shellfish, marine animals, pearls, shells, or marine vegetation in the navigable waters of the United States or in the exclusive economic zone. There was no legislative intent to undermine or interfere with the continued application of the coastwise laws. The legislative history of the Anti-Reflagging Act expressly confirmed this intent, saying, “(f)urther, the Committee does not intend, by inclusion of fish tender operations within the definition of fisheries, to eliminate any requirements that are applicable under the coastwise laws to fish tender vessels engaged in the coastwise trade.” |
| Ruling Date: April 5, 2022 |