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46 U.S.C. § 55102 — Transportation of merchandise
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** In this section, the term “merchandise” includes—
(1) merchandise owned by the United States Government, a State, or a subdivision of a State; and
(2) valueless material.
**(b) Requirements.—** Except as otherwise provided in this chapter or chapter 121 of this title, a vessel may not provide any part of the transportation of merchandise by water, or by land and water, between points in the United States to which the coastwise laws apply, either directly or via a foreign port, unless the vessel—
(1) is wholly owned by citizens of the United States for purposes of engaging in the coastwise trade; and
(2) has been issued a certificate of documentation with a coastwise endorsement under chapter 121 or is exempt from documentation but would otherwise be eligible for such a certificate and endorsement.
**(c) Penalty.—** Merchandise transported in violation of subsection (b) is liable to seizure by and forfeiture to the Government. Alternatively, an amount equal to the value of the merchandise (as determined by the Secretary of Homeland Security) or the actual cost of the transportation, whichever is greater, may be recovered from any person transporting the merchandise or causing the merchandise to be transported.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 55102
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Stable record: federal_law:legal_authorities:record_usc_4031140ff21fbb89b803a768
Source file: Laws/federal/codes/united-states-code/title-46/section-55102-transportation-of-merchandise--dc053eebb4.md
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Passage SHA-256: c603aa2ef446b60c3ed4a07f4f38e6891ab48692b66f2b377270482aea2f827c
Source location: Title 46, Chapter 551, § 55102; chapter-551-coastwise-trade.md
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**(a) Definition.—** In this section, the term “merchandise” includes—
(1) merchandise owned by the United States Government, a State, or a subdivision of a State; and
(2) valueless material.
**(b) Requirements.—** Except as otherwise provided in this chapter or chapter 121 of this title, a vessel may not provide any part of the transportation of merchandise by water, or by land and water, between points in the United States to which the coastwise laws apply, either directly or via a foreign port, unless the vessel—
(1) is wholly owned by citizens of the United States for purposes of engaging in the coastwise trade; and
(2) has been issued a certificate of documentation with a coastwise endorsement under chapter 121 or is exempt from documentation but would otherwise be eligible for such a certificate and endorsement.
**(c) Penalty.—** Merchandise transported in violation of subsection (b) is liable to seizure by and forfeiture to the Government. Alternatively, an amount equal to the value of the merchandise (as determined by the Secretary of Homeland Security) or the actual cost of the transportation, whichever is greater, may be recovered from any person transporting the merchandise or causing the merchandise to be transported.
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Federal law — U.S. Code and appendices · legal_authorities
With the consent of the proper authorities, imported merchandise, in bond or duty-paid, and products and manufactures of the United States may be transported from one port to another in the United States through contiguous countries, under such regulations as the Secretary of the Treasury shall prescribe, unless such transportation is in violation of section 4347 of the Revised Statutes, as amended, [section 55102 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55102&num=0&edition=prelim), or [section 1588 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1588&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1554
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The transportation of hazardous waste, as defined in section 1004(5) of the Resource Conservation and Recovery Act of 1976 ([42 U.S.C. 6903(5)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6903/5&num=0&edition=prelim)), from a point in the United States to sea for incineration is deemed to be transportation of merchandise under [section 55102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55102&num=0&edition=prelim).
**(b) Nonapplication to Certain Foreign Vessels.—**
(1) **In general.—** — Subsection (a) does not apply to transportation performed by a foreign ocean incineration vessel owned by or under construction on May 1, 1982, for a corporation wholly owned by citizens of the United States under section 50501(a)–(c) of this title.
(2) **Standards for incineration equipment.—** — Incineration equipment on a vessel described in paragraph (1) must meet standards of the Coast Guard and the Environmental Protection Agency.
(3) **Inspection.—** — A vessel described in paragraph (1) shall be inspected by the Coast Guard, regardless of whether inspected by the nation in which it is registered. The inspection shall be the same as would be required of a vessel of the United States, including drydock inspection and internal examination of tanks and void spaces. The inspection may be made concurrently with an inspection by that nation or within one year after the initial issuance or next scheduled issuance of the Safety of Life at Sea Safety Construction Certificate. In making the inspection, the Coast Guard shall refer to the condition of the hull and superstructure established by the initial foreign certification as the basis for evaluating the current condition of the hull an
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 55105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** On terms and conditions the Secretary of Homeland Security may prescribe by regulation, the Secretary may suspend the application of [section 55102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55102&num=0&edition=prelim) to the transportation of merchandise that is transferred, when moving in the foreign trade of the United States, from a barge certified by the owner or operator as designed specifically for carriage on a vessel and carried regularly on a vessel in foreign trade, to another such barge owned or leased by the same owner or operator. However, this subsection does not apply to transportation between the continental United States and noncontiguous States, territories, or possessions to which the coastwise laws apply.
**(b) Reciprocity Requirement for Foreign Vessels.—** This section applies to a vessel of foreign registry only if the Secretary of Homeland Security finds, based on information from the Secretary of State, that the government of the nation of registry extends reciprocal privileges to vessels of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 55106
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Subject to subsections (b) and (c), and on terms and conditions the Secretary of Homeland Security may prescribe by regulation, [section 55102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55102&num=0&edition=prelim) does not apply to the transportation of—
(1) empty cargo vans, empty lift vans, or empty shipping tanks;
(2) equipment for use with cargo vans, lift vans, or shipping tanks;
(3) empty barges specifically designed for carriage aboard a vessel and equipment (except propulsion equipment) for use with those barges;
(4) empty instruments for international traffic exempted from the customs laws under section 322(a) of the Tariff Act of 1930 ([19 U.S.C. 1322(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1322/a&num=0&edition=prelim)); or
(5) stevedoring equipment and material.
**(b) Conditions.—**
(1) **Paragraphs (1)–(4).—** — Paragraphs (1)–(4) of subsection (a) apply only if the items named are owned or leased by the owner or operator of the vessel and transported for its use in handling its cargo in foreign trade.
(2) **Paragraph (5).—** — Paragraph (5) of subsection (a) applies only if the items named are—
(A) owned or leased by the owner or operator of the vessel or by the stevedoring company having the contract for the loading or unloading of the vessel; and
(B) transported without charge for use in the handling of cargo in foreign trade.
**(c) Reciprocity Requirement for Foreign Vessels.—** This section applies to a vessel of foreign registry only if the Secretary of Homeland Security finds, based on information from the Secretary of State, that the government of the nation of registry extends reciprocal privileges to vessels of the United Stat
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 55107
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) **Coastwise qualified vessel.—** — The term “coastwise qualified vessel” means a vessel that has been issued a certificate of documentation with a coastwise endorsement under chapter 121 of this title.
(2) **Platform jacket.—** — The term “platform jacket” refers to a single physical component and includes any type of offshore exploration, development, or production structure or component thereof, including—
(A) platform jackets;
(B) tension leg or SPAR platform superstructures (including the deck, drilling rig and support utilities, and supporting structure);
(C) hull (including vertical legs and connecting pontoons or vertical cylinder);
(D) tower and base sections of a platform jacket;
(E) jacket structures; and
(F) deck modules (known as “topsides”).
**(b) Authorized Transportation.—** [Section 55102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55102&num=0&edition=prelim) does not apply to the transportation of a platform jacket in or on a non-coastwise qualified launch barge between two points in the United States, at one of which there is an installation or other device within the meaning of section 4(a) of the Outer Continental Shelf Lands Act ([43 U.S.C. 1333(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1333/a&num=0&edition=prelim)), if—
(1) the launch barge was built before December 31, 2000, and has a launch capacity of at least 12,000 long tons; and
(2) the Secretary of Transportation makes a determination, in accordance with procedures established under subsection (c), that a suitable coastwise qualified vessel is not available for use in the transportation and, if needed, launch or installation of a platform jack
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 55108
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
[Section 55102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55102&num=0&edition=prelim) applies to the transportation of valueless material or dredged material, regardless of whether it has commercial value, from a point in the United States or on the high seas within the exclusive economic zone, to another point in the United States or on the high seas within the exclusive economic zone.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 55110
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
[Section 55102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55102&num=0&edition=prelim) does not apply to supplies aboard a United States documented fish processing vessel that are necessary and used for processing or assembling fishery products aboard such a vessel.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 55115
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
[Section 55102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55102&num=0&edition=prelim) does not apply to the transportation of merchandise between points in the continental United States, including Alaska, over through routes in part over Canadian rail lines and connecting water facilities if the routes are recognized by the Surface Transportation Board and rate tariffs for the routes have been filed with the Board.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 55116
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Federal law — U.S. Code and appendices · legal_authorities
[Section 55102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55102&num=0&edition=prelim) does not apply to the transportation of merchandise loaded on a railroad car or to a motor vehicle with or without a trailer, and with its passengers or contents when accompanied by the operator, when the railroad car or motor vehicle is transported in a railroad car ferry operated between fixed terminals on the Great Lakes as part of a rail route, if—
(1) the car ferry is owned by a common carrier by water and operated as part of a rail route with the approval of the Surface Transportation Board;
(2) the stock of the common carrier by water, or its predecessor, was owned or controlled by a common carrier by rail prior to June 5, 1920;
(3) the stock of the common carrier owning the car ferry is, with the approval of the Board, now owned or controlled by a common carrier by rail; and
(4) the car ferry is built in and documented under the laws of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 55117
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Federal law — U.S. Code and appendices · legal_authorities
[Section 55102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55102&num=0&edition=prelim) does not apply to the transportation of merchandise on the Yukon River until the Alaska Railroad is completed and the Secretary of Transportation finds that proper facilities will be available for transportation by citizens of the United States to properly handle the traffic.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 55119
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.