Collapse to view only § 60507. Suspension of free passage through Saint Marys Falls Canal
- § 60501. Vessels allowed to import
- § 60502. Discriminating duty on goods imported in foreign vessels or from contiguous countries
- § 60503. Reciprocal suspension of discriminating duties
- § 60504. Reciprocal privileges for recreational vessels
- § 60505. Retaliatory suspension of commercial privileges
- § 60506. Retaliation against British dominions of North America
- § 60507. Suspension of free passage through Saint Marys Falls Canal
§ 60501. Vessels allowed to import
(a)In General.—Except as otherwise provided by treaty, goods may be imported into the United States from a foreign port or place only in—
(1) a vessel of the United States; or
(2) a foreign vessel owned only by citizens or subjects of the country—
(A) in which the goods are grown, produced, or manufactured; or
(B) from which the goods can only be, or most usually are, first shipped for transportation.
(b)Exception for Vessels of Countries Not Maintaining Similar Restrictions.—Subsection (a) does not apply to a vessel of a foreign country that does not maintain a similar restriction against United States documented vessels.
(c)Exception for Vessels Becoming Documented.—Subsection (a) does not apply to a vessel that—
(1) is owned only by citizens of the United States; and
(2) after entering a port of the United States, becomes documented as a vessel of the United States before leaving that port.
(d)Seizure and Forfeiture.—If goods are imported in violation of this section, the goods and the vessel in which they are imported, along with its equipment and other cargo, may be seized by and forfeited to the United States Government.
(Pub. L. 109–304, § 9(b), Oct. 6, 2006, 120 Stat. 1679.)
§ 60502. Discriminating duty on goods imported in foreign vessels or from contiguous countries
(a)Imposition of Duty.—A discriminating duty of 10 percent ad valorem (in addition to other duties imposed by law) is imposed on goods—
(1) imported in a vessel not of the United States unless the vessel—
(A) is entitled by law or treaty to enter the ports of the United States on payment of the same duties as are payable on goods imported in a vessel of the United States; or
(B)
(i) is owned only by citizens of the United States; and
(ii) after entering a port of the United States, becomes documented as a vessel of the United States before leaving that port; or
(2) produced or manufactured in a foreign country not contiguous to the United States and imported from a country contiguous to the United States, unless imported in the usual course of strictly retail trade.
(b)Seizure and Forfeiture.—If goods are imported without payment of the duty required by this section, the goods and the vessel in which they are imported may be seized by, and forfeited to, the United States Government.
(Pub. L. 109–304, § 9(b), Oct. 6, 2006, 120 Stat. 1680.)
§ 60503. Reciprocal suspension of discriminating duties
(a)General Authority.—On receiving satisfactory proof from the government of a foreign country that it has suspended, in any part, the imposition of discriminating duties for any class of vessels owned by citizens of the United States or goods imported in those vessels, the President may proclaim a reciprocal suspension of discriminating duties for the same class of vessels owned by citizens of that country or goods imported in those vessels.
(b)Effective and Expiration Dates.—A suspension under this section takes effect retroactively from the date the President received the proof from the foreign government, and expires when that government stops granting the reciprocal suspension.
(Pub. L. 109–304, § 9(b), Oct. 6, 2006, 120 Stat. 1680.)
§ 60504. Reciprocal privileges for recreational vessels
When the President is satisfied that yachts owned by residents of the United States and used only for pleasure are allowed to arrive at, depart from, and cruise in the waters of a foreign port without entering, clearing, or paying any duties or fees (including cruising license fees), the Secretary of Homeland Security may allow yachts from that foreign port used only for pleasure to arrive at and depart from the ports of the United States and to cruise in the waters of the United States without paying any duties or fees. However, the Secretary may require foreign yachts to obtain a license to cruise in the waters of the United States. The license shall be in the form prescribed by the Secretary and contain limitations about length of time, direction, place of cruising and action, and other matters the Secretary considers appropriate. The license shall be issued without cost to the yacht.
(Pub. L. 109–304, § 9(b), Oct. 6, 2006, 120 Stat. 1680.)
§ 60505. Retaliatory suspension of commercial privileges
(a)General Authority.—The President may proclaim a suspension of commercial privileges to vessels of a foreign country when—
(1) vessels of that country have been given the same commercial privileges in the ports and waters of the United States given to vessels of the United States (except the privilege of engaging in coastwise commerce); and
(2) vessels of the United States are denied commercial privileges in the ports or waters of that country given to vessels of that country.
(b)Application.—A suspension under this section shall apply to the same commercial privileges denied to vessels of the United States in the ports or waters of the foreign country, and to the same class of vessels of that country as the class of vessels of the United States denied the privileges.
(c)Effective Date.—The President shall designate the effective date of the suspension in the proclamation.
(d)Penalties.—
(1)Seizure and forfeiture.—If the master, officer, or agent of a vessel of a foreign country does an act for the vessel in the ports or waters of the United States in violation of a proclamation issued under this section, the vessel and the goods on the vessel may be seized by, and forfeited to, the United States Government.
(2)Fine or imprisonment.—A person opposing an official of the Government enforcing this section shall be fined under title 18, imprisoned for not more than 2 years, or both.
(Pub. L. 109–304, § 9(b), Oct. 6, 2006, 120 Stat. 1681.)
§ 60506. Retaliation against British dominions of North America
(a)General Authority.—The President by proclamation may prohibit vessels of the British dominions of North America, their masters and crews, and products of or coming from those dominions, from entering waters, ports, or places of the United States when the President is satisfied that—
(1) fishermen or fishing vessels of the United States in waters, ports, or places of the British dominions of North America are being or recently have been—
(A) denied rights provided by law or treaty;
(B) subjected to unreasonable restrictions in the exercise of those rights; or
(C) otherwise harassed;
(2) fishermen or fishing vessels of the United States, having a permit under the laws of the United States to dock or trade at a port or place in the British dominions of North America, are being or recently have been—
(A) denied the privilege of entering the port or place in the same manner and under the same regulations applicable to trading vessels of the most-favored-nation;
(B) prevented from buying supplies allowed to be sold to trading vessels of the most-favored-nation; or
(C) otherwise harassed; or
(3) other vessels of the United States or their masters or crews in waters, ports, or places of the British dominions of North America are being or recently have been—
(A) denied privileges given to vessels of the most-favored-nation or their masters or crews; or
(B) otherwise harassed.
(b)Coverage and Exceptions.—The President may apply a proclamation under this section to any of the subjects named, and may include exceptions for vessels in distress or need of supplies. The President may change, revoke, and renew the proclamation.
(c)Penalties.—A person violating a proclamation issued under this section shall be fined under title 18, imprisoned for not more than 2 years, or both. A vessel or goods found in waters, ports, or places of the United States in violation of the proclamation may be seized by, and forfeited to, the United States Government.
(Pub. L. 109–304, § 9(b), Oct. 6, 2006, 120 Stat. 1681.)
§ 60507. Suspension of free passage through Saint Marys Falls Canal
(a)Purpose.—The purpose of this section is to secure reciprocal advantages for the citizens, ports, and vessels of the United States.
(b)General Authority.—When the President is satisfied that vessels of the United States, or passengers or cargo being transported to a port of the United States, are prohibited from passing through a canal or lock connected with the navigation of the Saint Lawrence River, the Great Lakes, or their connecting waterways, or burdened in that passage by tolls or other means that are unreasonable in view of the free passage through the Saint Marys Falls Canal allowed to vessels of all countries, the President by proclamation may suspend the right of free passage through the Saint Marys Falls Canal for vessels owned by subjects of the country imposing the prohibition, tolls, or other burdens and for passengers and cargo being transported to the ports of that country, even when carried in vessels of the United States. The suspension shall apply to the extent and for the time the President considers appropriate. by tolls or other means that are unreasonable in view of the free passage through the Saint Marys Falls Canal allowed to vessels of all countries, the President by proclamation may suspend the right of free passage through the Saint Marys Falls Canal for vessels owned by subjects of the country imposing the prohibition, tolls, or other burdens and for passengers and cargo being transported to the ports of that country, even when carried in vessels of the United States. The suspension shall apply to the extent and for the time the President considers appropriate.
(c)Imposition of Toll.—
(1)In general.—During a suspension under this section, the President shall impose a toll of not more than $2 per ton on cargo and not more than $5 on each passenger.
(2)Exceptions.—Notwithstanding paragraph (1), a toll may not be imposed on passengers or cargo landed at Ogdensburg, New York, or any port west of Ogdensburg and south of a line drawn from the northern boundary of New York through the Saint Lawrence River, the Great Lakes, and their connecting channels to the northern boundary of Minnesota.
(d)Collection of Toll.—
(1)In general.—A toll imposed under this section shall be collected under regulations prescribed by the Secretary of Homeland Security. The Secretary may require the master of a vessel to provide a sworn statement of the amount and kind of cargo, the number of passengers, and the destination of the passengers and cargo.
(2)Proof of landing.—When applicable, the Secretary also may require satisfactory proof that the passengers and cargo were landed at a port described in subsection (c)(2). Until that proof is provided, the Secretary may assume the passengers and cargo were not landed at such a port, and the amount of a toll that otherwise would be imposed is a lien enforceable against the vessel when found in the waters of the United States.
(Pub. L. 109–304, § 9(b), Oct. 6, 2006, 120 Stat. 1682.)