VES-3 CO:R:P:C 110765 LLB
Mr. James J. Canty
B.S.L. Cruises, Inc.
1086 Teaneck Road
Teaneck, New Jersey 07666
RE: The designation of a colony of Colombia as a distant foreign
port for purposes of the passenger transportation statute,
46 U.S.C. App. 289
Dear Mr. Canty:
Reference is made to your letter of January 4, 1990, in
which you ask that we rule whether the colony of the country of
Colombia known as Isla de San Andres may be considered a distant
foreign port within the meaning of section 4.80a, Customs
Regulations (19 CFR 4.80a), for the purpose of transporting
passengers between coastwise points without violating 46 U.S.C.
App. 289.
FACTS:
Bermuda Star Line (B.S.L.) Cruises, Inc., will begin a
"repositioning" cruise from San Diego, California to Fort
Lauderdale, Florida in the Spring of 1990. It is stated that the
present itinerary for the vessel includes a port call in
Cartagena, Colombia. You would instead however, prefer to stop
at Isla de San Andres because of the degree of unrest existing in
Colombia. Isla de San Andres is a colony of Colombia located
just off the east coast of Nicaragua, Central America.
ISSUE:
Whether Isla de San Andres may be considered a distant
foreign port for the purpose of avoiding a violation of the
coastwise laws during a voyage between California and Florida.
LAW AND ANALYSIS:
Generally, the coastwise laws (e.g., 46 U.S.C. App. 289,
883, 12106, and 12110) prohibit the transportation of passengers
or merchandise between points in the United States embraced
within the coastwise laws in any vessel other than a vessel built
in, documented under the laws of, and owned by citizens of the
United States. The coastwise law regarding passenger
transportation is found in 46 U.S.C. App. 289.
Customs has promulgated regulations to administer the
passenger transportation statute in section 4.80a, Customs
Regulations (19 CFR 4.80a). The regulations provide guidelines
for determining whether the movement of passengers between two
coastwise points, with at least one intervening foreign point, is
considered coastwise trade. To facilitate such determinations a
distinction has been drawn between nearby foreign ports and
distant foreign ports. By visiting at least one distant foreign
port, a violation of the coastwise laws may be avoided on cruises
moving between U.S. ports. For ease of application, the
distinction has been drawn geographically with all Canadian,
Mexican, Central American, Caribbean Sea, and Gulf of Mexico
points (with the exception of the Islands of Aruba, Bonaire, and
Curacao), being designated as nearby foreign ports, and all
others being considered distant foreign ports.
We are asked whether Isla de San Andres may be considered a
distant foreign port by virtue of the fact that it is a "colony"
of Colombia, the ports of which are considered distant ports.
The foreign port distinctions in the Customs regulations are
based upon geographic considerations, not nationality or
sovereignty considerations. Were we to adopt the view that Isla
de San Andres is a distant foreign port because of its connection
with Colombia, the same reasoning would apply to such locations
as Bermuda (a British dependency) and Martinique (a department of
France). The result of such a finding would be to greatly hinder
meaningful administration of the coastwise passenger statute.
HOLDING:
Upon thorough consideration of the facts and analysis of the
applicable law and regulations in this matter, we have determined
that Isla de San Andres is properly considered a nearby foreign
port for purposes of deciding the primary purpose of a voyage
between coastwise points.
Sincerely,
B. James Fritz
Chief
Carrier Rulings Branch