HQ 109741: Operation of a passenger vessel between Canada and the United States

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