Sec. 5. U.S. Customs and Border Protection rulings
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In enforcing chapter 551 of title 46, United States Code, the Secretary may not apply an interpretation of the terms vessel equipment or equipment that conflicts with the definition of the term merchandise or sections 55105, 55106, 55107, 55108, 55110, 55113, and 55115 of such title. The Secretary shall revoke or modify, as appropriate, any ruling letters that apply an incorrect interpretation of the terms vessel equipment or equipment as described in paragraph (1), including the following headquarters ruling letters:
HQ H032757 (July 28, 2008). HQ H029417 (June 5, 2008). HQ H004242 (December 22, 2006). HQ 116078 (February 11, 2004). HQ 115938 (April 1, 2003). HQ 115771 (August 19, 2002). HQ 115333 (April 27, 2001). HQ 115487 (November 20, 2001). HQ 115381 (June 15, 2001). HQ 114435 (August 6, 1998). HQ 114305 (March 31, 1998). HQ 113841 (February 28, 1997). HQ 113137 (June 27, 1994). HQ 112218 (July 22, 1992). HQ 111889 (February 11, 1992). HQ 111892 (September 16, 1991). HQ 110402 (August 18, 1989).
HQ 108223 (March 13, 1986). HQ 105644 (June 7, 1982). HQ 101925 (October 7, 1976). The Secretary shall revoke or modify, as appropriate, any treatments, including ruling letters, accorded by the Secretary to transactions that are substantially identical to the transactions described in the ruling letters listed in subparagraph (A). In enforcing chapter 551 of title 46, United States Code, the Secretary may not determine that pipe or cable laying operations, including the transportation of merchandise attached to such pipe or cable, are not subject to such chapter because the vessel pays out the pipe or cable to a coastwise point.
The Secretary shall revoke or modify, as appropriate, any ruling letters that apply an incorrect determination with respect to pipe or cable laying operations described in paragraph (1), including the following headquarters ruling letters: HQ 115522 (December 3, 2001). HQ 115487 (November 20, 2001). HQ 115311 (May 10, 2001). HQ 115333 (April 27, 2001). HQ 114435 (August 6, 1998). HQ 114305 (March 31, 1998). HQ 105644 (June 7, 1982). HQ 101925 (October 7, 1976) (also referred to as T.D. 78–387).
The Secretary shall revoke or modify, as appropriate, any treatments, including ruling letters, accorded by the Secretary to transactions that are substantially identical to the transactions described in the ruling letters listed in subparagraph (A). In enforcing chapter 551 of title 46, United States Code, the Secretary may not exempt lifting operations from the requirements of such chapter. The Secretary shall— revoke or modify, as appropriate, any ruling letters that apply the exemption described in paragraph (1); modify the Customs Bulletin and Decision issued on December 11, 2019, titled 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 (Customs Bulletin and Decisions, Vol. 53, No. 45) to be consistent with paragraph (1); and revoke or modify, as appropriate, any other treatments, including ruling letters, accorded by the Secretary to transactions that are substantially identical to the transactions described in this paragraph.
Upon revoking and modifying the agency actions under paragraph (2), the Secretary shall reinstate the following headquarters ruling letters (popularly known as the Koff rulings ): HQ H242466 (July 3, 2013). HQ H235242 (November 15, 2012). HQ H225102 (September 24, 2012). The Secretary shall revoke the following headquarters ruling letters in which the Secretary determined that certain installation activities do not involve transportation of merchandise between points in the United States for purposes of section 55102 of title 46, United States Code:
HQ 115185 (November 20, 2000). HQ 115218 (November 30, 2000). HQ 113838 (February 25, 1997). HQ 108442 (August 13, 1986). The Secretary shall revoke or modify, as appropriate, any treatments, including ruling letters, accorded by the Secretary to transactions that are substantially identical to the transactions described in the ruling letters described in paragraph (1). In enforcing chapter 551 of title 46, United States Code, the Secretary may not exempt merchandise transported as a result of decommissioning an installation or facility on the outer Continental Shelf from the requirements of such chapter.
The Secretary shall revoke or modify, as appropriate— any ruling letters that apply the exemption described in paragraph (1), including the headquarters ruling letter HQ H004242 (December 22, 2006); and any treatments, including ruling letters, accorded by the Secretary to transactions that are substantially identical to the transactions described in the ruling letter described in subparagraph (A). In enforcing chapter 551 of title 46, United States Code, the Secretary may not determine that— subsoil or seabed samples are not merchandise for purposes of section 55102 of title 46, United States Code; or taking subsoil or seabed samples from the seabed is not considered an installation or other device for purposes of section 4(a)(1) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1333(a)(1) ).
The Secretary shall revoke or modify, as appropriate, any ruling letters that apply an incorrect determination described in paragraph (1), including the following headquarters ruling letters: HQ H317289 (March 25, 2021). HQ 115799 (September 30, 2002). HQ 116602 (January 30, 2006). HQ 108442 (August 13, 1986). The Secretary shall revoke or modify, as appropriate, any treatments, including ruling letters, accorded by the Secretary to transactions that are substantially identical to the transactions described in the ruling letters listed in subparagraph (A).
In enforcing chapter 551 of title 46, United States Code, the Secretary may not determine that such chapter does not apply to— the pristine seabed of the outer Continental Shelf; or articles or devices, including seismic nodes or rock, aggregate, or other scour protection materials, either temporarily or permanently placed onto or embedded into the seabed on the outer Continental Shelf. In enforcing chapter 551 of title 46, United States Code, the Secretary shall determine that any articles or devices described in paragraph (1)(B) that are attached to the seabed are merchandise for the purposes of section 55102 of such title.
The Secretary shall revoke or modify, as appropriate, any ruling letters that apply an incorrect determination described in paragraph (1), including the following headquarters ruling letters: HQ H317289 (March 25, 2021). HQ 115799 (September 30, 2002). Upon revoking and modifying the agency actions under paragraph (3), the Secretary shall reinstate headquarters ruling letter HQ H309186 (January 27, 2021).
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Sec. 5
U.S. Customs and Border Protection rulings
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