[Federal Register Volume 61, Number 226 (Thursday, November 21, 1996)]
[Notices]
[Pages 59278-59279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29774]
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DEPARTMENT OF THE TREASURY
Customs Service
[T.D. 96-79]
Announcement of Suspension of Collection of Special Tonnage Taxes
and Light Money Upon Entry Into the United States of Vessels of Ukraine
AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: General notice.
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SUMMARY: This notice announces that the United States has determined
that the Government of Ukraine has ceased discriminating against
vessels of the United States in the collection of certain fees and
taxes from such vessels which enter that country. As a consequence, it
has become possible to suspend the collection of special tonnage taxes
and light money from vessels of Ukraine upon entering United States
ports.
EFFECTIVE DATE: The change discussed in this notice became effective on
November 14, 1996.
FOR FURTHER INFORMATION CONTACT: Larry L. Burton, Office of Regulations
and Rulings (202) 482-7040.
SUPPLEMENTARY INFORMATION:
Background
Generally, the United States imposes regular and special tonnage
taxes, and a duty of a specified amount per ton denominated ``light
money'', on all foreign vessels which enter United States ports (46
U.S.C. App. 121 and 128). Vessels of a foreign nation may, however, be
exempted from the payment of such special tonnage taxes and light money
upon presentation of satisfactory proof that no discriminatory duties
of tonnage or impost are imposed by that foreign nation on United
States vessels or their cargoes (46 U.S.C. App. 141). The list of
nations whose vessels have been found to be reciprocally exempt from
the payment of any higher tonnage duties than are applicable to vessels
of the United States and from the payment of light money is found at
Sec. 4.22, Customs Regulations (19 CFR 4.22). Nations granted these
commercial privileges that subsequently impose discriminatory duties
are subject to retaliatory suspension of the commercial privileges (46
U.S.C. App. 141 and 142).
The list of countries in 19 CFR 4.22 is compiled as the result of
international agreements between the United States and the governments
of those nations listed. Customs either adds or deletes
[[Page 59279]]
the names of countries only upon the request of the Department of
State. The present list includes the former Union of Soviet Socialist
Republics (USSR) and, following the dissolution of that country,
Customs was guided by a policy determination of the Department of State
which holds that absent a separate agreement to the contrary, the
states emerging from the break-up of the USSR take the same rights and
obligations as existed for the USSR.
By a letter received on September 16, 1996, Customs was informed by
the Department of State that the Government of Ukraine was assessing
discriminatory tonnage fees against vessels of the United States which
enter at Ukrainian ports. As a consequence, the Department of State
requested that action be taken to end the exemption from the assessment
of special tonnage taxes and light money extended to Ukrainian vessels
entering United States ports. Normally, Customs would be supplied with
the names of countries to add to or delete from the regulatory list,
but since discussion with other former Soviet states was on-going, it
was determined to issue a non-amendatory notice by which to limit the
exemption privilege by excluding Ukraine. The Department of State
informed Customs that upon the conclusion of necessary discussions,
Customs would be formally requested to add the names of certain
countries to 19 CFR 4.22, and to delete the USSR from the regulation.
Therefore, effective immediately upon publication of a September
26, 1996, General Notice, vessels of Ukraine entering ports of the
United States were no longer exempted from the assessment of special
tonnage taxes and light money. Special tonnage taxes and light money in
the amounts authorized under law were collected on all such vessels.
Customs has now been informed by the Department of State that
appropriate written assurances have been supplied by the Government of
Ukraine, indicating that vessels of the United States will be accorded
the treatment called for under the Maritime Agreement which expired in
December of 1995. Accordingly, it has been requested by the Department
of State that for a period of thirty days from the date of notification
to the Customs Service, vessels of Ukraine have restored to them the
statutory exemption from the collection of special tonnage taxes and
light money.
Therefore, effective immediately upon publication of this General
Notice, and for a period of thirty calendar days which will expire on
December 14, 1996, vessels documented under the laws of Ukraine are
exempted from the collection of special tonnage taxes and light money.
Dated: November 15, 1996.
Stuart P. Seidel,
Assistant Commissioner, Office of Regulations and Rulings
[FR Doc. 96-29774 Filed 11-20-96; 8:45 am]
BILLING CODE 4820-02-P
