us-cbp-cross-rulings-hq-109741•HQ 109741: Operation of a passenger vessel between Canada and the United States
HQ 109741: Operation of a passenger vessel between Canada and the United States
us-cbp-cross-rulings-hq-109741HQ 109741: Operation of a passenger vessel between Canada and the United StatesGuidance
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 109741
October 28, 1988
VES-1-CO:R:P:C 109741 DHR
CATEGORY: Carriers
Mr. Larry B. Stewart
General Manager
Olde Boatworks
Box 875
Niagara-On-The-Lake
Ontario, L0S 1J0
RE: Operation of a passenger vessel between Canada and the
United States
Dear Mr. Stewart:
This is with reference to your letter of August 24, 1988,
concerning your proposal to operate a passenger vessel between
Canada and the United States.
ISSUE:
What U.S. Custom requirements are involved in the
operation of a passenger vessel between Canada and the United
States.
FACTS:
It is proposed to operate a passenger vessel between the
ports of Niagara-On-The-Lake, Ontario, Canada, and Lewiston and
Youngstown, New York. An inquiry has been made to ensure
compliance with all U.S. Customs requirements.
LAW AND ANALYSIS:
Section 1433, title 19, United States Code, provides for
the immediate report of arrival at a U.S. port of any vessel
from a foreign port or of a foreign-flag vessel from either a
foreign or U.S. port.
- 2 -
Section 1434 of title 19 provides that a U.S. vessel shall
make entry at the Customhouse within 48 hours of its arrival in
the United States from a foreign port and section 1435 provides
for the entry within 48 hours of a foreign vessel from a
foreign or U.S. port. Sections 4.7 and 4.7a, Customs
Regulations (copies attached) set forth the procedures involved
in making entry.
However, section 1441(2) of title 19, exempts from the
entry requirement "Passenger vessels making three trips or
oftener a week between a port of the United States and a
foreign port, or vessels used exclusively as ferryboats,
carrying passengers, baggage or merchandise:" provided the
arrival of baggage or merchandise is reported to Customs within
24 hours. The ports involved must be the same. A ferryboat is
a vessel which carries both persons and their vehicles.
A vessel which arrives at more than one U.S. port with
foreign cargo (does not include baggage) for more than one U.S.
port is required to obtain from Customs a permit to proceed
between U.S. ports. Section 313 of title 46 requires a
foreign-flag vessel to obtain the permit, regardless of whether
it is carrying cargo.
A vessel which is required to make entry from a foreign
country is required by section 91, of title 46 to obtain
clearance before departing for a foreign country. In all
likelihood, the vessel which you contemplate operating would be
required to neither make entry nor obtain clearance. However,
in the event the case is otherwise, we enclose copies of
section 4.60 and 4.61, Customs Regulations, which prescribe the
clearance requirements.
HOLDING:
To the extent that the Customs Service is concerned, a
vessel may be operated as proposed provided it is in compliance
with all applicable requirements, as set forth above. Of
course, the passengers and any merchandise will be subject to
such Customs inspection and control as the local Customs office
deems necessary.
- 3 -
It is suggested that Customs authorities in Buffalo be
contacted with respect to further particulars. They may be
reached on (716) 846-4354. The address is 111 West Huron
Street, Zip 14202.
Sincerely,
B. James Fritz
Chief
Carrier Rulings Branch
Enclosure
cc: Regional Commissioner
Boston, Massachusetts
District Director
Buffalo, New York
CO:R:P:C:DREUSCH:rk:10/26/88
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