---
kind: "section"
citation: "46 U.S.C. § 42304"
title: "46"
title_heading: "Shipping"
number: "42304"
heading: "Action against foreign carriers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/42304"
units:
  - "Subtitle IV — Regulation of Ocean Shipping"
  - "Part B — Actions To Address Foreign Practices"
  - "Chapter 423 — Foreign Shipping Practices"
---

# §42304. Action against foreign carriers

- (a) **In General.—** Subject to [section 42306 of this title](/usc/46/42306.md), whenever the Federal Maritime [Commission](/usc/46/42501.md?p=1), after notice and opportunity for comment or hearing, determines that the conditions specified in [section 42302(a) of this title](/usc/46/42302.md?p=a) exist, the [Commission](/usc/46/42501.md?p=1) shall take such action to offset those conditions as it considers necessary and appropriate against any [foreign carrier](/usc/46/42301.md?p=b-1) 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](/usc/46/40102.md?p=21), including an [ocean common carrier](/usc/46/40102.md?p=18)’s right to use any or all tariffs and [service contracts](/usc/46/40102.md?p=21) of [conferences](/usc/46/40102.md?p=8) in United States trades of which it is a member for any period the [Commission](/usc/46/42501.md?p=1) specifies;
  - (3) suspension, in whole or in part, of an [ocean common carrier](/usc/46/40102.md?p=18)’s right to operate under any [agreement](/usc/46/40102.md?p=1) filed with the [Commission](/usc/46/42501.md?p=1), including any [agreement](/usc/46/40102.md?p=1) authorizing preferential treatment at terminals, preferential terminal leases, space chartering, or pooling of cargo or revenue with other [ocean common carriers](/usc/46/40102.md?p=18); and
  - (4) a fee not to exceed $1,000,000 per voyage.
- (b) **Consultation.—** The [Commission](/usc/46/42501.md?p=1) 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)](#a).

## Source credit

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

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>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.