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46 U.S.C. § 60502 — Discriminating duty on goods imported in foreign vessels or from contiguous countries

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 181 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section adds an extra 10% tax on certain imported goods. It applies to goods carried on most foreign ships, or goods routed through a neighboring country. If someone skips the tax, the government can seize the goods and the ship.

(a) Imposition of Duty. The United States adds an extra 10% "ad valorem" duty — a tax based on the value of the goods — on top of any other duties already owed, in two situations.

First, this extra duty applies to goods brought in on a vessel that is not a United States vessel. But it does not apply if that foreign vessel either: (A) has a legal right, by law or treaty, to enter U.S. ports and pay the same duties as a U.S. vessel; or (B) is owned only by U.S. citizens and becomes officially documented as a U.S. vessel before it leaves the U.S. port it entered.

Second, the extra duty applies to goods that were made in a foreign country that does not share a border with the United States, when those goods are imported from a country that does share a border with the United States. This does not apply if the goods are imported through ordinary strictly retail trade.

(b) Seizure and Forfeiture. If goods are imported without paying the duty this section requires, the government may seize both the goods and the vessel that carried them. Once seized, they can be permanently forfeited to the United States Government.

the actual law source: uscode.house.gov ↗public domain
(a)Imposition of Duty.—

A discriminating duty of 10 percent ad valorem (in addition to other duties imposed by law) is imposed on goods—

(1)

imported in a vessel not of the United States unless the vessel—

(A)

is entitled by law or treaty to enter the ports of the United States on payment of the same duties as are payable on goods imported in a vessel of the United States; or

(B)
(i)

is owned only by citizens of the United States; and

(ii)

after entering a port of the United States, becomes documented as a vessel of the United States before leaving that port; or

(2)

produced or manufactured in a foreign country not contiguous to the United States and imported from a country contiguous to the United States, unless imported in the usual course of strictly retail trade.

(b)Seizure and Forfeiture.—

If goods are imported without payment of the duty required by this section, the goods and the vessel in which they are imported may be seized by, and forfeited to, the United States Government.

Source credit: (Pub. L. 109–304, § 9(b), Oct. 6, 2006, 120 Stat. 1680.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1680

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.

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