Title 46ShippingRelease 119-73not60

§55107 Empty Cargo Containers and Barges

Title 46 › Subtitle Subtitle V— Merchant Marine › Part D— Promotional Programs › Chapter 551— COASTWISE TRADE › § 55107

Last updated Apr 5, 2026|Official source

Summary

Homeland Security can make rules that let ships move certain empty containers and gear without following another shipping requirement. It covers empty cargo and lift vans, empty shipping tanks, equipment used with those items, empty barges carried aboard a ship and their non‑propulsion gear, some empty international instruments that are exempt from customs, and stevedoring equipment and material. Those exceptions only apply when the items are owned or leased by the ship’s owner or operator and are moved for use in handling the ship’s foreign‑trade cargo. Stevedoring gear can also be owned or leased by the contracted stevedoring company and must be moved free of charge for handling foreign‑trade cargo. For foreign‑flag ships, Homeland Security must confirm, after checking with the Secretary of State, that the other country gives the same privileges to U.S. ships.

Full Legal Text

Title 46, §55107

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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.
(b)(1)Paragraphs (1)–(4) of subsection (a) apply only if the items named are owned or leased by the owner or operator of the vessel and transported for its use in handling its cargo in foreign trade.
(2)Paragraph (5) of subsection (a) applies only if the items named are—
(A)owned or leased by the owner or operator of the vessel or by the stevedoring company having the contract for the loading or unloading of the vessel; and
(B)transported without charge for use in the handling of cargo in foreign trade.
(c)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) 5510746 App.:883 (6th proviso).June 5, 1920, ch. 250, § 27 (6th proviso), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 89–194, Sept. 21, 1965, 79 Stat. 823; Pub. L. 90–474, Aug. 11, 1968, 80 Stat. 700; Pub. L. 92–163, § 1, Nov. 23, 1971, 85 Stat. 486. In subsection (a), before paragraph (1), the words “by vessels of the United States not qualified to engage in the coastwise trade, or by vessels of foreign registry” are omitted as unnecessary. In paragraph (4), the words “by the Secretary of the Treasury” are omitted as unnecessary because the section referred to provides who administers it.

Reference

Citations & Metadata

Citation

46 U.S.C. § 55107

Title 46Shipping

Last Updated

Apr 5, 2026

Release point: 119-73not60