---
kind: "section"
citation: "46 U.S.C. § 58108"
title: "46"
title_heading: "Shipping"
number: "58108"
heading: "Charges for transportation subject to subtitle IV of title 49"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/58108"
units:
  - "Subtitle V — Merchant Marine"
  - "Part G — Restrictions and Penalties"
  - "Chapter 581 — Restrictions and Penalties"
---

# §58108. Charges for transportation subject to subtitle IV of title 49

- (a) **Prohibition.—** A carrier may not charge, collect, or receive for transportation subject to subtitle IV of [title 49](/usc/49.md) of [persons](/usc/46/53101.md?p=6) or property, under any joint rate, fare, or charge, or under any export, import, or other proportional rate, fare, or charge, that is based in whole or in part on the fact that the [persons](/usc/46/53101.md?p=6) or property affected are to be transported to, or have been transported from, a port in a territory or possession of the [United States](/usc/46/53101.md?p=10) or in a foreign country, by a carrier by water in [foreign commerce](/usc/46/53101.md?p=4), any lower rate, fare, or charge than the carrier charges, collects, or receives for the transportation of [persons](/usc/46/53101.md?p=6) or similar property for the same distance, in the same direction, and over the same route, in commerce wholly within the [United States](/usc/46/53101.md?p=10), unless the [vessel](/usc/46/53501.md?p=9) used for the transportation is or was at the time of the transportation documented under the laws of the [United States](/usc/46/53101.md?p=10).
- (b) **Suspension of Prohibition.—** Whenever the [Secretary](/usc/46/53101.md?p=8) of Transportation believes that adequate shipping facilities to or from any port in a territory or possession of the [United States](/usc/46/53101.md?p=10) or a foreign country are not being provided by [vessels](/usc/46/53501.md?p=9) documented under the laws of the [United States](/usc/46/53101.md?p=10), the [Secretary](/usc/46/53101.md?p=8) shall certify this fact to the Surface Transportation Board. On receiving the certification, the Board may by order suspend the operation of [subsection (a)](#a) with respect to the rates, fares, and charges for the transportation by rail of [persons](/usc/46/53101.md?p=6) and property transported from or to be transported to those ports, for such time and under such terms and conditions as the [Secretary](/usc/46/53101.md?p=8) may specify in the order or in any supplemental order.
- (c) **Termination of Suspension.—** Whenever the [Secretary](/usc/46/53101.md?p=8) believes that adequate shipping facilities are being provided to those ports by [vessels](/usc/46/53501.md?p=9) documented under the laws of the [United States](/usc/46/53101.md?p=10), and certifies that fact to the Board, the Board may order the termination of the suspension.

## Source credit

(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1673.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 58108 | 46 App.:884. | June 5, 1920, ch. 250, § 28, 41 Stat. 999; Ex. Ord. No. 6166, § 12, eff. June 10, 1933; June 29, 1936, ch. 858, §§ 204, 904, 49 Stat. 1987, 2016; Pub. L. 97–31, § 12(50), Aug. 6, 1981, 95 Stat. 157; Pub. L. 104–88, title III, § 321(3), Dec. 29, 1995, 109 Stat. 950. |

The words “territory or possession” are substituted for “possession or dependency” for consistency in the revised title.