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Old 03-21-2017, 06:00 AM   #1
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Banned antifouling paint in the US

A friend here in the Eastern Caribbean is returning his boat to the US for sale. He has been told that if he enters US waters with a banned antifouling paint (Seahawk 44 I think) that he will have to remove it.

I understand that the banned antifouling paints cannot be sold (or applied?) in the US, but I have never heard that the paint must be removed from the bottom of a boat that has come into the US from outside of the US.

Does anyone have information on the issue as to whether this paint must be removed?

In this specific case the boat is not a US flagged vessel.
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Old 03-21-2017, 07:32 AM   #2
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They have paint police now !

and ..... is it not illegal to sell a non-US boat in US waters ?
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Old 03-21-2017, 08:14 AM   #3
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and ..... is it not illegal to sell a non-US boat in US waters ?
I believe one can sell a non-US flagged vessel in the US. Very frequently done by Canadians who buy boats in the US register them in Canada but pay neither the HST (Canadian Sales Tax) or the Canadian import duty. When it comes time to sell they frequently sell the boat in the US without ever paying these two Canadian taxes.
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Old 03-21-2017, 08:29 AM   #4
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I have notice many times on boat sales websites and bot might have a comment such as "Not for sale in the USA." Someone once explained this to me but I've forgotten the reason.


As for the bottom paint, it may or may not be illegal in the USA, but I don't think anyone checks things like the chemical content of bottom paint. Of course, we don't know what the future might bring in the wackier states on the west coast. I believe one has already banned copper bottom paint starting at some future date.
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Old 03-21-2017, 09:25 AM   #5
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I'd be real interested who told him this. Was it any sort of credible source? Personally I would just ignore it. Who's going to check?

As for the sale issue, I believe it's all about whether the US Import Duty has been paid on the boat. If it is duty paid, then it can be sold in the US to US citizens (a US transaction). If duty has not been paid, then you can't sell it here to US citizens (only non-US transactions allowed).
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Old 03-21-2017, 09:29 AM   #6
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All of the above is either a money grab, or a power grab....

Too much regulation and too much paperwork.
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Old 03-21-2017, 12:12 PM   #7
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Canadians can only avoid the taxes if the boat is not imported into Canada and can only avoid the import duty if its Canadian or US manufacture.
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Old 03-21-2017, 12:13 PM   #8
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I'd be real interested who told him this. Was it any sort of credible source? Personally I would just ignore it. Who's going to check?

As for the sale issue, I believe it's all about whether the US Import Duty has been paid on the boat. If it is duty paid, then it can be sold in the US to US citizens (a US transaction). If duty has not been paid, then you can't sell it here to US citizens (only non-US transactions allowed).
This is my understanding.

Interesting side comment. Friends of mine here in St. Lucia are selling a UK registered boat, bought in the US and US duty paid. The closing to another UK couple cannot take place in St. Lucia without paying a 22% duty on the boat to St. Lucia. Thus it is off to Martinique to close the sale.
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Old 03-21-2017, 12:29 PM   #9
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I have never heard about the paint issue.
Bay Pelican says the boat is not US flagged but he does not say where it was built. If it is US built then a Customs Entry for "US built returned goods" must be filed with customs and there is no duty. If it was built in a few countries that have duty agreements like Canada (NAFTA) or Turkey, then no duty is due. If it was built in Taiwan, China, Europe or most other countries than a 1.5% duty needs to be paid to sell in the US. The 1.5% would be on 75% of the asking price. There is more to this of course, a customs broker that knows boats should be used. 1.5% of the asking price is very low compared to most countries and the penalty for non-compliance could be the value of the boat.
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Old 03-21-2017, 12:36 PM   #10
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It is banned in the State of Washington. Not the whole U.S. I think California will also be adopting the same rules.


Washington state phases out copper-based bottom paint: what the legislation means for you and what the alternatives are | Clean Boating Foundation
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Old 03-21-2017, 12:38 PM   #11
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I have never heard about the paint issue.
Bay Pelican says the boat is not US flagged but he does not say where it was built. If it is US built then a Customs Entry for "US built returned goods" must be filed with customs and there is no duty. If it was built in a few countries that have duty agreements like Canada (NAFTA) or Turkey, then no duty is due. If it was built in Taiwan, China, Europe or most other countries than a 1.5% duty needs to be paid to sell in the US. The 1.5% would be on 75% of the asking price. There is more to this of course, a customs broker that knows boats should be used. 1.5% of the asking price is very low compared to most countries and the penalty for non-compliance could be the value of the boat.
Thanks, the US duty was a side issue and I did not originally explain that the US duty on this boat has already been paid and the prior owner was a US citizen and the boat was US flagged.
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Old 03-21-2017, 02:54 PM   #12
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It is banned in the State of Washington. Not the whole U.S. I think California will also be adopting the same rules.


Washington state phases out copper-based bottom paint: what the legislation means for you and what the alternatives are | Clean Boating Foundation
As I read it, that law wouldn't prevent what the OP wants to do. The law prevents new boat sales with high copper paint, and it prevents sale of high copper paints. It doesn't outlaw what's on your boat today, nor prevent anyone from bringing such a boat into WA.
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Old 03-21-2017, 03:53 PM   #13
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Originally Posted by Bay Pelican View Post
A friend here in the Eastern Caribbean is returning his boat to the US for sale. He has been told that if he enters US waters with a banned antifouling paint (Seahawk 44 I think) that he will have to remove it.

.
Sounds like fear mongering to me. I've never heard of an issue and I can't imagine with all the imported boats in South Florida that, if this was an issue, I wouldn't have heard and wouldn't be able to even google and find any issues.
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Old 03-21-2017, 04:11 PM   #14
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As I read it, that law wouldn't prevent what the OP wants to do. The law prevents new boat sales with high copper paint, and it prevents sale of high copper paints. It doesn't outlaw what's on your boat today, nor prevent anyone from bringing such a boat into WA.
It also states that you will be prevented on selling a used boat if the bottom has cooper bottom paint...
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Old 03-21-2017, 05:52 PM   #15
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It also states that you will be prevented on selling a used boat if the bottom has cooper bottom paint...
If that's the case, what a new business for boat yards to strip off bottom paint that contains copper. Think about the boats that have been using Trinidad SR or comperable copper containing paints for the last 20 years.
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Old 03-21-2017, 08:56 PM   #16
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It also states that you will be prevented on selling a used boat if the bottom has cooper bottom paint...
I'm not seeing that, either in the article or in the actual Bill. I only see two provisions.

1) Can't sell a NEW recreational boat with the offending paint.

2) Can't sell the offending paint itself.

Both have phase in dates.
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Old 03-21-2017, 09:07 PM   #17
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I'm not seeing that, either in the article or in the actual Bill. I only see two provisions.

1) Can't sell a NEW recreational boat with the offending paint.

2) Can't sell the offending paint itself.

Both have phase in dates.
That's the way I read it as well. What are they going to do, hire divers to scrape all the boats in marinas to test for copper bottom paint?

As for the phase in dates, that's the way elected officials work with unpopular legislation. By the time the law goes into effect, the voters have forgotten who voted for it.
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Old 03-22-2017, 09:03 AM   #18
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Too much regulation and too much paperwork.

And not just restricted to boats!!!!!!!!
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Old 03-22-2017, 10:55 AM   #19
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.........Too much regulation and too much paperwork.
There's a hope that this will change over the next eight years, at least at the federal level.
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Old 03-22-2017, 11:00 AM   #20
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It must have been in an earlier bill I saw that stated by 2020 no boat could be sold, new or used with copper paint.
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