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Title 46, ShippingRelease 119-110

§42302 Investigations

Title 46 › Subtitle IV — Regulation of Ocean Shipping › Part B — Actions To Address Foreign Practices › CHAPTER 423 — FOREIGN SHIPPING PRACTICES › § 42302

Last updated Sep 22, 2026|Official source

Summary

The Federal Maritime Commission must investigate when a foreign government’s laws, rules, or the actions of foreign shipping companies or related service providers create conditions that hurt how U.S. carriers operate in U.S. ocean trade, and those same conditions do not apply to that country’s carriers when they operate in the United States because of U.S. law or U.S. carriers’ actions. The Commission can start an investigation on its own or after anyone asks, including another U.S. agency. It must finish and decide within 120 days. If it cannot get enough information, it can add up to 90 more days and must say why.

Full Legal Text

Title 46, §42302

Shipping, Source: USLM XML via OLRC

(a)In General.—
The Federal Maritime Commission shall investigate whether any laws, rules, regulations, policies, or practices of a foreign government, or any practices of a foreign carrier or other person providing maritime or maritime-related services in a foreign country, result in the existence of conditions that—
(1)adversely affect the operations of United States carriers in United States oceanborne trade; and
(2)do not exist for foreign carriers of that country in the United States under the laws of the United States or as a result of acts of United States carriers or other persons providing maritime or maritime-related services in the United States.
(b)Initiation of Investigation.—
An investigation under subsection (a) may be initiated by the Commission on its own motion or on the petition of any person, including another component of the United States Government.
(c)Time for Decision.—
The Commission shall complete an investigation under this section and render a decision within 120 days after it is initiated. However, the Commission may extend this 120-day period for an additional 90 days if the Commission is unable to obtain sufficient information to determine whether a condition specified in subsection (a) exists. A notice providing an extension shall state clearly the reasons for the extension.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 42302(a)46 App.:1710a(b).Pub. L. 100–418, title X, § 10002(b), (c), Aug. 23, 1988, 102 Stat. 1570; Pub. L. 105–258, title I, § 111(4), Oct. 14, 1998, 112 Stat. 1911. 42302(b)46 App.:1710a(c)(1). 42302(c)46 App.:1710a(c)(2). In subsection (b), the words “including another component of the United States Government” are substituted for “including any common carrier, shipper, shippers’ association, ocean transportation intermediary, or marine terminal operator, or any branch, department, agency, or other component of the Government of the United States” for consistency with section 42101(b) of the revised title and to eliminate unnecessary words.

Reference

Citations & Metadata

Citation

46 U.S.C. § 42302

Title 46, Shipping

Last Updated

Sep 22, 2026

Release point: 119-110