2016 US Code
Title 46 - Shipping
Subtitle IV - Regulation of Ocean Shipping
Part B - Actions to Address Foreign Practices
Chapter 423 - Foreign Shipping Practices
Sec. 42304 - Action against foreign carriers

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Citation 46 U.S.C. § 42304 (2016)
Section Name §42304. Action against foreign carriers
Section Text

(a) In General.—Subject to section 42306 of this title, whenever the Federal Maritime Commission, after notice and opportunity for comment or hearing, determines that the conditions specified in section 42302(a) of this title exist, the Commission shall take such action to offset those conditions as it considers necessary and appropriate against any foreign carrier that is a contributing cause, or whose government is a contributing cause, to those conditions. The action may include—

(1) limitations on voyages to and from United States ports or on the amount or type of cargo carried;

(2) suspension, in whole or in part, of any or all tariffs and service contracts, including an ocean common carrier's right to use any or all tariffs and service contracts of conferences in United States trades of which it is a member for any period the Commission specifies;

(3) suspension, in whole or in part, of an ocean common carrier's right to operate under any agreement filed with the Commission, including any agreement authorizing preferential treatment at terminals, preferential terminal leases, space chartering, or pooling of cargo or revenue with other ocean common carriers; and

(4) a fee not to exceed $1,000,000 per voyage.


(b) Consultation.—The Commission may consult with, seek the cooperation of, or make recommendations to other appropriate agencies of the United States Government prior to taking any action under subsection (a).

Source Credit

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1553.)

Editorial Notes
Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
42304(a) 46 App.:1710a(e)(1). Pub. L. 100–418, title X, §10002(e)(1), (2), Aug. 23, 1988, 102 Stat. 1571; Pub. L. 105–258, title I, §111(5), (6), Oct. 14, 1998, 112 Stat. 1911.
42304(b) 46 App.:1710a(e)(2).

In subsection (a), the words "Subject to section 42306 of this title" are added to alert the reader to the application of that section.

Publication Title United States Code, 2012 Edition, Supplement 4, Title 46 - SHIPPING
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 46 - SHIPPING
Subtitle IV - Regulation of Ocean Shipping
Part B - Actions To Address Foreign Practices
CHAPTER 423 - FOREIGN SHIPPING PRACTICES
Sec. 42304 - Action against foreign carriers
Contains section 42304
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
Statutes at Large References 102 Stat. 1571
112 Stat. 1911
120 Stat. 1553
Public Law References Public Law 100-418, Public Law 105-258, Public Law 109-304
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