Newly Released CBP HQ Rulings May 24

May 26, 2023 by Ben Perkins|Customs Rulings

The Customs Rulings Online Search System (CROSS) was updated May 24 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):

H325120: Coastwise Transportation; Offshore Wind Turbines; 46 U.S.C. § 55102; 46 U.S.C. § 55109; 19 C.F.R. § 4.80b.

Ruling: (1) The use of the jet trenching cable burial tool by a non-coastwise-qualified vessel to bury cable while simultaneously placing cable would not be in violation of that law. (2) The use of the mechanical cutter cable burial tool by a non-coastwise-qualified vessel to bury cable while simultaneously placing cable would not be a violation of that law. (3) The transportation of concrete mats and other material from one U.S. coastwise point to the subject cable constitutes coastwise trade under the Jones Act and would be a violation.

Issues: (1) Whether the use of the jet trenching cable burial tool deployed by a non-coastwise-qualified vessel to bury cable, either as the cable is laid or as a separate operation following when the cable is laid, constitutes a violation of the coastwise dredging statute? (2) Whether the use of the mechanical cutter cable burial tool deployed by a non-coastwise-qualified vessel to bury cable, either as the cable is laid or as a separate operation following when the cable is laid, constitutes a violation of the coastwise dredging statute? (3) Whether the transportation or installation of rock bags, concrete mattresses, or loose rocks to be placed over the subject cable on board a non-coastwise-qualified vessel violate the Jones Act?

Item: N/A

Reason: CBP found that the concrete mats are “merchandise” as contemplated by the Jones Act. The concrete mats or other protective material do not aid the operation of the installation vessel itself and the items are not used to aid actual installation, and thus are dissimilar from things used as tools for installation operations.

Ruling Date: May 23, 2023