VES-13-18-CO:R:IT:C 112553 DEC

Deputy Regional Director
Commercial Operations
Pacific Region
One World Trade Center
Long Beach, California 90731

RE: Vessel Repair; inspection; installation; modification; Vessel: ARCO SAG RIVER V-513 Vessel Repair Entry No. C27-0067893-4 Date of Arrival: September 19, 1992 Port of Arrival: Long Beach, California

Dear Sir:

This is in response to your memorandum dated December 18, 1992, which forwards for our consideration an application for relief from duties assessed pursuant to 19 U.S.C. 1466 filed in connection with the ARCO SAG RIVER V-513, vessel repair entry number C27-0067893-4. Our findings are set forth below.

FACTS:

The ARCO SAG RIVER is an American-flag vessel owned by ARCO Marine, Inc. The vessel had foreign shipyard work performed during the period of July 19, 1992 - August 29, 1992. Subsequently, the vessel arrived in the United States at Long Beach, California on September 19, 1992, and a vessel repair entry was filed on the same day.

An application for relief dated November 18, 1992, was timely filed seeking remission from vessel repair duties. The items submitted to this office for review are set out below.

Invoice No. Description 105 inspection (preparation) 111 installation chloropac piping 321 installation strainer 321-1 installation strainer 416 relocate manifold

-2-

418 bunker line main deck 426 king post bracket 505 relocation flood light 510 pump room strobe light 804 ladder and platform 906-2 midship cargo headers installed 907-3 installation stripper suctions 907-4 air test connection 907-5 stripper S.W. suction 907-10 pumproom piping 912-5 vapor recovery manifold 912-6 vapor recovery manifold Sperry Marine gyro material installed Sperry Marine gyro labor Sperry Marine gyro expense Sanki ultrasonic survey

ISSUE:

Whether the cost of foreign shipyard work completed aboard the subject vessel is dutiable pursuant to 19 U.S.C. 1466.

LAW AND ANALYSIS:

Title 19, United States Code, section 1466 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.

The treatment of the respective invoices submitted for review are set out in detail below.

Invoice 105 (inspection (preparation))

Cleaning operations in preparation of painting are dutiable provided that the work is completed prior to termination of the voyage. C.I.E. 820/60 (June 6, 1960). In this case, the coating was completed in the foreign shipyard and is separately itemized on the invoice. Consequently, the preparation costs ($5229) as well as the coating costs ($428) are dutiable.

Additionally, pursuant to C.I.E. 233/60 (March 11, 1960), the costs associated with cleaning and painting new marks on the chains are dutiable. Specifically, the range, clean, prepare anchors and chains ($1042), hardening of shackles and pugs ($642), and blast, coat, and mark ($888) items are dutiable.

-3-

Modifications

Invoice 111 (installation chloropac piping) Invoice 321 (installation strainer) Invoice 321-1 (installation strainer) Invoice 416 (relocate manifold) Invoice 418 (bunker line main deck) Invoice 426 (king post bracket) Invoice 505 (relocation flood light) Invoice 510 (pump room strobe light) Invoice 804 (ladder and platform) Invoice 906-2 (midship cargo headers installed) Invoice 907-4 (air test connection) Invoice 907-5 (stripper S.W. suction) Invoice 907-10 (pumproom piping) Invoice 912-5 (vapor recovery manifold) Invoice 912-6 (vapor recovery manifold)

In United States v. Admiral Oriental Lines et al., 18 C.C.P.A. 137 (T.D. 44359 (1930)), the court distinguished equipment and repairs (dutiable) from permanent additions to the hull and fittings (non-dutiable). For purposes of section 1466, Customs has adopted the definition of dutiable equipment as:

. . . portable articles necessary or appropriate for the navigation, operation, or maintenance of a vessel, but not permanently incorporated in or permanently attached to its hull or propelling machinery, and not constituting consumable supplies.

T.D. 34150 (1914).

For equipment to become part of the hull and fittings of a vessel, it must

. . .become a permanent part of the hull, the installation of which caused the superstructure of the vessel to be changed, or where there is proof that at the time the change was made it was the intention of the owners that such alteration or addition become a permanent part of the vessel. In either case the permanency of such equipment should be, and in most cases is, evidenced by changes in conformity therewith in the official blue prints of the vessel.

T.D. 43585 (1929).

-4-

Before an item is to be construed as a part of the vessel, it must be (1) a permanent attachment and (2) essential to the successful operation of the vessel. Otte v. United States, 7 C.C.P.A. 166, 169 (1916).

Consequently, these items meet the above-stated criteria and are deemed to be modifications or expenses associated with modifications and are, accordingly, to be entered free of duty.

Invoice 907-3 (installation stripper suctions) The submitted invoice associated with this item does not provide sufficient information to make a determination of dutiability. Absent a breakdown of what "other work" encompasses, the amount associated with this item ($1838) is dutiable.

Sperry Marine

The invoice associated with this item states that two gyro compasses were installed and one was removed. The applicant stated that the equipment installed was of U.S. origin and was installed using U.S. labor. Consequently, this item is not dutiable. 19 U.S.C. 1466(d)(2)(1992).

Sanki International (ultrasonic survey)

This item represents the expense incurred for ultrasonic gauging on the ARCO SAG RIVER. Since this survey was unaccompanied by any repairs, it is not dutiable. C.D. 1310 (March 13, 1951) and C.D. 1830 (December 6, 1956).

HOLDING:

After thorough review of the evidence presented, and as detailed in the Law and Analysis portion of this ruling, the application for relief is granted in part and denied in part.


Sincerely,

Acting Chief
Carrier Rulings Branch