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Ports & Terminals — By on May 12, 2017 at 11:44 PM

12-May-2017

WITHDRAWAL OF PROPOSED RULE RELATING TO CUSTOMS APPLICATION OF THE JONES ACT
United States
ESTABLISHMENT OF TEMPORARY MOORING BUOY AT JUNK BAY
Hong Kong
REPLACEMENT OF WATER PIPELINE BETWEEN PENG CHAU AND SUNSHINE ISLAND
Hong Kong
Withdrawal of proposed rule relating to customs application of the Jones Act
Friday, May 12, 2017, United States
Effective May 10, 2017, the U.S. Customs and Border Protection (CBP), Department of Homeland Security, has withdrawn its notice of proposed modification and revocation of headquarters’ ruling letters on the application of the coastwise laws to certain merchandise and vessel equipment transported between coastwise points.

On December 8, 1993, Title VI (Customs Modernization), of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 2057) (hereinafter “Title VI”), became effective. Title VI amended many sections of the Tariff Act of 1930, as amended, and related laws. Two new concepts which emerged from the law are informed compliance and shared responsibility. These concepts are premised on the idea that in order to maximize voluntary compliance with customs laws and regulations, the trade community needs to be clearly and completely informed of its legal obligations.

The law imposes a greater obligation on CBP to provide the public with improved information concerning the trade community’s responsibilities and rights under the customs and related laws.

In addition, both the trade and CBP share responsibility in carrying out import requirements. For example, under section 484 of the Tariff Act of 1930, as amended (19 U.S.C. 1484), the importer of record is responsible for using reasonable care to enter, classify and value imported merchandise, and provide any other information necessary to enable CBP to properly assess duties, collect accurate statistics and determine whether any other applicable legal requirement is met.

A notice was published on January 18, 2017, proposing to modify HQ 101925 to make it more consistent with federal statutes that were amended after HQ 101925 was issued, and to revise rulings which have determined that certain articles transported between coastwise points are “vessel equipment” pursuant to T.D. 49815(4). Over 3,000 comments were received in response to the notice.

Based on the many substantive comments CBP received, both supporting and opposing the proposed action, and its further research on the issue, it was concluded that the Agency’s notice of proposed modification and revocation of the various ruling letters relating to the Jones Act should be reconsidered and the CBP has withdrawn its proposed action relating to the modification of HQ 101925 and revision of rulings determining certain articles are vessel equipment under T.D. 49815(4), as set forth in the January 18, 2017 notice.

For information about operations in the United States contact GAC USA at usa@gac.com

Establishment of Temporary Mooring Buoy at Junk Bay
Friday, May 12, 2017, Hong Kong
For approximately 15 months, a temporary mooring buoy has will be established at Junk Bay for temporary mooring of an immersed tunnel unit in connection with the Shatin Central Link project. Fitting out works for the immersed tunnel unit will be carried out within the works area bounded by straight lines joining the following co-ordinates (WGS 84 Datum) from (A) to (D):
(A) 22 deg. 17.319’N / 114 deg. 15.522’E
(B) 22 deg. 17.153’N / 114 deg. 15.788’E
(C) 22 deg. 16.905’N / 114 deg. 15.611’E
(D) 22 deg. 17.071’N / 114 deg. 15.344’EThe particulars of the mooring buoy are as follows:
Name: IMT
Position (WGS 84 Datum): 22 deg. 17.112’N /  114 deg. 15.566’ E
Light: Nil
Colour: White
Top-mark: Nil
Radar Reflector: FittedVessels navigating in the vicinity should proceed with caution.

(For information about operations in Hong Kong contact GAC Hong Kong at shipping.hongkong@gac.com)

Source: Government of Hong Kong SAR Marine Department Notice No.64 of 2017

Replacement of water pipeline between Peng Chau and Sunshine Island
Friday, May 12, 2017, Hong Kong
For approximately one month, replacement of water pipeline will be carried out within the following works areas:

WORKS AREA 1:
This area is bounded by straight lines joining the following co-ordinates (WGS 84 Datum) from (A) to (D):
(A) 22 deg. 16.292’N / 114 deg. 02.901’E
(B) 22 deg. 16.244’N / 114 deg. 02.919’E
(C) 22 deg. 16.233’N / 114 deg. 02.862’E
(D) 22 deg. 16.283’N / 114 deg. 02.852’E

WORKS AREA 2:
This area is bounded by straight lines joining the following co-ordinates (WGS 84 Datum) from (E) to (H):
(E) 22 deg. 15.954’N / 114 deg. 03.042’E
(F) 22 deg. 15.854’N / 114 deg. 03.048’E
(G) 22 deg. 15.854’N / 114 deg. 03.040’E
(H) 22 deg. 15.952’N / 114 deg. 03.037’E

The works will be carried out by one flat top barge and one work boat. One tugboat and one guard boat will provide assistance. A working area of approximately 25 metres around the flat top barge and work boat will be established. Yellow marker buoys fitted with yellow flashing lights will be laid to mark the positions of the anchors extending from the flat top barge and the work boat.

A temporary water pipeline will be laid in Works Area 2. To secure the temporary water pipeline, some concrete blocks will be laid on the seabed within the Works Area 2. Each concrete block is a structure of cube shape with a height of 0.2 metres and a square base of 0.3 metres by 0.3 metres. Upon completion of the replacement works, the temporary water pipeline and concrete blocks will be removed from the Works Area 2.

The hours of work will be from 0700 to 1900 hours. No works will be carried on Sundays and public holidays. Vessels employed for the works will not stay in the works areas outside the hours of work.

Diving operations will be carried out from time to time during the hours of work.

Vessels engaged in the operations will display signals as prescribed in international and local regulations.

Vessels navigating in the vicinity should proceed with caution and keep clear of the works areas at slow speed, bearing in mind there are divers working in the areas.

(For information about operations in Hong Kong contact GAC Hong Kong at shipping.hongkong@gac.com)

Source: Government of Hong Kong SAR Marine Department Notice No.65 of 2017

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