Jones Act

Published CBP guidance; operative status and applicability must be assessed from the retained publisher edition.

AN INFORMED COMPLIANCE PUBLICATION
DECEMBER 2024
What Every Member of the Trade Community Should Know About:
The Jones Act

The Jones Act
December 2024
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U.S. Customs and Border Protection
NOTICE:
This publication is intended to provide guidance and information to the trade community.
It reflects the position on or interpretation of the applicable laws or regulations by U.S.
Customs and Border Protection (CBP) as of the date of publication, which is shown on
the front cover. It does not in any way replace or supersede those laws or regulations.
Only the latest official version of the laws or regulations is authoritative. In addition, this
publication does not replace or supersede any CBP administrative ruling letters that
remain in force.
Publication History
First Published January 2009
Revised December 2024
PRINTING NOTE:
This publication was designed for electronic distribution via the CBP website
(https://www.cbp.gov) and is being distributed in a variety of formats. It was originally
created in Microsoft Word97
®
. Pagination and margins in downloaded versions may vary
depending upon the word processor or printer you use. If you wish to maintain the original
settings, you may wish to download the PDF version, which can then be printed using the
free Adobe Acrobat Reader
®
.

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PREFACE
On December 8, 1993, Title VI of the North American Free Trade Agreement
Implementation Act (Pub. L. 103-182, 107 Stat. 2057), also known as the Customs
Modernization or “Mod” Act, became effective. These provisions amended many sections
of the Tariff Act of 1930 and related laws.
Two new concepts that emerged from the Mod Act are “informed compliance” and
“shared responsibility,” which are premised on the idea that in order to maximize
voluntary compliance with laws and regulations of CBP, the trade community needs to be
clearly and completely informed of its legal obligations. Accordingly, the Mod Act imposes
a greater obligation for CBP to provide the public with improved information concerning
the trade community's rights and responsibilities under CBP regulations and related laws.
In addition, both the trade and CBP share responsibility for carrying out these
requirements. For example, under Section 484 of the Tariff Act, as amended (19 U.S.C.
§ 1484), the importer of record is responsible for using reasonable care to enter, classify
and determine the value of imported merchandise and to provide any other information
necessary to enable CBP to properly assess duties, collect accurate statistics, and
determine whether other applicable legal requirements, if any, have been met. CBP is
then responsible for fixing the final classification and value of the merchandise. An
importer of record’s failure to exercise reasonable care could delay release of the
merchandise and, in some cases, could result in the imposition of penalties or, in certain
instances, referral for criminal enforcement.
The Office of Trade, Regulations and Rulings (RR), has been given a major role in
meeting the informed compliance responsibilities of CBP. In order to provide information
to the public, CBP has issued a series of informed compliance publications, on new or
revised requirements, regulations or procedures, and a variety of classification and
valuation issues.
This publication, prepared by the Border Security and Trade Compliance Division,
Regulations and Rulings, is entitled “The Jones Act.” It provides guidance regarding the
procedures that control the coastwise transportation of merchandise between U.S.
coastwise points. It is part of a series of informed compliance publications advising the
public of CBP regulations and procedures. We sincerely hope that this material, together
with seminars and increased access to rulings of CBP, will help the trade community to
improve voluntary compliance with customs laws and to understand the relevant
administrative processes.
The material in this publication is provided for general information purposes only.
Because many complicated factors can be involved in customs issues, an importer may
wish to obtain a ruling under the CBP Regulations, 19 C.F.R. Part 177, or to obtain advice
from an expert who specializes in customs matters, for example, a licensed customs
broker, attorney, or a customs consultant.

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Comments and suggestions are welcomed and should be addressed to the Executive
Director, Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection,
90 K Street, NE, 10
th
Floor, Washington, D.C. 20229-1177.
Alice A. Kipel
Executive Director, Regulations and Rulings
Office of Trade

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PREFACE ....................................................................................................................... 2
INTRODUCTION............................................................................................................. 7
Purpose ....................................................................................................................... 7
Background ................................................................................................................. 7
The Coastwise Laws: Merchandise vs. Passengers.................................................... 7
APPLICABLE STATUTES............................................................................................... 8
46 U.S.C. § 55101(a) and (b) - Application of Coastwise Laws ................................... 8
46 U.S.C. § 55102 – Transportation of Merchandise................................................... 8
46 U.S.C. § 12103 - General Eligibility Requirements ................................................. 9
46 U.S.C. § 12112 - Coastwise Endorsement ............................................................. 9
43 U.S.C. § 1333(a) – Laws and Regulations Governing Lands (the OCSLA)............ 9
46 U.S.C. § 501 - Waiver of Navigation and Vessel-Inspection Laws ......................... 9
APPLICABLE REGULATIONS...................................................................................... 10
19 C.F.R. § 4.80 - Vessels Entitled to Engage in Coastwise Trade........................... 10
19 C.F.R. § 4.80b - Coastwise Transportation of Merchandise ................................. 10
19 C.F.R. § 4.93 - Empty Cargo Containers, Stevedoring Equipment....................... 11
19 C.F.R. Part 177 – CBP Administrative Rulings ..................................................... 11
33 C.F.R. § 2.22 - Territorial Sea............................................................................... 11
COASTWISE TRANSPORTATION OF MERCHANDISE ............................................. 11
Key Elements ............................................................................................................ 11
What is Transportation?............................................................................................. 12
Situations in Which No Transportation Occurs....................................................... 12
Where Does the Jones Act Apply? ............................................................................ 15
Points in the United States, Including its Island Territories and Possessions ........ 15
Points within the United States Three-Mile Territorial Sea ..................................... 15
Points within the United States Inland Waterways ................................................. 16
Points on the Outer Continental Shelf .................................................................... 16
When is a Vessel Qualified to Engage in Coastwise Transportation (i.e., coastwise-
qualified)? .................................................................................................................. 17
U.S. -Built ................................................................................................................ 17
O
wned by a U.S. Citizen ........................................................................................ 17
Documented by the U.S. Coast Guard with a Coastwise Endorsement................. 17
What is Merchandise? ............................................................................................... 18

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Merchandise Defined ............................................................................................. 18
Goods Not Considered Merchandise ..................................................................... 18
STATUTORY EXCEPTIONS ........................................................................................ 19
46 U.S.C. § 55105(b) - Transportation of Hazardous Waste ..................................... 20
46 U.S.C. § 55106 – Merchandise Transferred Between Barges .............................. 20
46 U.S.C. § 55107 – Empty Cargo Containers and Barges....................................... 20
46 U.S.C. § 55108 – Platform Jackets....................................................................... 20
46 U.S.C. § 55113 – Use of Foreign Documented Oil Spill Response Vessels......... 20
46 U.S.C. § 55116 – Canadian Rail Lines ................................................................. 20
46 U.S.C. § 55117 – Great Lakes Rail Route ............................................................ 21
46 U.S.C. § 55119 – Yukon River.............................................................................. 21
46 U.S.C. § 55121 – Transportation of Merchandise and Passengers on Canadian
Vessels ...................................................................................................................... 21
46 U.S.C. § 55122 – Floating Dry Docks ................................................................... 21
PENALTY FOR JONES ACT VIOLATIONS.................................................................. 21
Penalty....................................................................................................................... 21
Petition....................................................................................................................... 22
JONES ACT RULING REQUESTS............................................................................... 22
Who May Submit a Ruling Request........................................................................... 22
When to Submit a Ruling Request............................................................................. 22
Where to Submit a Ruling Request............................................................................ 22
What Information to Include in a Ruling Request....................................................... 23
Processing and Issuance of Ruling Letters................................................................ 23
Effect of Ruling Letters .............................................................................................. 23
Situations in Which No Ruling Will Be Issued............................................................ 24
WAIVERS OF THE NAVIGATION LAWS ..................................................................... 24
WEBSITE APPENDIX................................................................................................... 27
ADDITIONAL INFORMATION....................................................................................... 30
The Internet ............................................................................................................... 30
CBP Regulations ....................................................................................................... 30
Customs Bulletin........................................................................................................ 30
Importing Into the United States ................................................................................ 31
Informed Compliance Publications ............................................................................ 31
Value Publications ..................................................................................................... 31

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“Your Comments are Important” ................................................................................ 32

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INTRODUCTION
Purpose
U.S. Customs and Border Protection (CBP), previously the U.S. Customs Service, is
responsible for enforcing and administering laws and regulations which set forth
procedures to control and oversee vessels arriving in and departing from U.S. ports, and
the coastwise transportation of merchandise between U.S. ports.
The purpose of this Informed Compliance Publication (ICP) is to identify the laws and
regulations pertaining to the coastwise transportation of merchandise, such that the trade
community is informed of its legal obligations, and in order to maximize voluntary
compliance with laws and regulations enforced by CBP.
Background
Federal laws protecting U.S. shipping date back to the First Congress in 1789. American
shipping in the U.S. coastwise
1
trade has been protected from foreign competition, in
order to encourage the development of a U.S. merchant marine, for both national defense
and commercial purposes. As a result, all vessels engaged in U.S. coastwise trade have
been required to be U.S.-built and U.S.-owned.
The coastwise law governing the transportation of merchandise was established by
Section 27 of the Merchant Marine Act of 1920, sponsored by Senator Wesley L. Jones
(hence its name, the “Jones Act”), which revamped several U.S. shipping laws, including
those governing cabotage, shipping mortgages, and seamen’s personal injury claims.
That statute provided that “[N]o merchandise shall be transported by water, or by land
and water, on penalty of forfeiture thereof, between points in the United States, including
districts, territories, and possessions thereof embraced within the coastwise laws, either
directly or via a foreign port, or for any part of the transportation, in any other vessel than
a vessel built in and documented under the laws of the United States and owned by
persons who are citizens of the United States.”
The Coastwise Laws: Merchandise vs. Passengers
Generally, the coastwise laws prohibit the transportation of merchandise or passengers
between points in the United States embraced within the coastwise laws in any vessel
other than a vessel built in, documented under the laws of, and owned by citizens of the
United States. The coastwise law pertaining to the transportation of merchandise is
known as the Jones Act, codified at 46 U.S.C. § 55102. The coastwise law pertaining to
1
Customs (now CBP) has always enforced the coastwise laws, except for a 58-year period (1884-1942)
when the responsibility resided with the former Bureau of Navigation, which operated both under the
Department of the Treasury (between 1884 and 1903) and the Department of Commerce (between 1903
and 1942).

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the transportation of passengers is known as the Passenger Vessel Services Act (PVSA),
codified at 46 U.S.C. § 55103. This document will cover the key laws, regulations, and
concepts relating to the transportation of merchandise under the Jones Act. This
document is not applicable to the transportation of passengers under the PVSA. Please
refer to the Passenger Vessel Services Act Informed Compliance Publication for
information about the PVSA.
Specifically, in this publication, CBP will summarize:
• U.S. Statutes and Regulations Enforced by CBP Pertaining to the Jones Act
• Key Elements of the Jones Act
• Statutory Exceptions to the Jones Act
• The Penalty for Violations of the Jones Act
• Jones Act Ruling Requests
• Waivers of the Navigation Laws
NOTE: CBP interpretive rulings are cited throughout this publication. You may access
the rulings by clicking on the web link associated with the ruling number. Alternatively,
you may visit the Customs Rulings Online Search System (CROSS) web link and enter
the ruling number in the search bar.
APPLICABLE STATUTES
46 U.S.C. § 55101(a) and (b) - Application of Coastwise Laws
The coastwise laws apply to the United States, including U.S. island territories and
possessions. The coastwise laws do not apply to American Samoa, the Northern Mariana
Islands, and the U.S. Virgin Islands.
46 U.S.C. § 55102 – Transportation of Merchandise
2
The Jones Act provides that the transportation of merchandise between U.S. points is
reserved for U.S.-built, U.S.-owned, and U.S.-documented vessels with coastwise
endorsements. Pursuant to section 55102, “a vessel may not provide any part of the
transportation of merchandise by water, or by land and water, between points in the
United States to which the coastwise laws apply, either directly or via a foreign port,
unless the vessel— (1) is wholly owned by citizens of the United States for purposes of
engaging in the coastwise trade; and (2) has been issued a certificate of documentation
with a coastwise endorsement under chapter 121 of Title 46 or is exempt from
documentation but would otherwise be eligible for such a certificate and endorsement.”
3
2
The Jones Act, 46 U.S.C. § 55102, is not the only statute pertinent to the coastwise transportation of
merchandise; other statutes may be applicable depending on the facts. See e.g. 46 U.S.C. §§ 55105,
55106, 55110, and 55116.
3
Formerly codified at 46 U.S.C. App. § 883. Recodified by Public Law 109-304, 120 Stat. 1632 (Oct. 6,
2006).

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46 U.S.C. § 12103 - General Eligibility Requirements
A certificate of documentation may be issued only to a vessel that is wholly owned by a
U.S. citizen, the U.S. government, a state government, and/or an eligible entity,
partnership, or corporation; is at least five net tons; and is not documented under the laws
of a foreign country.
46 U.S.C. § 12112 - Coastwise Endorsement
A coastwise endorsement may be issued for a vessel that meets the criteria set forth in
46 U.S.C. § 12103, was built in the United States (or if not built in the United States, was
captured in war by U.S. citizens and lawfully condemned as prize, was forfeited for a
breach of U.S. laws, or qualifies as a wrecked vessel), and otherwise qualifies to engage
in the coastwise trade. A vessel issued a coastwise endorsement may engage in the
coastwise trade.
43 U.S.C. § 1333(a) – Laws and Regulations Governing Lands (the OCSLA)
4
The Constitution and laws and civil and political jurisdiction of the United States extend
to the subsoil and seabed of the Outer Continental Shelf, all artificial islands, installations,
and other devices attached to the seabed “for the purpose of exploring for, developing,
or producing resources, including non-mineral energy resources,” and any installation or
device (other than a ship or vessel) used for the transportation or transmission of those
resources.
5
46 U.S.C. § 501 - Waiver of Navigation and Vessel-Inspection Laws
Under 46 U.S.C. § 501(a), the Secretary of Defense may request that the Secretary of
the Department of Homeland Security (DHS) waive the navigation laws to the extent the
Secretary of Defense considers such a waiver necessary in the interest of national
defense to address an immediate adverse effect on military operations.
For all other waiver requests, under 46 U.S.C. § 501(b), the Secretary of DHS is
authorized to grant the waiver request upon a determination by the President that a waiver
of the navigation or vessel-inspection laws is necessary in the interest of national defense
and if the Maritime Administrator determines there is no coastwise-qualified vessel
capacity to conduct the transportation to meet national defense requirements. Waiver
requests must be published in full on the CBP website upon receipt, and a waiver may
not be granted until 48 hours following publication on CBP’s website. Requests for
4
The Outer Continental Shelf Lands Act (OCSLA) of Aug. 7, 1953, ch 345, 67 Stat. 462, amended at
Pub. L. 95-372 (1978), appears generally as 43 USCS §§ 1331– 1356.
5
See 43 U.S.C. § 1333(a)(1), as amended by The William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021, H.R. 6395, 116th Cong. § 9503 (2021).

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waivers of the Jones Act are reviewed on a case-by-case, vessel-by-vessel, voyage-by-
voyage basis; blanket waivers for specific events or locations are not available. A waiver
issued under 46 U.S.C. § 501(b) may be for a period of not more than 10 days, with
additional periods of not more than 10 days, subject to a determination of vessel
availability by the Maritime Administrator. The aggregate duration of the period of all
waivers and extensions of waivers with respect to any one set of events shall not exceed
45 days. Waivers may not be granted for vessels already laden with the merchandise
that would be delivered to the location at issue.
6
APPLICABLE REGULATIONS
19 C.F.R. § 4.80 - Vessels Entitled to Engage in Coastwise Trade
A vessel may not transport merchandise either directly or via a foreign port between
coastwise points, including points within a harbor, unless the vessel has been issued a
coastwise endorsement of its certificate of documentation by the U.S. Coast Guard or is
exempt from documentation but otherwise eligible for a coastwise endorsement (also
known as a “coastwise-qualified vessel”). The penalty imposed for the illegal
transportation of merchandise between coastwise points is forfeiture of the merchandise
or forfeiture of a monetary amount up to the value of the merchandise. A vessel qualified
to engage in the coastwise trade will lose that right if it is “sold foreign”
7
or is placed under
foreign registry (unless the vessel is 200 gross tons or less) or if it is rebuilt (unless the
entire rebuilding was done in the United States).
19 C.F.R. § 4.80b - Coastwise Transportation of Merchandise
A coastwise transportation of merchandise takes place, within the meaning of the
coastwise laws, when merchandise laden at a point embraced within the coastwise laws
is unladen at another coastwise point, regardless of the origin or ultimate destination of
the merchandise. Merchandise is not transported coastwise, however, if at an
intermediate port or place other than a coastwise point (that is at a foreign port or place,
or at a port or place in a territory or possession of the United States not subject to the
coastwise laws), it is manufactured or processed into a new and different product, and
the new and different product thereafter is transported to a coastwise point. The
determination whether something becomes a new and different product is fact intensive.
Various CBP determinations about new and different products in the Jones Act context
can be found on CROSS, and parties are encouraged to seek a ruling letter from CBP
concerning their specific facts and circumstances.
6
See The James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, Pub. L. 117–263,
div . C, titl e XXXV , § 3541, Dec . 23, 2022, 136 Stat . 30 93.
7
See 19 C.F.R. § 4.80(e)(1) (“No vessel which has acquired the lawful right to engage in the coastwise
trade...will have the right to engage in such trade if it: (1) Thereafter has been sold foreign [i.e., sold to a
foreign citizen or entity] in whole or in part or placed under a foreign registry....”).
__________________________________

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19 C.F.R. § 4.93 - Empty Cargo Containers, Stevedoring Equipment
U.S. vessels prohibited from engaging in coastwise trade as well as foreign-flag vessels
of nations that grant reciprocal privileges to vessels of the United States may transport
certain articles between coastwise points. These articles include empty cargo vans,
empty lift vans, and empty shipping tanks and the equipment for use with said empty
cargo vans, lift vans and shipping tanks; empty barges specifically designed to be carried
aboard a vessel and equipment (excluding propulsion equipment) for use with such
barges; and empty instruments of international traffic (IIT) if such articles are owned or
leased by the owner or operator of the transporting vessel and are transported for the
owner/operator’s use in handling the cargo in foreign trade. Similarly, stevedoring
equipment and material are also exempt, if they are owned or leased by the owner or
operator of the transporting vessel or owned or leased by the stevedoring company
contracting for the lading or unlading of that vessel, and are transported without charge
for use in the handling of cargo in foreign trade. The list of nations that extend reciprocal
privileges to U.S. vessels is set forth at 19 C.F.R. § 4.93(b).
19 C.F.R. Part 177 – CBP Administrative Rulings
CBP issues prospective ruling letters regarding the Jones Act pursuant to 19 C.F.R. Part
177.
33 C.F.R. § 2.22 - Territorial Sea
For purposes of the Jones Act, the territorial sea of the United States means the waters,
three nautical miles wide, adjacent to the U.S. coast and seaward of the territorial sea
baseline.
COASTWISE TRANSPORTATION OF MERCHANDISE
As outlined above, the Jones Act (46 U.S.C. § 55102) provides that the transportation of
merchandise between U.S. coastwise points, either directly or via a foreign port, is
reserved for U.S.-built, owned, and documented vessels. Consequently, foreign-flag
vessels are prohibited from engaging in any part of the coastwise trade—transporting
merchandise between U.S. coastwise points. In addition, the same prohibitions apply to
U.S.-flag vessels that do not have a coastwise endorsement on their documentation.
Key Elements
There are three key elements in determining whether a particular scenario constitutes
coastwise transportation within the meaning of the Jones Act: (1) whether the
transportation is between coastwise points, (2) whether the transportation is provided by
a coastwise-qualified vessel, and (3) whether the material transported constitutes
“merchandise” within the meaning of the Jones Act. This section discusses each of these

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considerations in turn by examining the definition of “transportation,” the geographic
locations at which the Jones Act applies, the requirements for a vessel to be considered
“coastwise-qualified,” and the characteristics of what constitutes “merchandise.”
What is Transportation?
The concept of “transportation” is fundamental to the application of the Jones Act and the
coastwise laws. As outlined in 19 C.F.R. § 4.80b, a coastwise transportation of
merchandise occurs when merchandise is laden at a point embraced within the coastwise
laws (i.e ., a “coastwise point”) and unladen at another coastwise point, regardless of the
origin or ultimate destination of the merchandise.
NOTE: As provided in 46 U.S.C. § 55102, a non-coastwise-qualified vessel may not
transport merchandise between coastwise points, either directly or via a foreign port.
EXAMPLE: Merchandise is laden onto a non-coastwise-qualified vessel in Maine
and transported to St. John, Canada, where the merchandise is unladen and
placed onto coastwise-qualified vessels for transportation to various ports on the
East Coast of the United States. This scenario would violate the Jones Act
because the non-coastwise-qualified vessel transported merchandise between
coastwise points, albeit via a foreign port.
8
NOTE: 46 U.S.C. § 55102 also provides that a non-coastwise-qualified vessel may not
conduct “any part” of the transportation of merchandise between coastwise points.
EXAMPLE: A tugboat that is being built in a shipyard in Panama City, Florida, is
laden on board a non-coastwise-qualified barge and transported into international
waters where the barge submerges and the tug is launched into the water; a
coastwise-qualified vessel then tows the tugboat back to the Port of Panama City,
Florida. This scenario would violate the Jones Act because the non-coastwise-
qualified barge took part in the transportation of merchandise (the tugboat)
between two coastwise points.
9
Situations in Which No Transportation Occurs
New and Different Products
As specified in 19 C.F.R. § 4.80b(a), merchandise is not transported coastwise if at an
intermediate port or place (that is at a foreign port or place, or at a port or place in a U.S.
territory or possession not subject to the coastwise laws), it is manufactured into a new
8
See HQ 111767 (Oct. 25, 1991).
9
See HQ H273946 (Apr. 13, 2016).

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and different product, and the new and different product is thereafter transported to a
coastwise point.
10
EXAMPLE: A non-coastwise-qualified vessel moves a shipment of cattle from
Hawaii to Vancouver, British Columbia, Canada, where the cattle are slaughtered,
dressed, packed, and then shipped onboard another non-coastwise-qualified
vessel to Washington State. The cattle are manufactured to a new and different
product; therefore, no “transportation” of merchandise between coastwise points
occurs.
11
EXAMPLE: A non-coastwise-qualified vessel moves a shipment of iron ore pellets
from Duluth, Minnesota, to Nanticoke, Ontario, Canada, where the pellets are
sorted to separate large pellets from small pellets. The large pellets are fed into a
blast furnace and the small pellets are then shipped onboard another non-
coastwise-qualified vessel to Gary, Indiana. Merely sorting pellets by size does
not constitute manufacture into a new and different product; this scenario therefore
constitutes “transportation” of merchandise between coastwise points under the
Jones Act.
12
Continuity of Transportation
Merchandise is transported if it is laden at one coastwise point and unladen at another
coastwise point, regardless of the origin or ultimate destination of the merchandise.
13
However, when merchandise is transported in a non-coastwise-qualified vessel from one
coastwise point to a foreign port and subsequently returned to the United States “without
existing intent on the part of those responsible for the transportation that [the
merchandise] shall be transshipped to an American port...[w]hether the subsequent
transportation of such [merchandise] to an American port is a violation of [section 55102]
must be determined by the existing facts in each case.”
14
EXAMPLE: Grain sold to buyers in Japan is transported on board a non-
coastwise-qualified vessel from a U.S. port to Kagoshima, Japan, where it is
denied entry by the Japanese government and returned to a U.S. port by a different
non-coastwise-qualified vessel. The seller subsequently provides evidence
establishing that it had intended to enter the merchandise into the commerce of
Japan and that the Japanese government denied entry of the merchandise. As
10
19 C.F.R. § 4.80b(b) further specifies that interested parties may request an advisory ruling from CBP
as to whether a specific action taken or to be taken with respect to merchandise at an intermediate
foreign port or place will result in the creation of a new and different product. Such a request shall be filed
in accordance with 19 C.F.R. § 177, as discussed below.
11
HQ 112038 (Mar 3, 1992).
12
HQ H261457 (May 7, 2015).
13
19 C.F.R. § 4.80b(a).
14
HQ H117395 (Aug. 9, 2010) (citing HQ 100381 (Feb. 23, 1973)).

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such, the continuity of transportation is broken and no violation of the Jones Act
occurs.
15
Lifting Operations
CBP has also interpreted the Jones Act and the underlying regulations such that certain
lifting operations do not constitute transportation under the Jones Act. CBP has long held
that the use of a non-coastwise-qualified crane vessel to load and unload cargo or to
construct/dismantle a marine vessel is not coastwise transportation and does not violate
the Jones Act provided that any movement of merchandise is effected exclusively by the
crane and not by any movement of the vessel, except for necessary movement that is
incidental to a lifting operation.
EXAMPLE: No Jones Act violation occurs when a non-coastwise-qualified crane
barge lifts stones at one coastwise point, swivels its crane, and deposits the stones
at another coastwise point. Although the barge remains anchored during the
operation, it is jostled by wave action and the movement of its crane arm.
16
Such
“movement” does not constitute transportation.
EXAMPLE: No Jones Act violation occurs when a non-coastwise-qualified lifting
vessel lifts merchandise from one coastwise point, pivots 90 degrees on its axis
while the merchandise is suspended, and lowers the merchandise into place at
another coastwise point.
17
CBP has also clarified that certain lateral movements that are incidental to an offshore
lifting operation do not constitute transportation pursuant to the Jones Act. The term
“offshore lifting operations” includes the lifting by cranes, winches, lifting beams, or other
similar activities or operations, from the time that the lifting activity begins when unlading
from a vessel or removing offshore facilities or subsea infrastructure until the time that the
lifting activities can be safely terminated. Such lifting operations may include any of the
following:
(1) the initial vertical movement of an item from a lower position to a higher
position, and any additional vertical or lateral movement effected by a vessel’s
lifting equipment or by the vessel itself that is necessary to safely place into
position or to remove an item from the vicinity of an existing structure, facility
or installation. This includes incidental movement of the vessel occurring while
lifted items are temporarily placed on the deck of the lifting vessel as needed
for the safety of the item, surface and subsea infrastructure, and the vessels
and mariners involved;
15
HQ 116518 (Aug. 9, 2005).
16
HQ 115212 (Nov. 16, 2000).
17
HQ H242466 (July 3, 2013).

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(2) any lateral movement of the vessel or the item in the vicinity of the structure or
facility where the item is being positioned or removed that is merely subordinate
to and a direct consequence of the lifting operation; or
(3) any lateral movement in the lift operations area that is necessary for safety and
practical concerns, including the physical demands of the lifting operations, the
mitigation of risk to human life and health, and the avoidance of damage to the
nearby surface and subsea infrastructure.
18
Where Does the Jones Act Apply?
Points in the United States, Including its Island Territories and Possessions
The Jones Act prohibits the transportation of merchandise between points in the United
States (including the island territories and possessions of the United States), even points
within a harbor, either directly or via a foreign port, or for any part of the transportation, in
any vessel other than one that is coastwise qualified.
19
EXAMPLE: A Jones Act violation occurs when merchandise is laden onboard a
non-coastwise-qualified vessel in Sacramento and is transported to Seattle, where
the merchandise is unladen.
EXAMPLE: A Jones Act violation occurs when merchandise is laden onboard a
non-coastwise-qualified vessel in Baltimore harbor and is transported to another
berth in that same harbor, where the merchandise is unladen.
EXCEPTION: The Jones Act does not apply to American Samoa, the Commonwealth of
the Northern Mariana Islands (CNMI), or the U.S. Virgin Islands.
20
Although CNMI is
excluded from the Jones Act, this exclusion does not extend to the activities of the U.S.
government and its contractors or to the transportation of U.S. government cargo.
21
Points within the United States Three-Mile Territorial Sea
The Jones Act applies to the territorial sea, defined as the waters, three nautical miles
wide, adjacent to the U.S. coast and seaward of the territorial sea baseline.
22
As such,
the transportation of merchandise entirely between points within territorial waters is
considered coastwise trade subject to the coastwise laws.
18
See “Modification and Revocation of Ruling Letters Relating to CBP’s Application of the Jones Act to
the Transportation of Certain Merchandise and Equipment Between Coastwise Points,” Customs Bulletin,
Vol. 53, No. 45 (Dec. 11, 2019).
19
46 U.S.C. § 55101(a); 19 C.F.R. § 4.80(a).
20
46 U.S.C. § 55101(b).
21
See Section 502(b) of the Covenant To Establish a Commonwealth of the Northern Mariana Islands in
Political Union With the United States of America, as implemented by 48 U.S.C. § 1801; and see HQ
112917 (Oct. 19, 1993).
22
33 C.F.R. § 2.22(a)(2).

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EXAMPLE: A Jones Act violation would occur when merchandise is laden onboard
a non-coastwise-qualified vessel located within U.S. territorial waters (anchored or
unanchored) and is then transported to a U.S. port where it is unladen.
Points within the United States Inland Waterways
The Jones Act applies to points located in internal waters, landward of the territorial sea
baseline, including navigable waters.
23
Points on the Outer Continental Shelf
The Jones Act also applies to points on the Outer Continental Shelf (OCS) under the
Outer Continental Shelf Lands Act (OCSLA),
24
which extends the laws of the United
States to:
• the subsoil and seabed of the outer Continental Shelf;
• all artificial islands on the outer Continental Shelf;
• installations and other devices permanently or temporarily attached to the
seabed, which may be erected thereon for the purpose of exploring for,
developing, or producing resources, including non-mineral energy resources;
or
• any such installation or other device (other than a ship or vessel) for the
purpose of transporting or transmitting such resources.
EXAMPLE: CBP interprets the OCSLA to extend the Jones Act to artificial islands
and similar structures, as well as to mobile oil drilling rigs, drilling platforms, and
other devices attached to the seabed of the OCS for the purpose of resource
extraction and/or exploration operations. Such objects located on the OCS are
considered points or places in the United States for purposes of the Jones Act.
Similarly, floating warehouse vessels, when anchored on the OCS to supply drilling
rigs on the OCS, are also coastwise points.
25
In the context of offshore wind energy, the same rationale applies. The OCSLA, as
amended in 2021, extends U.S. jurisdiction to devices attached to the seabed of the OCS
for the purpose of producing non-mineral energy such as wind energy.
26
Accordingly,
CBP has determined that a non-coastwise qualified jack-up vessel would become a
coastwise point when attached to the seabed of the OCS for the purpose of installing or
constructing a structure to be used for the production of wind energy; the wind turbine
generators themselves would also be considered to be coastwise points once attached
23
HQ 111275 (Nov. 13, 1990).
24
43 U.S.C. § 1333(a)(1).
25
HQ 112387 (July 23, 1992).
26
The language of the OCSLA extends U.S. law to “installations and other devices permanently or
temporarily attached to the seabed, which may be erected thereon for the purpose of exploring for,
developing, or producing resources, including non-mineral energy resources.”

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to the seabed.
27
Furthermore, an installation or structure need not be completed to be
embraced by the OCSLA’s jurisdictional reach.
28
When is a Vessel Qualified to Engage in Coastwise Transportation (i.e., coastwise-
qualified)?
Although CBP determines whether the transportation activities are considered coastwise
trade, whether the vessel itself is qualified to engage in coastwise trade is determined by
the United States Coast Guard, National Vessel Documentation Center (NVDC). The
NVDC determines vessel eligibility for coastwise endorsements and issues certificates of
documentation.
29
This section discusses the general requirements that a vessel must
meet in order to be considered “coastwise-qualified.” If a vessel is coastwise-qualified, it
may engage in the coastwise trade, including transporting merchandise between
coastwise points. In general, a coastwise-qualified vessel must be U.S.-built, owned, and
documented with a coastwise endorsement.
U.S.-B uilt
The vessel must be built in the United States.
30
NOTE: A coastwise-qualified vessel will lose its eligibility to engage in the coastwise trade
if it is sold foreign or placed under foreign registry (unless the vessel is 200 gross tons or
less) or if it is rebuilt (unless the entire rebuilding is effected in the United States).
31
Rebuild determinations are made by the United States Coast Guard.
Owned by a U.S. Citizen
The vessel must be owned by a U.S. citizen, an entity (e.g., partnership, corporation)
owned and controlled by U.S. citizens and incorporated in the United States, or a federal
or state government entity.
32
Documented by the U.S. Coast Guard with a Coastwise Endorsement
In order to be issued a certificate of documentation, the vessel must be:
(1) Owned by a U.S. citizen or another eligible owner listed in 46 U.S.C. §
12103(b);
(2) At least five net tons; and
27
HQ H316313 (Feb. 4, 2021).
28
HQ H325118 (Aug. 21, 2023).
29
Questions regarding the eligibility of a vessel for documentation should be addressed to NVDC at the
NVDC website.
30
46 U.S.C. § 12112.
31
46 U.S.C. § 12132; see also 19 C.F.R. § 4.80(e).
32
46 U.S.C. § 12103(b).

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(3) Not documented under the laws of a foreign country.
33
In addition, a coastwise-qualified vessel must have a coastwise endorsement on its
certificate of documentation.
34
EXCEPTIONS:
Vessels of less than five net tons will not be documented by the U.S. Coast Guard.
35
For
those vessels to engage in coastwise transportation, they must, except for their tonnage,
otherwise be entitled to be documented with a coastwise endorsement.
36
In addition, a certificate of documentation and appropriate endorsement may be issued
for a vessel that— (1) is owned by a Bowaters corporation; (2) was built in the United
States; and (3) is self-propelled and less than 500 gross tons or is not self-propelled. The
term “Bowaters corporation” relates to certain U.S. corporations primarily engaged in the
manufacturing or mineral industries.
37
NOTE: The U.S. Coast Guard’s NVDC determines documentation and endorsement
eligibility. Please contact the NVDC at the NVDC website.
What is Merchandise?
Vessels that are coastwise-qualified may transport “merchandise” between coastwise
points without violating the Jones Act. Non-coastwise-qualified vessels, however, are not
permitted to transport “merchandise” between coastwise points.
Merchandise Defined
The text of the Jones Act, 46 U.S.C. § 55102, defines the term “merchandise” to include—
(1) merchandise owned by the United States government, a State, or a subdivision of a
State; and (2) valueless material. 19 U.S.C. § 1401(c) further defines “merchandise” to
mean goods, wares, and chattels of every description, and includes merchandise the
importation of which is prohibited, and monetary instruments as defined in 31 U.S.C. §
5312.
Goods Not Considered Merchandise
Sea Stores and Vessel Equipment
33
46 U.S.C. § 12103.
34
46 U.S.C. § 12112.
35
46 U.S.C. § 12103.
36
19 C.F.R. § 4.80(a)(2).
37
46 U.S.C. § 12118.

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Customs law recognizes that certain limited categories of items do not constitute
“merchandise” under the Jones Act. Sea stores (i. e., supplies for the consumption,
sustenance, and medical needs of the crew and passengers during the voyage) are not
considered merchandise,
38
nor are the baggage or personal effects of crew or
passengers.
39
Similarly, CBP has held that “vessel equipment” or “equipment of the vessel” is not
included within the general meaning of merchandise for purposes of the Jones Act.
40
“Vessel equipment” has been defined as portable articles, “necessary and appropriate for
the navigation, operation or maintenance of the vessel and for the comfort and safety of
the persons on board.”
41
CBP clarified the term “vessel equipment” in 2019, indicating
that vessel equipment includes “all articles or physical resources serving to equip the
vessel, including the implements used in the vessel’s operation or activity.”
42
CBP
elaborated that items considered “necessary and appropriate for the operation of the
vessel” are those items that are “integral to the function of the vessel and are carried by
the vessel.”
43
The determination of whether an item constitutes “vessel equipment” is highly
particularized and fact-specific. Items considered “necessary and appropriate for the
operation of the vessel” are those items that are integral to the function of the vessel and
are carried by the vessel. These items may include, for example, those items that aid in
the installation, inspection, repair, maintenance, surveying, positioning, modification,
construction, decommissioning, drilling, completion, workover, abandonment or other
similar activities or operations of wells, seafloor or subsea infrastructure, flow lines,
surface production facilities, devices used to transport Wind Turbine Generator (WTG)
components, tools used to physically install and commission units, and spare parts. CBP
also emphasizes the fact that an item is returned to and departs with the vessel after an
operation is completed, and is not left behind on the seabed, is a factor that weighs in
favor of an item being classified as vessel equipment but is not a sole determinative
factor.
44
STATUTORY EXCEPTIONS
Several narrow exceptions to the Jones Act exist within Title 46 of the U.S. Code. These
include the following:
38
See Treasury Decision (T.D.) 40934 (1925).
39
See, e.g., HQ 114598 (Feb. 5, 1999); HQ H072316 (Sep. 16, 2009).
40
See, e.g., HQ H330764 (Apr. 12, 2023); HQ H058647 (May 18, 2009).
41
Treasury Decision 49815(4) (Mar. 13, 1939).
42
See “Modification and Revocation of Ruling Letters Relating to CBP’s Application of the Jones Act to
the Transportation of Certain Merchandise and Equipment Between Coastwise Points,” Customs Bulletin,
Vol. 53, No. 45 (Dec. 11, 2019).
43
Id. , at 88.
44
Id.

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46 U.S.C. § 55105(b) - Transportation of Hazardous Waste
Although the transportation of hazardous waste is deemed to be transportation of
merchandise pursuant to the Jones Act, this section provides narrow circumstances in
which non-coastwise-qualified vessels may transport hazardous waste between
coastwise points.
46 U.S.C. § 55106 – Merchandise Transferred Between Barges
Under specified circumstances, merchandise may be transferred between non-
coastwise-qualified barges owned or leased by the same owner if reciprocal treatment is
extended to U.S. vessels by the vessels’ nation of registry.
46 U.S.C. § 55107 – Empty Cargo Containers and Barges
In general, the Jones Act does not apply to the transportation of empty cargo vans, empty
lift vans, or empty shipping tanks; equipment for use with cargo vans, lift vans, or shipping
tanks; empty barges specifically designed for carriage aboard a vessel and equipment
(except propulsion equipment) for use with those barges; empty IIT; stevedoring
equipment and material, if the government of the nation of the vessel’s registry extends
reciprocal privileges to vessels of the United States.
46 U.S.C. § 55108 – Platform Jackets
Provided that necessary facts exist and determinations by the Secretary of Transportation
are made, the Jones Act does not apply to the transportation of certain “platform jackets”
in or on a non-coastwise-qualified launch barge between two coastwise points, at one of
which there is an installation or other device within the meaning of the OCSLA.
46 U.S.C. § 55113 – Use of Foreign Documented Oil Spill Response Vessels
An oil spill response vessel documented under the laws of a foreign country may operate
in waters of the United States on an emergency basis, for the purpose of recovering,
transporting, and unloading in a U.S. port oil discharged as a result of an oil spill in or
near those waters, if an adequate number and type of U.S. coastwise-qualified oil spill
response vessels are unavailable (as determined by the Federal On-Scene Coordinator)
and the foreign country extends reciprocal privileges to U.S. vessels.
46 U.S.C. § 55116 – Canadian Rail Lines
The Jones Act does not apply to the transportation of merchandise between points in the
continental United States, including Alaska, over through routes in part over Canadian

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rail lines and connecting water facilities if the routes are recognized by the Surface
Transportation Board and rate tariffs for the routes have been filed with the board.
46 U.S.C. § 55117 – Great Lakes Rail Route
Under certain circumstances, the Jones Act does not apply to the transportation of
merchandise loaded on a railroad car or certain motor vehicles when the railroad car or
vehicle is transported in a railroad car ferry operating between fixed terminals on the Great
Lakes as part of a rail route.
46 U.S.C. § 55119 – Yukon River
The Jones Act does not apply to the transportation of merchandise on the Yukon River
until the Alaska Railroad is completed and the Secretary of Transportation determines
that facilities are available for transportation by U.S. citizens to properly handle the traffic.
46 U.S.C. § 55121 – Transportation of Merchandise and Passengers on Canadian
Vessels
Until the Secretary of Transportation determines that suitable U.S. vessels are available,
the Jones Act does not restrict the transportation on Canadian vessels of merchandise
between Hyder, Alaska, and other points in southeastern Alaska or in the United States
outside of Alaska.
46 U.S.C. § 55122 – Floating Dry Docks
The Jones Act does not apply to the movement of a floating dry dock if the dry dock is
being used to launch or raise a vessel in connection with the construction, maintenance
and repair of that vessel, and the dry dock is owned and operated by an “eligible owner”
defined under 46 U.S.C. § 12103(b) (i.e ., certain U.S. persons or corporate entities) or an
affiliate thereof, and was owned or contracted for purchase by such shipyard or affiliate
prior to 2015.
PENALTY FOR JONES ACT VIOLATIONS
CBP may issue a penalty under the Jones Act against any person transporting the
merchandise or causing the merchandise to be transported in violation of the Jones Act.
Such parties may submit a petition for relief from these penalties at the port where the
penalty was issued. An appropriate CBP official can cancel or mitigate the penalty.
Penalty
• A monetary amount equal to the value of the merchandise or the actual cost of
the transportation, whichever is greater.

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• Issued to any person transporting the merchandise or causing the merchandise
to be transported.
Petition
• Only the party against whom a penalty was issued, or its legal
representative/agent, may petition for relief from a penalty issued for a Jones
Act violation.
• Filed at the CBP port from which the penalty was issued.
• Filed aft er the penalty has been issued.
• May request that the penalty be canceled or that the monetary amount of the
penalty be mitigated to a lower amount.
o CBP may remit without payment any Jones Act penalty if there is
satisfactory evidence that the violation occurred as a direct result of an
arrival of the transporting vessel in distress.
o Mitigation Requests: CBP has the sole authority to mitigate penalties
at its discretion. Please review the Informed Compliance Publication
on Mitigation Guidelines for additional information.
NOTE: MITIGATION IS NOT A WAIVER OF THE JONES ACT.
JONES ACT RULING REQUESTS
Jones Act ruling letters are binding guidance from CBP as to whether the transportation
of material by a non-coastwise-qualified vessel would result in a violation of 46 U.S.C. §
55102. The requester or other entities with identical circumstances may rely on the ruling
and the ruling will govern how CBP will treat the specific transaction outlined in the ruling
letter. Jones Act ruling letters are not mandatory.
Who May Submit a Ruling Request
Jones Act rulings are binding only on the parties to the subject transaction and on CBP.
CBP will accept Jones Act ruling requests from vessel owners and operators, the person
or entity causing the merchandise to be carried (e.g., the purchaser of the subject
merchandise), the owner of the subject merchandise, or agents of such parties (e.g.,
vessel agents, legal representatives, customs brokers).
When to Submit a Ruling Request
Requests must be submitted prior to the date of the proposed transportation.
Where to Submit a Ruling Request

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Requests for Jones Act rulings may be submitted to the following address:
Chief, Cargo Security, Carriers and Restricted Merchandise Branch
Regulations and Rulings
Office of Trade
90 K Street, NE, 10th Floor
Washington, DC 20229-1177
Ruling requests may also be submitted via email to the Branch Chief, Cargo Security,
Carriers, and Restricted Merchandise Branch, Regulations and Rulings at
HQRULINGS@cbp.dhs.gov.
What Information to Include in a Ruling Request
• Vessel name, place of build, and nationality of registration
• Requester name, position, and company
• Requester telephone and email address
• A detailed description of the material to be transported
• Location at which the subject material will be laden on board the vessel
• Location at which the subject material will be unladen
• Dates of lading and unlading
• A detailed description of the proposed voyage, including every port or point on
the itinerary
45
Processing and Issuance of Ruling Letters
All ruling requests, including requests involving the Jones Act, will be processed in the
order they are received, regardless of the lading or transportation date. In order to receive
a ruling response prior to the proposed transportation of laden merchandise, it is
recommended that ruling requests be submitted far in advance of the voyage to allow
time for processing. Ruling requests are not processed on weekends or when the federal
government is closed. Requests that do not provide the required information will
experience delays in processing. All ruling letters will be issued to the requester by
electronic mail and will be published weekly on the Customs Rulings Online Search
System.
Effect of Ruling Letters
• Rulings do not relieve the requestor of its obligation to comply with the Jones
Act and are not “waivers.”
45
Before submitting a request for a ruling, individuals are encouraged to review 19 C.F.R. Part 177 as
well as the CBP Rulings Program Informed Compliance Publication: What Every Member of the Trade
Community Should Know About: U.S. Customs & Border Protection Rulings Program, available at
https://www.cbp.gov/document/publications/us-customs-and-border-protection-rulings-program.

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• Rulings remain in effect until the law changes or until CBP modifies or revokes
the ruling.
• Rulings may be relied upon by different entities other than the requester only
so long as the facts and circumstances of the issue being decided are identical.
EXAMPLE: Company X proposes to transport plastic pellets onboard the
M/V FLYING DUTCHMAN from New York to Baltimore, with an intervening
stop in Ireland where the pellets will be melted and pressed into widgets.
Company X hopes that the processing in Ireland will create a “new and
different product.” Company X does a search on the Customs Rulings
Online Search System and finds a ruling involving another vessel in which
the owners of the M/V DAVEY JONES proposed processing plastic pellets
into widgets at an intervening foreign port. Company X may rely on this
ruling because even though the vessel names are different, the facts
relating to the processing of plastic pellets at an intermediate port or place
are identical.
Situations in Which No Ruling Will Be Issued
• The request is no longer prospective. The request was submitted after the
merchandise has been laden and the subject transportation began.
• The request submitted is incomplete and the additional information requested
by CBP was submitted after the voyage begins or with insufficient time to allow
processing prior to the voyage’s start date.
• The request is a duplicate of a request submitted by another interested party
to the voyage/transaction. For example, the vessel operator submits a request
for a particular voyage and the vessel agent at the port of embarkation submits
a request for the same voyage.
• The person/entity has not established that it has the authority to request a ruling
on behalf of the vessel owner/operator.
• The vessel owner/operator has already received a penalty notice for violating
the Jones Act (see Penalty section above) involving the transaction at issue.
To determine whether CBP has previously ruled on a particular Jones Act issue, please
visit the Customs Rulings Online Search System.
WAIVERS OF THE NAVIGATION LAWS
Under 46 U.S.C. § 501(b), the Secretary of DHS is authorized to waive the navigation
laws, including the Jones Act, if the President considers it necessary in the interest of
national defense and if the Maritime Administrator determines there is no coastwise-
qualified vessel capacity to meet the national defense requirements as determined by the

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Secretary of DHS.
46
Such a grant of a waiver of the navigation laws is discretionary.
Requests for waivers of the Jones Act are reviewed on a case-by-case, vessel-by-vessel,
voyage-by-voyage basis; no blanket waivers will be granted. There are a number of
restrictions imposed upon the grant of such waivers to the navigation laws:
• A request to waive the Jones Act must be submitted prior to lading of the
subject merchandise.
• Waivers may not be granted for a vessel already underway with merchandise;
no “goods on the water” waivers may be granted.
• Waiver requests must be published on the CBP website upon receipt.
• Waiver requests must be posted on CBP’s website in their entirety and
requests for business confidential treatment will not be granted.
• Waivers may not be granted until 48 hours following publication on the CBP
website.
• A waiver may be issued for a period of not more than 10 days, with additional
periods of not more than 10 days, subject to a determination by the Maritime
Administrator of the availability of coastwise-qualified vessels to perform the
transportation.
• The aggregate duration of the period of all waivers and extensions of waivers
with respect to any one set of events shall not exceed 45 days.
Requests for waivers of the navigation laws, including the Jones Act, can be viewed
online, at CBP’s website at: https://www.cbp.gov/trade/jones-act-waiver-request.
CBP processes all requests to waive the Jones Act. To assist CBP with the processing
of requests pursuant to 46 U.S.C. § 501(b), the following information must be included in
the request:
• Cargo (description, type, weight and dimensions of cargo, units if
containerized)
• Name of the vessel that will be used for the proposed transportation
• Vessel Flag/County of Registration
• Available for Loading Date (ready for pick-up)
• Required Shipping Date (must be shipped by)
• Required Delivery Date
• Preferred Port of Lading
• Preferred Port of Unlading
• Point of Contact (name, phone, email)
• Special Instructions (Hazmat? Other concerns?)
• A statement that the requester does not have under charter any coastwise-
46
46 U.S.C. § 501(b). Under 46 U.S.C. § 501(a), the Secretary of DHS must grant a waiver requested by
the Secretary of Defense to do so (after the Secretary of Defense has made the requisite determinations).

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qualified vessel that is: capable of transporting the type of merchandise at
issue, and whether or not it is laden with the type of cargo described in the
request.
• Why granting the waiver for the proposed transportation of cargo would be
necessary in the interest of national defense.
Incomplete requests are considered “unperfected” and will not trigger any processing
action by CBP. If a request is determined to be incomplete, CBP will inform the requester
that the request is incomplete and more information must be provided. Only complete
requests can be processed.
NOTE: CBP strongly encourages potential requesters to contact the Maritime
Administration prior to submitting a request to determine if there are any
coastwise-qualified vessels available to conduct the proposed transportation.
Requests for a Jones Act waiver may be submitted to CBP’s Jones Act waiver
inbox at jonesactwaiverrequest@cbp.dhs.gov.

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WEBSITE APPENDIX
Passenger Vessel Services Act Informed Compliance Publication:
https://www.cbp.gov/sites/default/files/assets/documents/2019-Sep/PVSA-ICP.pdf
Mitigation Guidelines Informed Compliance Publication:
https://www.cbp.gov/trade/publications/informed-compliance-publication-mitigation-
guidelines-fines-penalties-forfeitures-and
What Every Member of the Trade Community Should Know About: U.S. Customs and
Border Protection Rulings Program:
https://www.cbp.gov/document/publications/us-customs-and-border-protection-rulings-
program
Customs Rulings Online Search System (CROSS):
https://rulings.cbp.gov/home
CBP Headquarters Ruling HQ 111275 (Nov. 13, 1990):
https://rulings.cbp.gov/ruling/111275
CBP Headquarters Ruling HQ 111767 (Oct. 25, 1991):
https://rulings.cbp.gov/ruling/111767
CBP Headquarters Ruling HQ 112038 (Mar. 3, 1992):
https://rulings.cbp.gov/ruling/112038
CBP Headquarters Ruling HQ 112387 (July 23, 1992):
https://rulings.cbp.gov/ruling/112387
CBP Headquarters Ruling HQ 112917 (Oct. 19, 1993):
https://rulings.cbp.gov/ruling/112917
CBP Headquarters Ruling HQ 114598 (Feb. 5, 1999):
https://rulings.cbp.gov/ruling/114598
CBP Headquarters Ruling HQ 115212 (Nov. 16, 2000):
https://rulings.cbp.gov/ruling/115212
CBP Headquarters Ruling HQ 116518 (Aug. 9, 2005):
https://rulings.cbp.gov/ruling/116518
CBP Headquarters Ruling HQ H058647 (May 18, 2009):

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https://rulings.cbp.gov/ruling/H058647
CBP Headquarters Ruling HQ H072316 (Sep. 16, 2009):
https://rulings.cbp.gov/ruling/H072316
CBP Headquarters Ruling HQ H117395 (Aug. 9, 2010):
https://rulings.cbp.gov/ruling/H117395
CBP Headquarters Ruling HQ H242466 (July 3, 2013):
https://rulings.cbp.gov/ruling/H242466
CBP Headquarters Ruling HQ H261457 (May 7, 2015):
https://rulings.cbp.gov/ruling/H261457
CBP Headquarters Ruling HQ H273946 (Apr. 13, 2016):
https://rulings.cbp.gov/ruling/H273946
CBP Headquarters Ruling HQ H287418 (Jun. 19, 2017):
https://rulings.cbp.gov/ruling/H287418
CBP Headquarters Ruling HQ H316313 (Feb. 4, 2021):
https://rulings.cbp.gov/ruling/H316313
CBP Headquarters Ruling HQ H330764 (Apr. 12, 2023):
https://rulings.cbp.gov/ruling/H330764
CBP Headquarters Ruling HQ H325118 (Aug. 21, 2023):
https://rulings.cbp.gov/ruling/H325118

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Modification and Revocation of Ruling Letters Relating to CBP’s Application of the
Jones Act to the Transportation of Certain Merchandise and Equipment Between
Coastwise Points, Customs Bulletin, Vol. 53, No. 45 (Dec. 11, 2019):
https://www.cbp.gov/sites/default/files/assets/documents/2019-
Dec/Vol_53_No_45_Title.pdf
U.S. Coast Guard National Vessel Documentation Center (NVDC) Website:
https://www.dco.uscg.mil/Our-Organization/Deputy-for-Operations-Policy-and-
Capabilities-DCO-D/National-Vessel-Documentation-Center/

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ADDITIONAL INFORMATION
The Internet
The CBP homepage provides the trade community with current, relevant information
regarding CBP operations and items of special interest. The site posts information—which
includes proposed regulations, news releases, publications and notices, etc.—that can
be searched, read online, printed or downloaded to your personal computer. The website
was established as a trade-friendly mechanism to assist the importing and exporting
community. The website also links to the homepages of many other agencies whose
importing or exporting regulations CBP helps to enforce. The website also contains a
wealth of information of interest to a broader public than the trade community. For
instance, the “Know Before You Go” publication and traveler awareness campaign are
designed to help educate international travelers.
The web address of U.S. Customs and Border Protection is http://www.cbp.gov.
CBP Regulations
The current edition of CBP Regulations is a loose-leaf, subscription publication available
from the Superintendent of Documents, U.S. Government Printing Office, via the internet,
phone, fax, postal mail, or email. Internet: http://bookstore.gpo.gov and
https://www.ecfr.gov. Phone: DC Metro Area or international callers: (202) 512-1800, U.S.
and Canadian callers may call toll-free: (866) 512-1800, Monday through Friday, 8 a.m.
– 4:30 p.m. EST, Fax: (202) 512-2104. Mail: U.S. Government Printing Office, P.O. Box
979050, St. Louis, MO 63197-9000. Email: ContactCenter@gpo.gov. A bound edition of
Title 19, Code of Federal Regulations, is also available for sale from the same address.
All proposed and final regulations are published in the Federal Register, which is
published daily by the Office of the Federal Register, National Archives and Records
Administration, and distributed by the Superintendent of Documents. Information about
online access to the Federal Register may be obtained by calling (202) 512-1530 between
8 a.m. and 4:30 p.m. EST. The Federal Register is available online at
https://www.federalregister.gov/. These notices are also published in the weekly
Customs Bulletin described below.
Customs Bulletin
The Customs Bulletin and Decisions (Customs Bulletin) is a weekly publication that
contains decisions, rulings, regulatory proposals, notices and other information of interest
to the trade community. It also contains decisions issued by the U.S. Court of International
Trade, as well as customs-related decisions of the U.S. Court of Appeals for the Federal
Circuit. The Customs Bulletin is available online at
https://www.cbp.gov/trade/rulings/bulletin-decisions.

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U.S. Customs and Border Protection
Importing Into the United States
This publication provides an overview of the importing process and contains general
information about import requirements. The current edition of Importing Into the United
States contains material explaining the requirements of the Mod Act. The Mod Act
fundamentally altered the relationship between importers and CBP by shifting to the
importer the legal responsibility for declaring the value, classification, and rate of duty
applicable to entered merchandise.
The current edition contains a section entitled "Informed Compliance." A key component
of informed compliance is the shared responsibility between CBP and the import
community, wherein CBP communicates its requirements to the importer, and the
importer, in turn, uses reasonable care to assure that CBP is provided accurate and timely
data pertaining to the importation.
Single copies may be obtained from local offices of CBP, or from the Office of Public
Affairs, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW,
Washington, DC 20229. An online version is available at the CBP website.
Informed Compliance Publications
CBP has prepared a number of Informed Compliance publications in the “What Every
Member of the Trade Community Should Know About...” series. Check the website
https://www.cbp.gov/trade/rulings/informed-compliance-publications for current
publications.
Value Publications
Customs Valuation Encyclopedia (with updates) is comprised of relevant statutory
provisions, CBP Regulations implementing the statute, portions of the Customs Valuation
Code, judicial precedent, and administrative rulings involving application of valuation law.
This publication may also be found online.
The information provided in this publication is for general information
purposes only. Recognizing that many complicated factors may be involved
in customs issues, an importer may wish to obtain a ruling under CBP
Regulations, 19 C.F.R. Part 177, or obtain advice from an expert (such as
a licensed customs broker, an attorney or a customs consultant) who
specializes in customs matters. Reliance solely on the general information
in this pamphlet may not be considered reasonable care.
Additional information may also be obtained from CBP’s ports of entry. Please consult the
CBP website for an office near you. Contact information for ports of entry can also be
found on the internet at https://www.cbp.gov/contact/ports.

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U.S. Customs and Border Protection
“Your Comments are Important”
The Small Business and Regulatory Enforcement Ombudsman and 10 regional Fairness
Boards were established to receive comments from small businesses about federal
agency enforcement activities and rate each agency’s responsiveness to small business.
If you wish to comment on the enforcement actions of U.S. Customs and Border
Protection, call 1-888-REG-FAIR (1-888-734-3247).
REPORT SMUGGLING: 1-800-BE-ALERT
Publication Number 3931-1224
Visit our website: http://www.cbp.gov