1. Excise tax on gross receipts derived from cruises
“II Ad valorem tax
“4476. Imposition of tax
“(a) In general—In addition to any other tax, there is hereby imposed a tax of 5 percent of the allocable amount with respect to any covered passenger cruise.
“(b) By whom paid—The tax imposed by this section shall be paid by the person providing the covered passenger cruise.
“4477. Definitions
“For purposes of this section—
“(1) Covered passenger cruise
“(A) In general—The term covered passenger cruise means a voyage of a commercial passenger cruise vessel—
“(i) that extends over 1 or more nights, and
“(ii) during which passengers embark or disembark the vessel in the United States.
“(B) Exceptions for certain voyages—Such term shall not include any voyage—
“(i) on any vessel owned or operated by the United States, a State, or any subdivision thereof,
“(ii) which occurs exclusively on the inland waterways of the United States, or
“(iii) in which a vessel in the usual course of employment proceeds, without an intervening foreign port of call from one port or place in the United States to the same port or place or to another port or place in the United States.
“(2) Passenger cruise vessel
“(A) In general—The term passenger cruise vessel means any passenger vessel—
“(i) having berth or stateroom accommodations for at least 250 passengers, and
“(ii) that is used in the business of carrying passengers for hire.
“(B) Exceptions—Such term shall not include any ferry, recreational vessel, sailing school vessel, small passenger vessel, offshore supply vessel, or any other vessel determined under regulations by the Secretary to be excluded from the application of this part.
“(C) Definitions—Any term used in this section which is used in chapter 21 of title 46, United States Code, shall have the meaning given such term under section 2101 of such title.
“(3) Allocable amount—The term allocable amount means—
“(A) in the case in which a majority of the passengers on any covered passenger cruise embark or disembark in the United States, 100 percent of the gross receipts attributable to such covered passenger cruise, and
“(B) in any other case, 50 percent of the gross receipts attributable to such covered passenger cruise.
“(4) United States—The term United States includes any possession of the United States.”
“B Transportation by water
“I Per passenger tax”