HQ 111354: Reporting Procedures for Vessels Under 5 Net Tons in the Great Lakes Area; 19 U.S.C. 1433, 1436

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 111354

                        November 19, 1990

VES-5-CO:R:P:C 111354 GEV

CATEGORY:  Carriers

Mr. Kevin P. Cummings
Director
Project North Star
6 Fountain Plaza, Suite 300
Buffalo, New York 14202

RE:  Reporting Procedures for Vessels Under 5 Net Tons in the
     Great Lakes Area; 19 U.S.C. 1433, 1436

Dear Mr. Cummings:

     This is in reference to your memorandum dated October 10,
1990 (your ref:  INS-1-PNS PFM), with attachments, requesting a
ruling as to the reporting procedures for vessels under 5 net
tons in the Great Lakes area.  Our ruling on this matter is set
forth below.

FACTS:

     While in Blaine, Washington, the staff of Project North
Star, a task force initiated by the Department of Treasury and
consisting of Customs, the U.S. Immigration and Naturalization
Service (INS), and military personnel, observed a small vessel
reporting system database which tracked pleasure craft and
associated user fee payments between the United States and Canada
in the Washington/Victoria area.  Customs plans to implement this
system as a pilot program in the Buffalo/Ft. Erie area during
fiscal year 1991.

     In regard to the implementation of the above program, some
confusion has arisen concerning the reporting procedures for
vessels under 5 net tons in the Great Lakes area.  Section
123.1(c)(1), Customs Regulations (19 CFR 123.1(c)(1)), requires
the master of every vessel of less than 5 net tons arriving from
Canada or Mexico otherwise than by sea, if carrying baggage or
other merchandise, to immediately report arrival to the Customs
officer at the nearest port of entry or customhouse.  However, 19
U.S.C. 1433 provides for the immediate report of arrival
regardless of tonnage, the carriage of baggage or merchandise, or

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port of departure.  In addition, INS Form I-68 (Canadian Border
Boat Landing Permit) allows persons entering the United States in
small pleasure craft of less than 5 net tons to do so under very
limited conditions without reporting their arrival.

ISSUE:

     Whether vessels under 5 net tons arriving in the Great Lakes
area of the United States are required to report their arrival to
Customs immediately pursuant to  19 U.S.C. 1433.

LAW AND ANALYSIS:

     The Anti-Drug Abuse Act of 1986 (Pub. L. 99-570) amended the
Tariff Act of 1930 relating to the arrival in the United States
and the reporting to Customs by persons and of transportation
conveyances.  Specifically, section 433, Tariff Act of 1930, as
amended (19 U.S.C. 1433(a)(1)) provides, in pertinent part that
the masters of the following vessels arriving at any port in the
United States shall immediately report the vessel's arrival to
Customs at the nearest Customs facility: (A) any vessel from a
foreign port or place; (B) any foreign vessel from a domestic
port; or (C) any vessel of the United States carrying bonded
merchandise, or foreign merchandise for which entry has not been
made.

     Pursuant to a document published in the Federal Register on
November 3, 1988 (53 FR 44459) and in the Customs Bulletin of
November 16, 1988, Customs proposed to amend the Customs
Regulations to implement the above legislative changes.  The
proposed amendments however, did not address section 123.1(c)(1),
Customs Regulations (19 CFR 123.1(c)(1)) which provides that the
master of every vessel of less than 5 net tons arriving from
Canada or Mexico otherwise than by sea, if carrying baggage or
other merchandise, shall immediately report arrival to the
Customs officer at the port of entry or customhouse nearest the
point at which the vessel entered the territorial waters of the
United States and shall not proceed until permission to proceed
is granted.

     In addition, the proposed amendments did not address section
123.2(b), Customs Regulations (19 CFR 123.2(b)) regarding vessels
of less than 5 net tons which provides that the penalty imposed
by 19 U.S.C. 1460 for failure to report or for proceeding inland
without a permit applies only when such vessels are carrying
baggage or merchandise.

     The omission of proposed amendments to sections 123.1(c)(1)
and 123.2(b) was an oversight in the drafting of the
aforementioned document.  We note, however, that the proposed
changes were never adopted as final.

                              - 3 -

     Accordingly, notwithstanding the requirements of the INS, in
view of the amendments to the Tariff Act of 1930 by Pub. L. 99-
570, as set forth in 19 U.S.C. 1433, the provisions of section
123.1(c)(1) are superseded and any vessel, regardless of its
tonnage, or whether it is operating in the Great Lakes area, or
whether it is carrying baggage or merchandise, must immediately
report its arrival to Customs.   Furthermore, we note that Pub.
L. 99-570 repealed 19 U.S.C. 1460 (referenced in section 123.2(b)
as discussed above) which contained the penalty for failure to
comply with the provisions of section 123.1(c)(1).  Pursuant to
Pub. L. 99-570, the assessment of civil and criminal penalties
for violations of arrival, reporting, and entry requirements are
now set forth in 19 U.S.C. 1436, as amended.

HOLDING:

     Vessels under 5 net tons arriving in the Great Lakes area of
the United States are required to report their arrival to Customs
immediately pursuant to 19 U.S.C. 1433.

                                   Sincerely,




                                   B. James Fritz
                                   Chief
                                   Carrier Rulings Branch