Vessel Entry and Clearance; 19 CFR §§ 4.3, 4.60

HQ H145835 February 16, 2011 VES-5-OT-RR:BSTC:CCI H145835 GOB CATEGORY: Carriers Pieter Moerman GAC Shipping (USA) Inc. 555 E. Ocean Blvd., Suite 820 Long Beach, CA 90802 RE: Vessel Entry and Clearance; 19 CFR §§ 4.3, 4.60 Dear Mr. Moerman: This is in response to your correspondence of January 21, 2011. Our ruling is set forth below. FACTS: Your U.S.-flag water-taxi/tug boat (the “vessel”) will depart from the port of Long Beach, California to pick up crew from a foreign tanker which is located about thirty miles from the coast. You inquire whether the vessel is required to make formal vessel entry upon subsequent arrival at a United States port. ISSUE: Whether, under the above circumstances, the subject vessel is required to make formal vessel entry upon subsequent arrival at a United States port? LAW AND ANALYSIS: Section 4.3(a), Customs and Border Protection (“CBP”) regulations (19 CFR § 4.3(a)) provides as follows: Unless specifically excepted by law, within 48 hours after the arrival at any port or place in the United States, the following vessels are required to make formal entry: Any vessel from a foreign port or place; Any foreign vessel from a domestic port; Any vessel of the United States having foreign merchandise on board for which foreign entry has not been made; Any vessel which has visited a hovering vessel as defined in 19 U.S.C. 1401(k), or has delivered or received merchandise or passengers while outside the territorial sea. Section 4.60(a), CBP Regulations (19 CFR § 4.60(a)) provides in pertinent part: Unless specifically excepted by law, the following vessels must obtain clearance from CBP before departing from a port or place in the United States: All vessels departing for a foreign port or place; All foreign vessels departing for another port or place in the United States; All foreign vessels departing for another port or place in the United States that have foreign merchandise for which entry has not been made; and All vessels departing for points outside the territorial sea to visit a hovering vessel or to receive merchandise or passengers while outside the territorial sea, as well as foreign vessels delivering merchandise or passengers while outside the territorial sea. The territorial sea is defined as the belt, three nautical miles wide, seaward of the territorial sea baseline, and points located in internal waters, landward of the territorial sea baseline. In the present case, your vessel will depart from the United States to pick up crew from a foreign tanker which is 30 miles off the coast. Thus, your vessel will receive passengers while outside the territorial sea. Therefore, the vessel is required to make formal entry pursuant to 19 CFR § 4.3(a)(4). Further, because the vessel will depart for a point outside the territorial sea to receive passengers while outside the territorial sea, the vessel is required to obtain clearance from CBP before departing on such voyage pursuant to 19 CFR § 4.60(a). HOLDING: Where the vessel will depart from the United States to pick up crew from a tanker which is 30 miles off the coast, the vessel is required to make formal entry within 48 hours after its subsequent arrival in the United States and to obtain clearance prior to its departure from a port or place in the United States. Sincerely, George Frederick McCray Supervisory Attorney-Advisor/Chief Cargo Security, Carriers and Immigration Branch Office of International Trade, Regulations & Rulings U.S. Customs and Border Protection