U.S. Customs Re-Clarifies Foreign Vessel Scope For Offshore Wind Cable Installation

U.S. Customs and Border Protection in a September 2, 2022 ruling narrowed the scope of what a foreign cable lay vessel can lawfully do on U.S. offshore wind projects. CBP partially altered its views on October 28 with regard to the transportation of cable remaining after a cable lay operation is complete.

CBP has long held that a foreign vessel may pick up pipe or cable in a U.S. port and lay it from that point to another point in the United States or otherwise between two U.S. "points." What constitutes a U.S. "point" offshore is the subject of several CBP rulings. The rationale is that the laying of pipe or cable is not the "transportation" of "merchandise" between two U.S. points which is proscribed by U.S. coastwise law known as the "Jones Act."