Yes, provided that no other factors trigger the 180-day rule or the goods/passengers-on-board rule. For example, no goods may be unloaded in Cuba other than goods that would be designated as EAR99 or controlled on the Commerce Control List only for anti-terrorism reasons if they had been exported from the United States; and no merchandise may be loaded in Cuba that is not licensed or exempt. Goods entering the United States that remained on board the ship while it docked in a Cuban port are not considered goods carried to or from Cuba or goods in which Cuba or a Cuban national has an interest for purposes of the goods/passengers-on-board rule. Furthermore, such goods are not considered goods that have been located in or transported through Cuba for the purposes of 31 CFR § 515.204, which prohibits the importation of certain merchandise into the United States. For a complete description of the 180-day rule, the goods/passengers-on-board rule, the importation prohibition, and the general licenses and exemptions that apply, see 31 CFR §§ 515.204, 515.206, 515.207, and 515.550.
November 8, 2017