MaritimeFedWatch

On January 7, 2022, Customs and Border Protection sent letters to three trade associations declining to revisit its March 25, 2021, Jones Act ruling on the definition of a “point in the United States” for purposes of installing scour protection or foundations for an offshore wind farm.  The letters were made available on February 9, 2022, in response to a Freedom of Information Act request.  As a result, CBP’s March 25, 2021 ruling remains the best available guidance on what a foreign-flag vessel can lawfully do with respect to the installation of foundations or scour protection on the U.S. outer continental shelf in compliance with the Jones Act.