Title 46ShippingRelease 119-73

§55106 Merchandise transferred between barges

Title 46 › Subtitle Subtitle V— - Merchant Marine › Part Part D— - Promotional Programs › Chapter CHAPTER 551— - COASTWISE TRADE › § 55106

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Homeland Security may, by rule, stop applying the rule in 55102 when goods moving in foreign trade are shifted from one barge to another owned or leased by the same company. Each barge must be certified by its owner or operator as built to be carried on a ship and regularly carried on ships in foreign trade. This exception does not cover moves between the continental United States and noncontiguous States, territories, or possessions to which the coastwise laws apply. If the vessel is foreign-flagged, the Secretary may allow this only after finding, using information from the Secretary of State, that the foreign government gives U.S. vessels the same treatment.

Full Legal Text

Title 46, §55106

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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.
(b)This section applies to a vessel of foreign registry only if the Secretary of Homeland Security finds, based on information from the Secretary of State, that the government of the nation of registry extends reciprocal privileges to vessels of the United States.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5510646 App.:883 (7th proviso).June 5, 1920, ch. 250, § 27 (7th proviso), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 92–163, § 1, Nov. 23, 1971, 85 Stat. 486. In subsection (a), the words “non-self-propelled” are omitted as unnecessary because of the definition of “barge” in chapter 1 of the revised title. The words “between points in the United States” and “without regard to whether any such barge is under foreign registry or qualified to engage in the coastwise trade” are omitted as surplus.

Reference

Citations & Metadata

Citation

46 U.S.C. § 55106

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Last Updated

Apr 6, 2026

Release point: 119-73