IMPLEMENTATION LEVEL

National

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
← back to the state act
Inception date: 13 Apr 2016 | Removal date: open ended
Still in force

Import ban

Customs and Border Protection (CBP) issued a ruling on April 13, 2016, clarifying the application of the Jones Act (46 U.S.C. § 55102). This law generally requires that certain vessels engaged in cabotage (coastwise voyages) be U.S.-made, U.S.-owned, and U.S.-crewed. CBP ruled that a floating barge power plant was not a 'vessel' and therefore 'will not be subject to the Jones Act.' The Jones Act states that 'a vessel may not provide any part of the transportation of merchandise by water, or by land and water, between points in the United States to which the coastwise laws apply, either directly or via a foreign port' unless the vessel was built in the United States, documented under the laws of the United States, and owed by United States citizens. The only issue in this case, according to CBP, is whether the proposed power plant is a 'vessel' for purposes of the Jones Act. The agency relied upon previous Supreme Court decisions to find that the power plant is not in fact a vessel.

AFFECTED COUNTRIES

MAP
TABLE
EXPORT

AFFECTED SECTORS AND PRODUCTS

461 Electric motors, generators & transformers; parts
8501 Electric motors and generators (excluding generating sets).
850110 Motors of an output not exceeding 37.5 W
850120 Universal AC/DC motors of an output exceeding 37.5 W
850131 Of an output not exceeding 750 W
850132 Of an output exceeding 750 W but not exceeding 75 kW
850133 Of an output exceeding 75 kW but not exceeding 375 kW
850134 Of an output exceeding 375 kW
850140 Other AC motors, singlephase
850151 Of an output not exceeding 750 W
850152 Of an output exceeding 750 W but not exceeding 75 kW
850153 Of an output exceeding 75 kW
850161 Of an output not exceeding 75 kVA
850162 Of an output exceeding 75 kVA but not exceeding 375 kVA
850163 Of an output exceeding 375 kVA but not exceeding 750 kVA
850164 Of an output exceeding 750 kVA

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