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ARTICLE · 09 MAY 2023

CBP Issues Another Offshore Wind Scour Protection Ruling

Squire Patton Boggs LLP
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US Customs and Border Protection (CBP) expanded its body of offshore wind energy rulings and held that the Jones Act did not prohibit a foreign flagged vessel from transporting and installing...

United StatesInternational Law
D. Michael Kaye
D. Michael Kaye
Michael J. Wray
Michael J. Wray

US Customs and Border Protection (CBP) expanded its body of offshore wind energy rulings and held that the Jones Act did not prohibit a foreign flagged vessel from transporting and installing scour protection (i.e. rocks) on the bottom of the Outer Continental Shelf (OCS) during construction of wind turbine generator foundations (WTG).

See HQ H327710.

Transportation of merchandise between two US coastwise points requires a Jones Act-qualified vessel, which means that the vessel must meet stringent US built, US ownership and crewing requirements. The term "merchandise" is construed very broadly under the Jones Act and includes even valueless material.

In HQ H327710, CBP considered whether under the Jones Act a foreign flagged vessel (the Scour Vessel) could apply rocks to WTG foundations at multiple points on the OCS during the construction of a wind energy farm. The operations at issue consist of the following activities: (1) rocks for the initial

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