VES-3-19-RR:IT:EC 115257 GEV
G. Michael Hubbard
Vice President California Operations
Quay Cruise Agencies, U.S.A.
1025 W. 190th Street, Site 165
Gardena, CA 90248-4332
RE: Coastwise Trade; Passengers; Employees; 46 U.S.C. App. § 289
Dear Mr. Hubbard:
This is in response to your fax of January 3, 2001, regarding the coastwise transportation of cruise staff members of a foreign-flagged vessel. Our ruling on this matter is set forth below.
FACTS:
The Bahamian-flag vessel CRYSTAL SYMPHONY will be arriving at Los Angeles, California, on January 12, 2001, to embark passengers en route to Honolulu, Hawaii. While en route to Honolulu, the following employees for Crystal Cruises, are required to conduct, implement, and monitor initial new programs on board. Crystal Cruises has requested Quay Cruise Agencies, as their agent, to request permission for these employees of Crystal Cruises to embark in Los Angeles and disembark in Honolulu on January 18, 2001.
Name Passport No. Nationality D.O.B.
Dale Czajkowski 15894349 American 05/18/54
Entertainment Staff
David Stewardson L1233823 Australian 10/17/59
Manager, New Production Show
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James Getzen 085391926 American 07/31/50
Entertainment Staff
Richard Kapp 202219322 American 03/13/10
Entertainment Staff
Mela Tenebaum 154609051 American 10/23/46
Entertainment Staff
Audrey Grant VG103175 Canadian 12/16/40
Enrichment Staff
David Lindop 740103100 Canadian 05/20/46
Enrichment Staff
Marion Ross 151176791 American 10/25/28
Staff Lecturer
Paul Michael 034330269 American 08/15/26
Enrichment Staff
Patricia Craig 155993974 American TBA
Enrichment Staff
James Nabors 120481620 American 06/12/30
Entertainment Staff
Barbara Pulchinski 150178816 American 07/08/39
Production Assistant
Thomas Pulchinski 157536595 American 04/17/51
Production Assistant
Allan Alper 154519587 American 07/26/47
Musical Director
Barbara Lopez 200451647 American 03/28/43
Wardrobe Manager
Marc Gravelle 155923356 American 07/15/45
Production Department
Margo Gravelle 157140977 American 01/04/47
Makeup/Production Assistant
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Michael Thompson 15746931 American 05/19/49
Production Department
Lawrence Dansky 152627853 American 05/09/46
Sound Director
Stanley Cadwallader 044456476 American 07/22/61
Production Manager
Bret Bullock 044456476 American 09/20/05
VP Entertainment
David MacFarland 054719841 American 03/23/40
Computer Instructor
Susan MacFarland 054719840 American 05/16/41
Computer Instructor
Bernard Walz E7501399 Australian 03/11/63
Entertainment Staff
Florence Miles L8561329 Australian TBA
Entertainment Staff
Cindy Litzie 036052039 American 02/04/66
Manager, Crystal Society
Adam Leavitt 035414539 American 12/10/56
Vice President, Marketing
ISSUE:
Whether the above-listed individuals are “passengers” within the meaning of 19 CFR § 4.50(b) so that their transportation between Los Angeles and Honolulu aboard the foreign-flag CRYSTAL SYMPHONY would violate 46 U.S.C. App. § 289.
LAW AND ANALYSIS:
The U.S. Customs Service enforces various navigation laws which deal with the use of vessels in what is recognized as coastwise trade. Included among these laws is the Act of June 19, 1886, as amended
(24 Stat. 81; 46 U.S.C. App. § 289, sometimes called the coastwise passenger law), which provides that:
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No foreign vessel shall transport passengers between
ports or places in the United States either directly or by
way of a foreign port, under a penalty of $200 for each passenger so transported and landed.
Pursuant to § 4.50(b), Customs Regulations (19 CFR § 4.50(b)), the word "passenger," for purposes of the above-cited statute, is defined as "...any person carried on a vessel who is not connected with the operation of such vessel, her navigation, ownership, or business."
Customs has consistently interpreted the prohibition set forth in 46 U.S.C. App. § 289 to apply to all vessels except United States-built, owned, and properly documented vessels (see 46 U.S.C. § 12106, 12110; and 46 U.S.C. App. § 883). Furthermore, Customs has promulgated regulations pursuant to 46 U.S.C. App. § 289. These regulations may be found in title 19, Code of Federal Regulations,
§ 4.80a.
The coastwise laws generally apply to points in the territorial sea, defined as the belt, three nautical miles wide, seaward of the territorial sea baseline, and to points located in internal waters, landward of the territorial sea baseline, in cases where the baseline and coastline differ.
With respect to the above-listed individuals, upon reviewing their status as employees of the vessel operator as well as their activities while on board the subject vessel during the voyage in question, it is our position that they would be sufficiently connected to the business of the vessel so as not to be considered “passengers” within the meaning of 19 CFR § 4.50(b).
Accordingly, the proposed transportation of these individuals between Los Angeles and Honolulu aboard the Bahamian-flag CRYSTAL SYMPHONY would not be violative of 46 U.S.C. App. § 289.
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HOLDING:
The above-listed individuals are not “passengers” within the meaning of 19 CFR § 4.50(b) so that their transportation between Los Angeles and Honolulu aboard the foreign-flag CRYSTAL SYMPHONY would not violate 46 U.S.C. App. § 289.
Sincerely,
Larry L. Burton
Chief
Entry Procedures and Carriers Branch