On April 17, 2024, the United States Court of Appeals for the Fifth Circuit upheld the Coast Guard’s determination that a vessel is considered “built in the United States” for purposes of coastwise endorsement eligibility notwithstanding its incorporation of a foreign-made crane. Diamond Services Corp. v. Curtin Maritime Corp., et al., No. 23-20118, – F.4th –, 2024 WL 1648002 (5th Cir. Apr. 17, 2024). The decision turned on whether a crane installed on a dredging barge is considered part of the barge’s hull or superstructure.
Background
Curtin Maritime Corporation (“Curtin”) sought a preliminary ruling from the Coast Guard that its dredging barge, the DB AVALON, could operate in the United States. Before a vessel can dredge in U.S. navigable waters, it must meet certain requirements imposed by federal law including a “certificate of documentation [COD] with a coastwise endorsement.” Only vessels “built” or “rebuilt” in the United States are eligible for a coastwise endorsement.
Curtin’s application to the Coast Guard detailed that the AVALON would be constructed with steel at a shipyard in the United States, but the vessel’s spuds and crane would be removed from a foreign vessel and shipped to the United…
