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46 U.S.C. § 46106 — Annual report and public disclosure

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

46 U.S.C. § 46106 — Annual report and public disclosure

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Stable record: federal_law:legal_authorities:record_usc_c060bd06b4c8b69b4657486b
Source file: Laws/federal/codes/united-states-code/title-46/section-46106-annual-report-and-public-disclosure--4b18ce0970.md
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Source location: Title 46, Chapter 461, § 46106; chapter-461-federal-maritime-commission.md

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**(a) In General.—** Not later than April 1 of each year, the Federal Maritime Commission shall submit a report to Congress. The report shall include the results of its investigations, a summary of its transactions, the purposes for which all of its expenditures were made, and any recommendations for legislation. **(b) Report on Foreign Laws and Practices.—** The Commission shall include in its annual report to Congress— (1) a list of the 20 foreign countries that generated the largest volume of oceanborne liner cargo for the most recent calendar year in bilateral trade with the United States; (2) an analysis of conditions described in [section 42302(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section42302/a&num=0&edition=prelim) being investigated or found to exist in foreign countries; (3) any actions being taken by the Commission to offset those conditions; (4) any recommendations for additional legislation to offset those conditions; (5) a list of petitions filed under [section 42302(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section42302/b&num=0&edition=prelim) that the Commission rejected and the reasons for each rejection; (6) an analysis of the impacts on competition for the purchase of certain covered services by alliances of ocean common carriers acting pursuant to an agreement under this part 11 See References in Text note below. between or among ocean common carriers, including a summary of actions, including corrective actions, taken by the Commission to promote such competition; and (7) an identification of any otherwise concerning practices by ocean common carriers, particularly such carriers that are controlled carriers, that are— (A) State-owned or State-controlled enterprises; or (B) owned or controlled by, a subsidiary of, or otherwise related legally or financially (other than a minority relationship or investment) to a corporation based in a country— (i) identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 ([19 U.S.C. 1677(18)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677/18&num=0&edition=prelim))) as of the date of enactment of this paragraph; (ii) identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 ([19 U.S.C. 2242](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2242&num=0&edition=prelim)) as a priority foreign country under subsection (a)(2) of that section; or (iii) subject to monitoring by the United States Trade Representative under section 306 of the Trade Act of 1974 ([19 U.S.C. 2416](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2416&num=0&edition=prelim)). **(c) Definition of Certain Covered Services.—** In this section, the term “certain covered services” has the meaning given the term in section 40102. **(d) Public Disclosures.—** The Federal Maritime Commission shall publish, and annually update, on the website of the Commission— (1) all findings by the Commission of false detention and demurrage invoice information by common carriers under [section 41104(a)(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section41104/a/15&num=0&edition=prelim); and (2) all penalties imposed or assessed against common carriers, as applicable, under sections 41107, 41108, and 41109, listed by each common carrier.

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

19 U.S.C. § 2416 — Determinations by Trade Representative

**(a) In general** (1) On the basis of the investigation initiated under [section 2412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2412&num=0&edition=prelim) and the consultations (and the proceedings, if applicable) under [section 2413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2413&num=0&edition=prelim), the Trade Representative shall— (A) determine whether— (i) the rights to which the United States is entitled under any trade agreement are being denied, or (ii) any act, policy, or practice described in subsection (a)(1)(B) or (b)(1) of [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim) exists, and (B) if the determination made under subparagraph (A) is affirmative, determine what action, if any, the Trade Representative should take under subsection (a) or (b) of [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim). (2) The Trade Representative shall make the determinations required under paragraph (1) on or before— (A) in the case of an investigation involving a trade agreement, except an investigation initiated pursuant to [section 2412(b)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2412/b/2/A&num=0&edition=prelim) involving rights under the Agreement on Trade-Related Aspects of Intellectual Property Rights (referred to in [section 3511(d)(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3511/d/15&num=0&edition=prelim)) or the GATT 1994 (as defined in [section 3501(1)(B) of this title](https://usco

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

19 U.S.C. § 2242 — Independent budget and authorization of appropriations

Effective with respect to the fiscal year beginning October 1, 1976, for purposes of chapter 11 of title 31, estimated expenditures and proposed appropriations for the United States International Trade Commission shall be transmitted to the President on or before October 15 of the year preceding the beginning of each fiscal year and shall be included by him in the Budget without revision, and the Commission shall not be considered to be a department or establishment for purposes of such chapter.

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

19 U.S.C. § 1677 — Definitions; special rules

For purposes of this subtitle— (1) **Administering authority** — The term “administering authority” means the Secretary of Commerce, or any other officer of the United States to whom the responsibility for carrying out the duties of the administering authority under this subtitle are transferred by law. (2) **Commission** — The term “Commission” means the United States International Trade Commission. (3) **Country** — The term “country” means a foreign country, a political subdivision, dependent territory, or possession of a foreign country, and, except for the purpose of antidumping proceedings, may include an association of 2 or more foreign countries, political subdivisions, dependent territories, or possessions of countries into a customs union outside the United States. (4) **Industry** (A) *In general* — The term “industry” means the producers as a whole of a domestic like product, or those producers whose collective output of a domestic like product constitutes a major proportion of the total domestic production of the product. (B) *Related parties* (i) If a producer of a domestic like product and an exporter or importer of the subject merchandise are related parties, or if a producer of the domestic like product is also an importer of the subject merchandise, the producer may, in appropriate circumstances, be excluded from the industry. (ii) For purposes of clause (i), a producer and an exporter or importer shall be considered to be related parties, if— (I) the producer directly or indirectly controls the exporter or importer, (II) the exporter or importer directly or indirectly controls the producer, (III) a third party directly or indirectly controls the producer and the exporter or importer, or (IV) the producer

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

19 U.S.C. § 1677 — Definitions; special rules

Page 381 TITLE 19—CUSTOMS DUTIES § 1677 §§ 233(a)(5)(Z), (AA), 270(a)(1)(J), Dec. 8, 1994, 108 Stat. 4900, 4917.) Editorial Notes AMENDMENTS 1994—Subsec. (a)(1). Pub. L. 103–465, §§ 233(a)(5)(Z), 270(a)(1)(J), inserted ‘‘countervailable’’ before ‘‘sub- sidy’’ in two places and substituted ‘‘subject merchan- dise’’ for ‘‘merchandise subject to the agreement’’. Subsec. (b)(2). Pub. L. 103–465, § 233(a)(5)(AA), sub- stituted ‘‘subject merchandise’’ for ‘‘merchandise sub- ject to the order’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to in- vestigations, reviews, and inquiries initiated and peti- tions filed under specified provisions of this chapter after such date, see section 291 of Pub. L. 103–465, set out as a note under section 1671 of this title. EFFECTIVE DATE Section applicable with respect to investigations ini- tiated by petition or by the administering authority under parts I and II of this subtitle, or reviews begun under section 1675 of this title, on or after Oct. 30, 1984, see section 626(b)(1) of Pub. L. 98–573, as amended, set out as an Effective Date of 1984 Amendment note under section 1671 of this title. PART IV—GENERAL PROVISIONS Editorial Notes CODIFICATION The designation ‘‘PART IV’’ was in the original ‘‘Sub- title D’’ and was editorially changed in order to con- form the numbering format of this subtitle to the us- ages employed in the codification of the remainder of the Tariff Act of 1930 as originally enacted. § 1677. Definitions; special rules For purposes of this subtitle— (1) Administer

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

19 U.S.C. § 2242 — Identification of countries that deny ade-

Page 556 TITLE 19—CUSTOMS DUTIES § 2242 [amending this section and enacting provisions set out under this section] shall be construed to expand the duty of any person to collect or pay taxes beyond that which existed immediately before the date of the enact- ment of this Act [Oct. 21, 1998].’’ Pub. L. 105–277, div. C, title XII, § 1205, Oct. 21, 1998, 112 Stat. 2681–728, provided that: ‘‘Nothing in this title [amending this section and enacting provisions set out under this section] shall limit or otherwise affect the implementation of the Telecommunications Act of 1996 (Public Law 104–104) [see Short Title of 1996 Amend- ment note set out under section 609 of Title 47, Tele- communications] or the amendments made by such Act.’’ DECLARATION THAT THE INTERNET SHOULD BE FREE OF FOREIGN TARIFFS, TRADE BARRIERS, AND OTHER RE- STRICTIONS Pub. L. 105–277, div. C, title XII, § 1203, Oct. 21, 1998, 112 Stat. 2681–727, provided that: ‘‘(a) IN GENERAL.—It is the sense of Congress that the President should seek bilateral, regional, and multilat- eral agreements to remove barriers to global electronic commerce through the World Trade Organization, the Organization for Economic Cooperation and Develop- ment, the Trans-Atlantic Economic Partnership, the Asia Pacific Economic Cooperation forum, the Free Trade Area of the America, the North American Free Trade Agreement, and other appropriate venues. ‘‘(b) NEGOTIATING OBJECTIVES.—The negotiating ob- jectives of the United States shall be— ‘‘(1) to assure that electronic commerce is free from— ‘‘(A) tariff and nontariff barriers; ‘‘(B) burdensome and discriminatory regulation and standards; and ‘‘(C) discriminatory taxation; and ‘‘(2) to accelerate the growth of electronic com- merce by expanding market access o

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

19 U.S.C. § 2416 — Monitoring of foreign compliance

Page 668 TITLE 19—CUSTOMS DUTIES § 2416 1988—Pub. L. 100–418 amended section generally, sub- stituting provisions relating to implementation of ac- tions for provisions relating to requests for informa- tion. See section 2418 of this title. 1984—Subsec. (c). Pub. L. 98–573 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–418 applicable to petitions filed, and investigations initiated, under section 2412 of this title on or after Aug. 23, 1988, and petitions filed, and investigations initiated, before Aug. 23, 1988, if by such date no decision had been made under section 2414 of this title regarding the petition or investigation, see section 1301(c) of Pub. L. 100–418, set out as a note under section 2411 of this title. § 2416. Monitoring of foreign compliance (a) In general The Trade Representative shall monitor the implementation of each measure undertaken, or agreement that is entered into, by a foreign country to provide a satisfactory resolution of a matter subject to investigation under this sub- chapter or subject to dispute settlement pro- ceedings to enforce the rights of the United States under a trade agreement providing for such proceedings. (b) Action on the basis of monitoring (1) In general If, on the basis of the monitoring carried out under subsection (a), the Trade Representative considers that a foreign country is not satis- factorily implementing a measure or agree- ment referred to in subsection (a), the Trade Representative shall determine what further action the Trade Representative shall take under section 2411(a) of this title. For purposes of section 2411 of this title, any such deter- mination shall be treated as a determination made under section

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

46 U.S.C. § 46106 — Annual report and public disclosure

Page 324 TITLE 46—SHIPPING § 46106 1 See References in Text note below. ly identify for each unfinished regulatory pro- ceeding— (A) the popular title; (B) the current stage of the proceeding; (C) an abstract of the proceeding; (D) what prompted the action in question; (E) any applicable statutory, regulatory, or judicial deadline; (F) the associated docket number; (G) the date the rulemaking was initiated; (H) a date for the next action; and (I) if a date for the next action identified in the previous report is not met, the reason for the delay. (Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1489, § 305; renumbered § 46105 and amended Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], §§ 8603, 8605(a)(3), Jan. 1, 2021, 134 Stat. 4761, 4765.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 305 ............. 46 App.:1111(c) (re- lated to rules and regulations). June 29, 1936, ch. 858, title II, § 201(c) (related to rules and regulations), 49 Stat. 1986. 46 App.:1716. Pub. L. 98–237, § 17, Mar. 20, 1984, 98 Stat. 84. The words ‘‘to carry out its duties and powers’’ are substituted for ‘‘in regard to its procedure and the con- duct of its business’’ in 46 App. U.S.C. 1111(c) and ‘‘to carry out this chapter’’ in 46 App. U.S.C. 1716(a) for con- sistency in the revised title. The text of 46 App. U.S.C. 1716(b) is omitted as executed and obsolete. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 8605(a)(3), renumbered section 305 of this title as this section. Pub. L. 116–283, § 8603, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Statutory Notes and Related Subsidiaries TRANSPARENCY IN UNFINISHED REGULATORY PROCEEDINGS Pub. L. 115–282, title VII, § 712,

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