VES-13-18-CO:R:IT:C 111476 KVS

Deputy Assistant Regional Commissioner
Commercial Operations Division
423 Canal Street
New Orleans, LA 90130-2341

RE: Vessel repair; untimely application; untimely entry Vessel: FRANCES HAMMER V-11 Vessel Repair Entry No. C53-0012157-7 Date of Arrival: June 30, 1990 Port of Arrival: Houston, Texas

Dear Sir:

This is in response to your memorandum of January 14, 1991, which forwards for our consideration an application for relief of vessel repair duties filed in connection with the FRANCES HAMMER, vessel repair entry no. C53-0012157-7. Our findings are set forth below.

FACTS:

The FRANCES HAMMER, an American-flag vessel, underwent certain foreign shipyard operations offshore Malta at Hurd Bank anchorage from May 23, 1990 until May 25, 1990, and at Palermo, Italy, from May 29, 1990 until June 1, 1990. The vessel arrived in the United States at Houston, Texas on June 30, 1990. Formal entry was made with Customs on July 9, 1990. In connection with this voyage, an application for relief from vessel repair duties was filed on September 26, 1990.

ISSUE:

Whether, in the absence of an extension, an application for relief from vessel repair duties filed 88 days after the date of arrival may be considered by Customs on its merits.

LAW AND ANALYSIS:

Title 19, United States Code, section 1466(a) provides, in pertinent part, for payment of duty in the amount of 50 percent ad valorem on the cost of foreign repairs to vessels engaged, - 2 -

intended to engage, or documented under the laws of the United States to engage in the foreign or coastwise trade.

The Customs Regulations provide specific time limitations for the submission of an application for relief of vessel repair duties. This time period is contained in section 4.14(d)(1)(ii), which states:

The application for relief, with supporting evidence, shall be filed within 60 days from the date of first arrival of the vessel. However, if good cause is shown, the appropriate vessel repair unit may authorize one 30-day extension of time to file beyond the 60-day filing period.

Furthermore, the regulations specify that the time period for filing the application for relief is concurrent with the time period for submission of costs. Section 4.14(b)(2)(ii)(B) states:

The 60-day time period to submit evidence of cost on the entry is concurrent with the 60- day time period to submit an application for relief under paragraph (d)(1)(ii) of this section and will not operate to provide additional time to submit an application for relief. A request for additional time to submit evidence of cost may include a request for additional time to submit an application for relief.

This additional time to submit evidence of cost and an application for relief is found in section 4.14(b)(2)(ii), Customs Regulations:

If before the end of the 60-day period, the party that is required to furnish the evidence of cost submits a written request for an extension of time beyond the 60-day period, together with a satisfactory explanation of the delay, to the appropriate vessel repair liquidation unit, that unit may grant an additional 30-day extension of time to submit cost evidence. Any request for a further extension of time to furnish evidence of cost shall be submitted to Headquarters, U.S. Customs Service...for approval.

In the case under consideration, the FRANCES HAMMER arrived at Houston on June 30, 1990. Under the regulations, the vessel - 3 -

had until August 29, 1990 to submit an application for relief and cost evidence. However, the application for relief was not filed until September 26, 1990. Although the regulations provide for the granting of a 30-day extension upon application to the appropriate vessel repair liquidation unit, we find no record that an extension was either requested or granted. Accordingly, the application is denied.

Additionally, section 4.14(b)(2), Customs Regulations (19 CFR 4.14(b)(2) provides that, "entry shall be filed with the appropriate Customs officer at the port of first arrival within five working days after arrival." Under the regulations, the vessel had until July 6, 1990 to file formal vessel entry documents. Here, formal entry was not made until July 9, 1990. Therefore, we recommend that the matter be referred to the appropriate office for action.

Parenthetically, we note that in reviewing the materials submitted, we were unable to confirm the location of several of the geographic points alleged to have been visited by the vessel. Therefore, we would suggest that a full written itinerary be included with any further submissions in reference to this voyage.

HOLDING:

In the absence of an extension, an application for relief from vessel repair duties filed 88 days after the date of arrival may not be considered by Customs on its merits.

Sincerely,

B. James Fritz
Chief
Carrier Rulings Branch