VES-3-02-RR:IT:EC 114425 GEV
Mike Bush
Manager, Port Operations
Holland America Line Westours, Inc.
300 Elliott Ave. West
Seattle, Washington 98119
RE: Coastwise Trade; Cruise Itinerary; 46 U.S.C. App. 289
Dear Mr. Bush:
This is in response to your letter dated July 9, 1998,
requesting a ruling on a proposed cruise itinerary to be
conducted by vessels of your line. Our ruling on this matter is
set forth below.
FACTS:
Holland America Line is interested in the possibility of
using the following itinerary for future cruises on board its
foreign-flag vessels:
Embark passengers in Fort Lauderdale, Florida
Ports of call: Georgetown, Grand Cayman
Transit Panama Canal
Puerto Caldera, Costa Rica
Acapulco, Mexico
Disembark passengers in Los Angeles, California
ISSUE:
Whether the use of a non-coastwise-qualified vessel for the
transportation of passengers in the above-described itinerary is
violative of 46 U.S.C. App. 289.
- 2 -
Title 46, United States Code Appendix, 289 (46 U.S.C. App.
289, the passenger coastwise law), prohibits the transportation
of passengers between points embraced within the coastwise laws
of the United States, either directly or by way of a foreign
port, in a non-coastwise-qualified vessel (i.e., any vessel not
built in and documented under the laws of the United States and
owned by persons who are citizens of the United States).
Section 4.80a(b)(2), Customs Regulations (19 CFR
4.80a(b)(2)), promulgated pursuant to 46 U.S.C. App. 289,
provides that a coastwise violation occurs if a passenger is on a
voyage to one or more coastwise points and a nearby foreign port
or ports (but at no other foreign port) and the passenger
disembarks at a coastwise port other than the port of
embarkation. (see 19 CFR 4.80a(a)(1)(2) and (4) for the
definitions of the terms "coastwise port," "nearby foreign port,"
"embark," and "disembark," as those terms are used in the
regulation)
Under the proposed itinerary, passengers embarking a non-coastwise-qualified vessel at Fort Lauderdale (a coastwise
point) and disembarking at Los Angeles (also a coastwise point)
with intervening stops at Georgetown, Puerto Caldera, and
Acapulco (all of which are nearby foreign ports) would constitute
a violation of 19 CFR 4.80a(b)(2) as discussed above.
HOLDING:
The use of a non-coastwise-qualified vessel for the
transportation of passengers in the above-described itinerary is
violative of 46 U.S.C. App. 289.
Sincerely,
Jerry Laderberg
Chief
Entry Procedures and Carriers
Branch