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46 U.S.C. § 55106 — Merchandise transferred between barges
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.
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Source location: Title 46, Chapter 551, § 55106; chapter-551-coastwise-trade.md
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**(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.
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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.
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 55106
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