Not allowed back in Seattle Port?

[J0Y0US]

So right now the ships dont stop outside the country. 

 

Is there limits on what is allowed back through customs? Like food, plants, or anything like that?

 

Anyone have a link possibly? 

 

Just want to make sure if we end up buying something we don't end up getting something that's not allowed back through the Seattle port authorities. 

[GTJ]

Your question is not entirely clear, but I think your underlying question is whether a foreign flag vessel, which transports passengers solely between U.S. ports (that is, engaging in U.S. coastwise trade within the meaning of 46 U.S.C. ch. 551), but having entered foreign waters, is subject to U.S. customs reporting obligations. Alternatively, your question might be about customs requirements generally for vessels subject to reporting. I am not certain as to the specific question you're asking.

 

As to a vessel being subject to customs reporting, I don't know the law well enough to opine fully on this question, and I would be interested in hearing from others as to the applicable law. It would seem to be a question of how the statute at 19 U.S.C. § 1433(a)(1)(A) of "any vessel from a foreign port or place," where a "foreign port or place" is defined in part by regulation, at 19 C.F.R. § 4.2(b), as "includ[ing] a hovering vessel, as defined in 19 U.S.C. 1401(k), and any point in customs waters beyond the territorial sea or on the high seas at which a vessel arriving in a port or place in the U.S. has received merchandise," is applied. The inclusion described within the regulatory definition of a "foreign port or place" would not seem to be relevant here, but that is not, by itself, dispositive of the issue. I don't believe that Alaska Marine Highway vessels are subject to customs inspection (is this in fact true?) traveling to and from Bellingham, but those are American flag vessels. I don't know if a foreign flag vessel sailing through Canadian waters, without stopping at any Canadian port, is sufficient to invoke customs reporting obligations.

 

If the vessel is not subject to customs reporting (and inspection), then the question is moot. But if the vessel is subject to inspection, then all the ordinary requirements relating to importation would apply. That can be complicated, as certain foods, animals, and plants are prohibited (generally, fruits and soft cheeses are not allowed, but baked goods and hard cheeses are okay), and there are limitations on what can be imported without payment of duty. U.S. Customs and Border Protection provides some guidance online here, though in some cases it may be worthwhile to consult with any attorney for guidance.

Edited September 9, 2021 by GTJ

[rkacruiser]

7 hours ago, J0Y0US said:

So right now the ships dont stop outside the country. 

 

Is there limits on what is allowed back through customs? Like food, plants, or anything like that?

 

Anyone have a link possibly? 

 

Just want to make sure if we end up buying something we don't end up getting something that's not allowed back through the Seattle port authorities. 

 

GTJ's response to your post is thorough.  I think it would be most safe to simply say that what was disallowed in the past ought to still be disallowed.  Why create potential stress/problems for yourself?  

[CruiserBruce]

2 hours ago, rkacruiser said:

 

GTJ's response to your post is thorough.  I think it would be most safe to simply say that what was disallowed in the past ought to still be disallowed.  Why create potential stress/problems for yourself?  

Because there is a perceived opportunity to get aware with something? Not sure what else could be implied.

 

@joyous, the recent discussion has been that, despite the not actually stopping in a foreign country, the special exemption affecting these cruises indicates authorities do in fact treat this as a cruise with a foreign stop.

[GTJ]

17 hours ago, CruiserBruce said:

Because there is a perceived opportunity to get awa[y] with something? Not sure what else could be implied.

 

@joyous, the recent discussion has been that, despite the not actually stopping in a foreign country, the special exemption affecting these cruises indicates authorities do in fact treat this as a cruise with a foreign stop.

 

I think this is an interesting issue because, operationally, the cruise lines are doing the same thing as the Alaska Marine Highway ferries--stopping only in American ports but sailing through Canadian waters--and the only legally-relevant distinction being the registry of the vessels themselves. In other words, how can "authorities" treat some vessels one way, and other similarly-situated vessels another way? The law does not generally distinguish between vessels that call themselves "cruise ships" and vessels that call themselves "ferries." I would be interested in reading the legal arguments on each side.

 

I don't think that there's any substantial issue of passengers being able to "get away" with anything from customs inspection. If passengers can only go ashore at American ports, then everything acquired by them ashore would be of American origin, or having been previously entered into the United States. Even the food onboard would have been provisioned from American sources through Seattle. Perhaps there could be cause for customs inspection if the vessel itself has duty-free shops on board . . . for the reason that the cruise lines want to profit from their duty-free sales everyone might have to be inconvenienced for inspection to ascertain such duty-free purchases?!

 

From the broader perspective, the ability of the government to conduct warrantless searches implicates the important protections of the Fourth Amendment. But such protections do not apply when seeking admission to the country at the border. So it is rather important to know if a return to Seattle, under these temporary provisions, constitutes the seeking of admission to the country at the American border, for which warrantless searches (i.e., customs inspections) are permitted, or if the transportation is entirely domestic for which a warrant would be required for inspection by the government. Again, I would have an interest in reading the arguments on both sides.

[Eileen G]

To make this simple when we got off the Serenade a couple of weeks ago  there was no customs forms to be filled out. We only had to show our passports as we left the terminal.

[CruiserBruce]

2 hours ago, Eileen G said:

To make this simple when we got off the Serenade a couple of weeks ago  there was no customs forms to be filled out. We only had to show our passports as we left the terminal.

There hasn't been Customs forms at ports...at least not the last two times we sailed 2019 (Seattle) and 2017 (FLL). 

[Lois R]

When I first saw the title of the thread I thought I was reading something like they would not let the ship dock back in Seattle..........😲.  I sailed last month and didn't have to fill out any forms before disembarking either.

[Elaine5715]

5 hours ago, Eileen G said:

To make this simple when we got off the Serenade a couple of weeks ago  there was no customs forms to be filled out. We only had to show our passports as we left the terminal.

 

2 hours ago, CruiserBruce said:

There hasn't been Customs forms at ports...at least not the last two times we sailed 2019 (Seattle) and 2017 (FLL). 

Correct.  You need to request a form  and everything that you are supposed to declared, must be declared as you are still crossing the border,  Custom officials were present and did check citizenship as we returned to Seattle 

[geoherb]

When I purchased a liter of alcohol on the Majestic Princess last month, the sales rep told me I was allowed to bring back two. I don't know how they were checking to see if people had more since we did not have to fill out a Customs form. But perhaps the ship was reporting excess purchases to officials. 

[GTJ]

15 hours ago, geoherb said:

When I purchased a liter of alcohol on the Majestic Princess last month, the sales rep told me I was allowed to bring back two.

 

There's not really any limit to the amount of alcohol that you are allowed to bring into the United States. Anything in excess of one liter (or two liters in the case of certain Caribbean countries) would generally be subject to payment of duty. But so long as you declare and pay the duty there would not generally be much concern.

[rkacruiser]

10 minutes ago, GTJ said:

 

There's not really any limit to the amount of alcohol that you are allowed to bring into the United States. Anything in excess of one liter (or two liters in the case of certain Caribbean countries) would generally be subject to payment of duty. But so long as you declare and pay the duty there would not generally be much concern.

 

I believe you are correct.  Although, some of our States would take a dim "official" view of "importing" liquor into the guest's home State without paying the State taxes on the beverage.  Ohio is one of those States.  But, while the Liquor Control Agency of the State does have "eyes" (at times) at the liquor stores in Northern Kentucky and Eastern Indiana, they aren't going to be at the pier in Seattle or in one's arrival Ohio airport.