Vessel repair; Defective Application for Relief; No grounds stated; Vessel SEALAND RELIANCE, V-1; Vessel repair entry number C53-0012164-3; Arrival at port of Houston, Texas

HQ 111746 January 22, 1992 VES-13-18-CO:R:IT:C 111746 LLB CATEGORY: Carriers Deputy Assistant Regional Commissioner Commercial Operations Division ATTN: Regional Vessel Repair Liquidation Unit New Orleans, Louisiana 70130 RE: Vessel repair; Defective Application for Relief; No grounds stated; Vessel SEALAND RELIANCE, V-1; Vessel repair entry number C53-0012164-3; Arrival at port of Houston, Texas Dear Sir: Reference is made to your memorandum of June 28, 1991, which forwards for our consideration documentation associated with the above-captioned vessel repair entry. FACTS: The vessel SEALAND RELIANCE was taken to various foreign shipyards for the purpose of having performed various survey, repair, and modification procedures. The vessel remained in the foreign shipyards from September 8 to 23, 1990; September 30, 1990 to January 24, 1991; January 26, 1991; and January 29 to 30, 1991. The operator filed a timely vessel repair entry upon return to the United States on February 9, 1991. The operator, in seeking relief from the duty provisions of section 466, Tariff Act of 1930, as amended, (19 U.S.C. 1466), filed a one-page cover letter forwarding various invoices and worksheets which reflect proposed dispositions. Although the letter denominates itself an Application for Relief, it does not rise to that level. ISSUE: Whether sufficient evidence has been submitted which will allow thorough consideration of the dutiability aspects of the subject foreign shipyard operations involved in this matter. LAW AND ANALYSIS: Title 19, United States Code, section 1466(a), provides in pertinent part for payment of duty in the amount of 50 percent ad valorem on the cost of foreign repairs to vessels documented under the laws of the United States to engage in the foreign or coastwise trade, or vessels intended to be employed in such trade. The regulations governing the submission of evidence and the determination of dutiability of foreign shipyard operations under section 1466 are found in section 4.14, Customs Regulations (19 CFR 4.14). Subsection (d)(1) of section 4.14 (19 CFR 4.14(d)(1)) provides that while an Application for relief need not be submitted in any particular format, it is necessary that it: ...allege that an item or a repair expense covered by the entry is not subject to duty under paragraph (a) of this section, or that the articles purchased or the repair expenses are within the provisions of paragraph (c) of this section, or that both conditions are present. None of these allegations appear in the submitted documentation. The requirements appearing in the regulations carry the force and effect of law, having been promulgated pursuant to the specific authority conferred by statute (19 U.S.C. 1498(a)(10)). HOLDING: Following a thorough review of the evidence submitted and an analysis of the applicable law and precedents, we have determined that, as a matter of law, relief cannot be granted for the reasons set forth in the Law and Analysis section of this ruling. This entry should be liquidated and the vessel operator should be informed of the right to file a protest of the liquidation under 19 U.S.C. 1514 and 19 CFR Part 174. Sincerely, B. James Fritz Chief Carrier Rulings Branch