U.S. Customs and Border Protection ("CBP") issued
a significant decision on December 19, 2019, which will
substantially alter how certain operations conducted by coastwise
and non-coastwise vessels can be conducted offshore in the oil and
gas and wind industries. The changes become effective on February
17, 2020. Stakeholders should examine this decision to determine
how it will impact their operations.
NEW DEVELOPMENT
On December 19, 2019, CBP issued its decision in the Customs
Bulletin entitled "Modification and Revocation of Ruling
Letters Relating to CBP's Application of the Jones Act to the
Transportation of Certain Merchandise and Equipment Between
Coastwise Points" (the "Notice"). Available here. The Notice clarifies
CBP's position on whether certain items constitute "vessel
equipment," which is not "merchandise" and may be
transported by non-coastwise qualified vessels. The Notice also
contains a section clarifying that "lifting operations"
are not
