2018 US Code
Title 46 - Shipping
Subtitle V - Merchant Marine
Part D - Promotional Programs
Chapter 551 - Coastwise Trade
Sec. 55107 - Empty cargo containers and barges

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Citation 46 U.S.C. § 55107 (2018)
Section Name §55107. Empty cargo containers and barges
Section Text

(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 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)); 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 States.

Source Credit

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1635.)

Editorial Notes
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
55107 46 App.:883 (6th proviso). June 5, 1920, ch. 250, §27 (6th proviso), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 89–194, Sept. 21, 1965, 79 Stat. 823; Pub. L. 90–474, Aug. 11, 1968, 80 Stat. 700; Pub. L. 92–163, §1, Nov. 23, 1971, 85 Stat. 486.

In subsection (a), before paragraph (1), the words "by vessels of the United States not qualified to engage in the coastwise trade, or by vessels of foreign registry" are omitted as unnecessary. In paragraph (4), the words "by the Secretary of the Treasury" are omitted as unnecessary because the section referred to provides who administers it.

Publication Title United States Code, 2018 Edition, Title 46 - SHIPPING
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 46 - SHIPPING
Subtitle V - Merchant Marine
Part D - Promotional Programs
CHAPTER 551 - COASTWISE TRADE
Sec. 55107 - Empty cargo containers and barges
Contains section 55107
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law Yes
Disposition standard
Statutes at Large References 41 Stat. 999
49 Stat. 442
79 Stat. 823
80 Stat. 700
85 Stat. 486
120 Stat. 1635
Public Law References Public Law 89-194, Public Law 90-474, Public Law 92-163, Public Law 109-304
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