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ARTICLE · 22 APRIL 2022

Customs Issues Comprehensive Offshore Wind Jones Act Ruling

Winston Taylor
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On April 21, 2022, U.S. Customs and Border Protection posted on its public website a ruling dated April 14 which addresses in one ruling many of the Jones Act

United StatesTransport
Charlie Papavizas
Charlie Papavizas

On April 21, 2022, U.S. Customs and Border Protection posted on its public website a ruling dated April 14 which addresses in one ruling many of the Jones Act issues which arise from the installation of offshore wind turbines off the coasts of the United States.

The "Jones Act" is the popular term for a set of U.S. federal laws which reserve U.S. coastwise trade and activities, such as "dredging," to qualified U.S.-flag vessels. The Jones Act is an important delimitation between which offshore wind installation activities can be performed by foreign vessels lawfully and which activities are reserved to qualified U.S.-flag vessels.

Because of a jurisdictional ambiguity which was not addressed until January 1, 2021, CBP did not issue many offshore wind rulings before that date. In fact, the April 14 ruling responds to a request originally submitted in 2018 and supplemented in 2021.

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