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ARTICLE · 23 FEBRUARY 2021

U.S. Customs Issues Significant Guidance Regarding Offshore Wind Installation

Winston Taylor
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On February 4, 2021, Customs and Border Protection issued significant guidance regarding the operations of foreign offshore wind installation vessels in U.S. waters. The ruling was made public on February 19.

United StatesEnergy and Natural Resources
Charlie Papavizas
Charlie Papavizas

On February 4, 2021, Customs and Border Protection issued significant guidance regarding the operations of foreign offshore wind installation vessels in U.S. waters. The ruling was made public on February 19.

The U.S. "Jones Act" restricts the transportation of "merchandise" between two "points in the United States" to qualified U.S.-flag vessels. Related laws encompass the transportation of "passengers," as well as "dredging" and "towing" in defined U.S. waters. On January 1, 2021, the U.S. Congress confirmed that these laws apply to offshore renewable energy projects.

Primarily because of prior oil and gas rulings, it has been commonly understood that a stationary foreign installation vessel which receives foundations or tower components from a U.S. port via a coastwise qualified U.S.-flag vessels and installs them while stationary is lawful activity. What has not been clear is whether tools and expendable items utilized by the installation vessel as it moves

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