§55102. Transportation of merchandise — Inbound Citations

Citations to 46 U.S.C. § 55102 as a whole

• 19 U.S.C. § 1554

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  With the consent of the proper authorities, imported merchandise, in bond or duty-paid, and products and manufactures of the United States may be transported from one port to another in the United States through contiguous countries, under such regulations as the Secretary of the Treasury shall prescribe, unless such transportation is in violation of section 4347 of the Revised Statutes, as amended, section 55102 of title 46, or section 1588 of this title.
• 46 U.S.C. § 12121(b)

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  (b) Notwithstanding sections 12112, 12113, 12132, 55102, and 55103 of this title, the Secretary may issue a certificate of documentation with an appropriate endorsement for employment in the coastwise trade as a small passenger vessel or an uninspected passenger vessel in the case of an eligible vessel authorized to carry no more than 12 passengers for hire if the Secretary of Transportation, after notice and an opportunity for public comment, determines that the employment of the vessel in the coastwise trade will not adversely affect—

  (1) United States vessel builders; or

  (2) the coastwise trade business of any person that employs vessels built in the United States in that business.
• 46 U.S.C. § 55105(a)

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  (a) The transportation of hazardous waste, as defined in section 1004(5) of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6903(5)), from a point in the United States to sea for incineration is deemed to be transportation of merchandise under section 55102 of this title.
• 46 U.S.C. § 55106(a)

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  (a) On terms and conditions the Secretary of Homeland Security may prescribe by regulation, the Secretary may suspend the application of section 55102 of this title to the transportation of merchandise that is transferred, when moving in the foreign trade of the United States, from a barge certified by the owner or operator as designed specifically for carriage on a vessel and carried regularly on a vessel in foreign trade, to another such barge owned or leased by the same owner or operator. However, this subsection does not apply to transportation between the continental United States and noncontiguous States, territories, or possessions to which the coastwise laws apply.
• 46 U.S.C. § 55107(a)

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  (a) 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.
• 46 U.S.C. § 55108(b)

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  (b) Section 55102 of this title does not apply to the transportation of a platform jacket in or on a non-coastwise qualified launch barge between two points in the United States, at one of which there is an installation or other device within the meaning of section 4(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)), if—

  (1) the launch barge was built before December 31, 2000, and has a launch capacity of at least 12,000 long tons; and

  (2) the Secretary of Transportation makes a determination, in accordance with procedures established under subsection (c), that a suitable coastwise qualified vessel is not available for use in the transportation and, if needed, launch or installation of a platform jacket.
• 46 U.S.C. § 55110

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  Section 55102 of this title applies to the transportation of valueless material or dredged material, regardless of whether it has commercial value, from a point in the United States or on the high seas within the exclusive economic zone, to another point in the United States or on the high seas within the exclusive economic zone.
• 46 U.S.C. § 55115

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  Section 55102 of this title does not apply to supplies aboard a United States documented fish processing vessel that are necessary and used for processing or assembling fishery products aboard such a vessel.
• 46 U.S.C. § 55116

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  Section 55102 of this title does not apply to the transportation of merchandise between points in the continental United States, including Alaska, over through routes in part over Canadian rail lines and connecting water facilities if the routes are recognized by the Surface Transportation Board and rate tariffs for the routes have been filed with the Board.
• 46 U.S.C. § 55117

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  Section 55102 of this title does not apply to the transportation of merchandise loaded on a railroad car or to a motor vehicle with or without a trailer, and with its passengers or contents when accompanied by the operator, when the railroad car or motor vehicle is transported in a railroad car ferry operated between fixed terminals on the Great Lakes as part of a rail route, if—
• 46 U.S.C. § 55119

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  Section 55102 of this title does not apply to the transportation of merchandise on the Yukon River until the Alaska Railroad is completed and the Secretary of Transportation finds that proper facilities will be available for transportation by citizens of the United States to properly handle the traffic.
• 46 U.S.C. § 55121(b)

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  (b) Until the Secretary of Transportation determines that service by vessels of the United States is available to provide the transportation described in paragraph (1) or (2), sections 55102 and 55103 of this title do not apply to the transportation on Canadian vessels of—

  (1) passengers between ports in southeastern Alaska; or

  (2) passengers or merchandise between Hyder, Alaska, and other points in southeastern Alaska or in the United States outside Alaska.
• 46 U.S.C. § 55122(a)

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  (a) Section 55102 of this title does not apply to the movement of a floating dry dock if—

  (1) the floating dry dock—

  (A) is being used to launch or raise a vessel in connection with the construction, maintenance, or repair of that vessel;

  (B) is owned and operated by—

  (i) a shipyard located in the United States that is an eligible owner specified under section 12103(b) of this title; or

  (ii) an affiliate of such a shipyard; and

  (i) was owned or contracted for purchase by such shipyard or affiliate prior to the date of the enactment of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015; or

  (ii) had a letter of intent for purchase by such shipyard or affiliate signed prior to such date of enactment; and

  (2) the movement occurs within 5 nautical miles of the shipyard or affiliate that owns and operates such floating dry dock or, in the case of a dry dock described in paragraph (1)(C)(ii), occurs between Honolulu, Hawaii, and Pearl Harbor, Hawaii.