VES-3-02/07-RR:IT:EC 114336 CC
Dag Toemmervik
Premier Cruises
901 South America Way
Miami, FL 33132-2073
RE: 46 U.S.C. App. 289; coastwise trade; passengers; employees
of cruise ship
Dear Mr. Toemmervik:
This is in response to your letter of April 8, 1998, and
your follow-up submission of May 21, 1998, concerning the voyage
of the vessel SeaBreeze.
FACTS:
You state that the foreign-flag vessel, the SeaBreeze, will
be departing from Miami, Florida on May 31, 1998, and will arrive
in Philadelphia, Pennsylvania on June 3, 1998. Premier Cruises
wishes to hold a corporate seminar during this voyage for
approximately 80 to 85 sales and marketing employees. You have
provided a list of the employees who are planning to attend the
seminar, along with a proposed agenda for the seminar.
ISSUE:
Whether the transportation of the cruise ship employees on
a foreign-flag vessel as described above constitutes a violation
of 46 U.S.C. App. 289.
LAW AND ANALYSIS:
46 U.S.C. App. 289, the passenger coastwise law, provides
that "[n]o foreign vessel shall transport passengers between
ports or places in the United States, either directly or by way
of a foreign port, under penalty of $200 for each passenger so
transported and landed." Pursuant to 19 CFR 4.80a and 4.50,
the term passenger, for purposes of 46 U.S.C. App. 289, is
defined as "any person carried on a vessel who is not connected
with the operation of such vessel, her navigation, ownership, or
business."
We have held that sales and marketing employees of a cruise
ship that are transported on its vessel for conferences or
seminars are not passengers for purposes of 46 U.S.C. App. 289
because they are sufficiently connected with the business of the
vessel. See, e.g., Headquarters Ruling (HQ) 109685 of November
3, 1988, and HQ 112601 of June 17, 1993. Similarly, we find the
sales and marketing employees of the SeaBreeze are not passengers
for purposes of 46 U.S.C. App. 289 because they are
sufficiently connected with the business of the vessel.
HOLDING:
The subject employees of the cruise ship are not passengers
for purposes of 46 U.S.C. App. 289, and, thus, the transport of
those employees would not constitute a violation of the passenger
coastwise law.
Sincerely,
Jerry Laderberg
Chief
Entry Procedures and Carriers
Branch