VES-13-18-CO:R:IT:C 111714 LLB
Chief, Technical Branch
Commercial Operations Branch
Pacific Region
One World Trade Center
Long Beach, California 90831
RE: Vessel repair; Repair; Modification; Defective Application
for Relief; Vessel SEALAND PATRIOT, V-110; Vessel repair
entry number C27-0189086-8; Port of arrival, Los Angeles,
California
Dear Sir:
Reference is made to your memorandum of May 14, 1991, which
forwards for our review and consideration documentation seeking
relief from the assessment of vessel repair duties filed by Sea-
Land Service, Inc., in regard to the above-captioned vessel
repair entry.
FACTS:
The vessel SEALAND PATRIOT underwent extensive shipyard
operations while outside of the United States. A vessel repair
entry was filed on the day of arrival. We are asked to review
three of the operations performed in the foreign shipyard for the
purpose of determining their dutiability. The operator, in
seeking relief from the duty provisions of section 466, Tariff
Act of 1930, as amended, (19 U.S.C. 1466), filed a one-page cover
letter forwarding various invoices and worksheets which reflect
proposed dispositions. Although the letter denominates itself an
Application for Relief, it does not rise to that level.
ISSUE:
Whether sufficient evidence has been submitted which will
allow thorough consideration of the dutiability aspects of the
subject foreign shipyard operations involved in this matter.
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 documented
under the laws of the United States to engage in the foreign or
coastwise trade, or vessels intended to be employed in such
trade.
The regulations governing the submission of evidence and the
determination of dutiability of foreign shipyard operations under
section 1466 are found in section 4.14, Customs Regulations (19
CFR 4.14). Subsection (d)(1) of section 4.14 (19 CFR 4.14(d)(1))
provides that while an Application for relief need not be
submitted in any particular format, it is necessary that it:
...allege that an item or a repair expense
covered by the entry is not subject to duty
under paragraph (a) of this section, or that
the articles purchased or the repair expenses
are within the provisions of paragraph (c) of
this section, or that both conditions are
present.
None of these allegations appear in the submitted documentation.
The requirements appearing in the regulations carry the force and
effect of law, having been promulgated pursuant to the specific
authority conferred by statute (19 U.S.C. 1498(a)(10)).
HOLDING:
Following a thorough review of the evidence submitted and an
analysis of the applicable law and precedents, we have determined
that, as a matter of law, relief cannot be granted for the
reasons set forth in the Law and Analysis section of this ruling.
This entry should be liquidated and the vessel operator should be
informed of the right to file a protest of the liquidation under
19 U.S.C. 1514 and 19 CFR Part 174.
Sincerely,
B. James Fritz
Chief
Carrier Rulings Branch