Newly Released CBP HQ Rulings May 30

June 3, 2024 by Noah Garfinkel|Customs Rulings

The Customs Rulings Online Search System (CROSS) was updated May 30 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):

H338525: Coastwise Transportation; Outer Continental Shelf; Wind Turbines; 46 U.S.C. §§ 55102; 19 CFR §§ 4.80b; 43 U.S.C. § 1333

Ruling: (1) The transportation and installation of navigation aids, as described above in Scenario 1, would not violate the Jones Act, 46 U.S.C. § 55102. The transportation of navigation aids as described above in Scenario 2, however, would violate the Jones Act, 46 U.S.C. § 55102. (2) The transportation and installation of anode cages, as described above, would not violate the Jones Act, 46 U.S.C. § 55102. (3) The transportation and installation of bubble curtains, as described above, would not violate the Jones Act, 46 U.S.C. § 55102.

Issue: (1) Whether the transportation and installation of navigation aids, as described above, violates the Jones Act, 46 U.S.C. § 55102? (2) Whether the transportation and installation of anode cages, as described above, violates the Jones Act, 46 U.S.C. § 55102? (3) Whether the transportation and installation of bubble curtains, as described above, violates the Jones Act, 46 U.S.C. § 55102?

Item: (1) The first IV will install a monopile foundation, and place navigation aids on the foundation it just installed. The navigation aids will be loaded aboard IV 1 at a European port and remain on the foundation for an interval of time, after which the second IV, will arrive to install secondary steel elements on top of the foundation. IV 2 will lift the navigation aids off the monopile foundation and place them on a coastwise-qualified vessel. IV 2 will then proceed to install steel elements (transported to the installation site from a U.S. port using a coastwise-qualified vessel) atop the foundation. Once the navigation aids are loaded aboard the coastwise-qualified vessel, they will either be transported by the coastwise-qualified vessel to a second monopile foundation, where the first IV will lift them onto the foundation, or be transported directly to IV 1, where the IV will lift the navigation aids on its deck, travel to the second monopile foundation, and place the navigation aids aboard the second foundation. Once construction of all monopiles is complete, the navigation aids will travel on board the deck of IV1 to a European port. All movement of the navigation aids between the deck of the IV 1, the monopile foundations, and the coastwise-qualified vessel will occur using IV 1’s cranes while IV 1 remains stationary. (2) Anode cages will be placed by one of the IVs around the monopile foundations. An anode cage consists of a ring-shaped steel structure with anodes on it which fits around the bottom of the monopile to prevent it from rusting. The anode cages in this project will be transported from a U.S. port to one of the IVs located at the monopile foundation. There, one of the IV’s cranes will lift the anode cage from the coastwise-qualified vessel to the IV’s deck while the IV remains stationary. Aboard the IV’s deck, a separate rigging tool will be attached to the anode cage. The IV’s crane will then lift the anode cage from the IV’s deck to the monopile foundation while the IV remains stationary. (3) Prior to monopile foundation installation, double bubble curtains will be temporarily placed at the installation site for noise and vibration mitigation purposes. The double bubble curtains consist of two hose reels with loaded hoses. The outer hose is placed surrounding the inner hose at an even greater radius. Two potential installation scenarios are currently contemplated:

Reason: (1) Because the navigation aids are merchandise, Scenario 1 would be permissible under the Jones Act but Scenario 2 would be violative. (2) Because the anode cages are being transported from a U.S. port to the monopile foundation using a coastwise qualified vessel, no violation of 46 U.S.C. § 55102 would occur. (3) Because the bubble curtain reels and hose are the BCV’s vessel equipment, Scenario A does not violate the Jones Act. Because the IV does not transport bubble curtain reels and hose between coastwise points in Scenario B, Scenario B also would not violate the Jones Act.

Ruling Date: May 28, 2024