states from Samoa is not subject to customs duties because it is 

 not imported from a foreign country. 



You then ask: "If United States legislation were enacted 

 establishing an quota and/or duty with reference to fresh and 

 frozen tuna imports, woiild it apply to fresh and frozen tuna 

 landed in American Samoa by a foreign country (provided of 

 course that American Samoa were not especially dealt with in 

 such legislation)?" 



If the legislation provided for a quota on United States im- 

 ports, without more, it would not apply to imports into American 

 Samoa because American Samoa is not a part of the customs territory 

 of the United States. 



■Whether or not a quota on "imports" of tiina woiild apply to 

 shipments from Samoa of tuna landed there by a foreign country 

 would depend on the answer to the question whether shipments from 

 Samoa are "importations" for tariff purposes. Since American Samoa 

 is a possession of the United States, it is not a foreign country 

 and shipments therefrom would not be importations into the United 

 States, if the merchandise had actually been importdd into Samoa 

 as distinguished from passing through Samoa in transit. 



You also ask whether Public Law 701, 8lst Congress, prohibits 

 the landing in American Samoa of fresh and frozen tuna fish by a 

 Japanese flag mother ship or fishing vessel proceeding there as 

 such or as a cargo vessel direct from fishing grounds on the high 

 seas. You inquire in addition whether such law prohibits the 

 landing there by a United States flag vessel of fish cargo acquired 

 by direct transfer on the high seas from a Japanese flag mother ship. 



Except as other wise permitted by treaty or convention, section 

 li311 of the Revised Statutes (U6 U.S.C. 2^1), as amended by the 

 Act of September 2, 1950 (61; Stat. 577), prohibits a foreign-flag 

 vessel, whether documented as a cargo vessel or otherwise, from 

 landing in a port of the United States its catch of fish taken on 

 board on the high seas or fish products processed therefrom, or any 

 fish or fish products taken on board such vessel on the high seas 

 from a vessel engaged in fishing operations or in the processing of 

 fish or fish products. 



The Bureau is of the opinion that the statute does not apply 



243 



