VES-13-18 CO:R:IT:C 111619 JBW

Deputy Assistant Regional Commissioner
Commercial Operations
c/o Regional Commissioner
New Orleans, LA 70130-2341

RE: Vessel Repair; Spare Parts; 19 U.S.C. 1466(h); M/V LAWRENCE GIANELLA; Entry No. C53-0012163-5.

Dear Sir:

This letter is in response to your memorandum dated March 28, 1991, which forwards for our review the application for relief filed in conjunction with the above-referenced vessel repair entry.

FACTS:

The record reflects that the subject vessel, the M/V LAWRENCE GIANELLA, arrived at the port of Houston, Texas, on November 30, 1990. Vessel repair entry, number C53-0012163-5, was filed on the same day as entry and was marked incomplete. A completed entry and an application for relief was filed on January 24, 1991. The entry indicates that a variety of repairs were performed in different foreign shipyards. The applicant seeks relief for spare parts used in these repairs that were either manufactured in the United States or were imported into the United States, duty-paid.

ISSUE:

Whether parts used in the repairs of the vessel are dutiable, if such parts are documented to be of United States origin or to have been imported into the United States, duty- paid.

LAW AND ANALYSIS:

Title 19, United States Code, section 1466, provides for payment of duty in the amount of fifty percent ad valorem on the cost of foreign repairs to vessels documented under the laws of the United States to engage in foreign or coastwise trade, or vessels intended to engage in such trade.

The vessel repair statute exempts from duty spare repair parts or materials that have been manufactured in the United States or entered the United States duty-paid and are used aboard a cargo vessel engaged in foreign or coasting trade. 19 U.S.C. 1466(h). For purposes of this section, where a part is purchased from a party unrelated to the vessel owner, a United States bill of sale constitutes sufficient evidence to demonstrate that the part was either manufactured in the United States or entered in the United States, duty-paid. In cases in which the vessel operator or a related party has acted as the importer of foreign materials, or where materials were imported at the request of the vessel operator for later use by the operator, the vessel repair entry will identify the port of entry and the consumption entry number for each part installed on the ship which has not previously been entered on a Customs Form 226.

We have reviewed the invoices included in the application and have determined that the invoices for which the applicant seeks relief meet the above-described evidentiary requirements for duty exemption. The application for relief should be approved in full.

HOLDING:

The parts used in the repairs of the vessel are not subject to duty if such parts are documented to be of United States origin or to have been imported into the United States, duty- paid. We have reviewed the invoices included in the application and have determined that the invoices for which the applicant seeks relief meet the evidentiary requirements for duty exemption.


Sincerely,

B. James Fritz
Chief
Carrier Rulings Branch