§109 — Title 46 Shipping | U.S. Code

Summary

Defines "foreign commerce" and "foreign trade" as trade between the U.S. and another country. For certain capital-construction funds and subsidy programs, it also counts bulk cargo trade between foreign ports when done under normal bulk-shipping practices so U.S. bulk vessels can compete, subject to rules by the Secretary of Transportation.

Title 46, §109

Shipping — Source: USLM XML via OLRC

(a)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)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 10946 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.

Editorial Notes

References in Text

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.

§109 Foreign commerce or trade