46 U.S.C. § 42304 — Action against foreign carriers

(a) In General. Subject to section 42306, whenever the Federal Maritime Commission -- after giving notice and a chance to comment or have a hearing -- decides the conditions described in section 42302(a) exist, the Commission must take whatever action it thinks is necessary and appropriate to offset those conditions, against any foreign carrier (or its government) that's a contributing cause. That action can include: (1) limiting voyages to and from U.S. ports, or limiting the amount or type of cargo carried; (2) suspending, in whole or part, any or all tariffs and service contracts -- including an ocean common carrier's right to use conference tariffs and agreement service contracts in U.S. trades it belongs to -- for any period the Commission sets; (3) suspending, in whole or part, an ocean common carrier's right to operate under any agreement filed with the Commission, including agreements covering preferential terminal treatment, preferential terminal leases, space chartering, or pooling cargo or revenue with other carriers; and (4) a fee of up to $1,000,000 per voyage. (b) Consultation. Before acting under subsection (a), the Commission can consult with, seek cooperation from, or make recommendations to other appropriate federal agencies.