2021 US Code
Title 46 - Shipping
Subtitle I - General
Chapter 1 - Definitions
Sec. 109 - Foreign commerce or trade

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Citation 46 U.S.C. § 109 (2021)
Section Name §109. Foreign commerce or trade
Section Text

(a) In General.—In this title, the terms "foreign commerce" and "foreign trade" mean commerce or trade between a place in the United States and a place in a foreign country.

(b) Capital Construction Funds and Construction-Differential Subsidies.—In the context of capital construction funds under chapter 535 of this title, and in the context of construction-differential subsidies under title V of the Merchant Marine Act, 1936, the terms "foreign commerce" and "foreign trade" also include, in the case of liquid and dry bulk cargo carrying services, trading between foreign ports in accordance with normal commercial bulk shipping practices in a manner that will permit bulk vessels of the United States to compete freely with foreign bulk vessels in their operation or competition for charters, subject to regulations prescribed by the Secretary of Transportation.

Source Credit

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1487.)

Editorial Notes
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
109 46 App.:1244(a). June 29, 1936, ch. 858, title IX, §905(a), 49 Stat. 2016; June 23, 1938, ch. 600, §39(a), 52 Stat. 964; Pub. L. 91–469, §28, Oct. 21, 1970, 84 Stat. 1034; Pub. L. 92–402, §2, Aug. 22, 1972, 86 Stat. 617; Pub. L. 97–31, §12(133)(A), Aug. 6, 1981, 95 Stat. 165.

In subsection (a), the words "its Territories or possessions, or the District of Columbia" are omitted because of the definition of "United States" in this chapter.


The Merchant Marine Act, 1936, referred to in subsec. (b), is act June 29, 1936, ch. 858, 49 Stat. 1985. Title V of the Act enacted provisions set out as notes under section 53101 of this title. For complete classification of this Act to the Code, see Short Title of 1936 Amendment note set out under section 101 of this title and Tables.

Publication Title United States Code, 2018 Edition, Supplement 3, Title 46 - SHIPPING
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 46 - SHIPPING
Subtitle I - General
Sec. 109 - Foreign commerce or trade
Contains section 109
Date 2021
Laws In Effect As Of Date January 3, 2022
Positive Law Yes
Disposition standard
Statutes at Large References 49 Stat. 1985, 2016
52 Stat. 964
84 Stat. 1034
86 Stat. 617
95 Stat. 165
120 Stat. 1487
Public Law References Public Law 91-469, Public Law 92-402, Public Law 97-31, Public Law 109-304
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