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46 U.S.C. § 55107 — Empty cargo containers and barges

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 55107 — Empty cargo containers and barges

**(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

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Source location: Title 46, Chapter 551, § 55107; chapter-551-coastwise-trade.md

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 55102 — Transportation of merchandise

**(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

19 U.S.C. § 1322 — International traffic and rescue work; United States-Mexico Boundary Treaty of 1970

**(a) Vehicles and other instruments of international traffic except communications satellites** Vehicles and other instruments of international traffic, of any class specified by the Secretary of the Treasury, shall be excepted from the application of the customs laws to such extent and subject to such terms and conditions as may be prescribed in regulations or instructions of the Secretary of the Treasury. The authority delegated to the Secretary by this subsection shall not extend to communications satellites and components and parts thereof. **(b) Rescue and relief equipment; personal property related to use of land under United States-Mexico Boundary Treaty of 1970; forfeit of articles to United States** The Secretary of the Treasury may provide by regulation or instruction for the admission, without entry and without the payment of any duty or tax imposed upon or by reason of importation, of— (1) aircraft, equipment, supplies, and spare parts for use in searches, rescues, investigations, repairs, and salvage in connection with accidental damage to aircraft; (2) fire-fighting and rescue and relief equipment and supplies for emergent temporary use in connection with conflagrations; (3) rescue and relief equipment and supplies for emergent temporary use in connection with floods and other disasters; and (4) personal property related to the use and enjoyment of a separated tract of land as described in article III of the Treaty To Resolve Pending Boundary Differences and Maintain the Rio Grande and Colorado Rivers as the International Boundary between the United States of America and the United Mexican States signed on November 23, 1970. Any articles admitted under the authority of this subsection and used otherwise than for a purpose herein expressed, or not exp

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1322

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1322 — International traffic and rescue work;

Page 103 TITLE 19—CUSTOMS DUTIES § 1323 [amending this section] shall apply with respect to ar- ticles arriving in the United States on or after October 1, 1965.’’ EFFECTIVE DATE OF 1961 AMENDMENT Pub. L. 87–261, § 2(d), Sept. 21, 1961, 75 Stat. 541, pro- vided that: ‘‘The amendments made by subsections (a), (b), and (c) [amending this section and former section 1201 of this title] shall apply with respect to persons ar- riving in the United States on or after the 30th day after the date of the enactment of this Act [Sept. 21, 1961].’’ EFFECTIVE DATE OF 1953 AMENDMENT; SAVINGS PROVISION Amendment by act Aug. 8, 1953, effective on and after thirtieth day following Aug. 8, 1953, and savings provi- sion, see notes set out under section 1304 of this title. EFFECTIVE DATE Section effective on thirtieth day following June 25, 1938, except as otherwise specifically provided, see sec- tion 37 of act June 25, 1938, set out as an Effective Date of 1938 Amendment note under section 1401 of this title. § 1322. International traffic and rescue work; United States-Mexico Boundary Treaty of 1970 (a) Vehicles and other instruments of inter- national traffic except communications sat- ellites Vehicles and other instruments of inter- national traffic, of any class specified by the Secretary of the Treasury, shall be excepted from the application of the customs laws to such extent and subject to such terms and conditions as may be prescribed in regulations or instruc- tions of the Secretary of the Treasury. The au- thority delegated to the Secretary by this sub- section shall not extend to communications sat- ellites and components and parts thereof. (b) Rescue and relief equipment; personal prop- erty related to use of land under United States-Mexico Boundary Treat

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 55107 — Empty cargo containers and barges

Page 477 TITLE 46—SHIPPING § 55107 if satisfied they are equivalent and at least as effective as those required for vessels of the United States. A satisfactory inspection under this paragraph shall be certified in writing by the Secretary of Homeland Security. (c) EFFECTIVE DATE.—Subsection (a) is not ef- fective until an appropriate vessel has been built and documented under chapter 121 of this title. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1634; Pub. L. 109–241, title IX, § 902(o), July 11, 2006, 120 Stat. 569; Pub. L. 110–181, div. C, title XXXV, § 3525(a)(4), (b), Jan. 28, 2008, 122 Stat. 601.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55105 .......... 46 App.:883 (2d–6th sentences, last sentence less pro- visos). June 5, 1920, ch. 250, § 27 (2d–6th sentences, last sentence less provisos), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 97–389, title V, § 502, Dec. 29, 1982, 96 Stat. 1954. In subsection (a), the words ‘‘after December 31, 1983’’ are omitted as obsolete. The words ‘‘transportation of merchandise under section 55102 of this title’’ are sub- stituted for ‘‘For the purposes of this section’’ and ‘‘transportation by water of merchandise between points in the United States’’ for consistency with sec- tion 55102. In subsection (b)(2), the words ‘‘all current’’ are omit- ted as surplus. Subsection (c) is substituted for ‘‘or after such time as an appropriate vessel has been constructed and docu- mented as a vessel of the United States’’ to improve the organization. Editorial Notes REFERENCES IN TEXT Section 1004(5) of the Resource Conservation and Re- covery Act of 1976 (42 U.S.C. 6903(5)), referred to in sub- sec. (a), probably means section 1004(5) o

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