US Code

Public Law 119-73 (01/23/2026)

46 U.S.C. § 109

Foreign commerce or trade

(a)

In General .—

In this title, the terms “foreign commerce” and “foreign trade” mean commerce or trade between a place in the United States and a place in a foreign country.
(b)

Capital Construction Funds and Construction-Differential Subsidies .—

In the context of capital construction funds under chapter 535 of this title, and in the context of construction-differential subsidies under title V of the Merchant Marine Act, 1936, the terms “foreign commerce” and “foreign trade” also include, in the case of liquid and dry bulk cargo carrying services, trading between foreign ports in accordance with normal commercial bulk shipping practices in a manner that will permit bulk vessels of the United States to compete freely with foreign bulk vessels in their operation or competition for charters, subject to regulations prescribed by the Secretary of Transportation.

Pub. L. 109–304, § 4120 Stat. 1487(, , .)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

109

46 App.:1244(a).

June 29, 1936, ch. 858, title IX, § 905(a), 49 Stat. 2016; June 23, 1938, ch. 600, § 39(a), 52 Stat. 964; Pub. L. 91–469, § 28, Oct. 21, 1970, 84 Stat. 1034; Pub. L. 92–402, § 2, Aug. 22, 1972, 86 Stat. 617; Pub. L. 97–31, § 12(133)(A), Aug. 6, 1981, 95 Stat. 165.

In subsection (a), the words “its Territories or possessions, or the District of Columbia” are omitted because of the definition of “United States” in this chapter.

Editorial Notes

References in Text

act June 29, 1936, ch. 85849 Stat. 1985section 53101 of this titlesection 101 of this titleThe Merchant Marine Act, 1936, referred to in subsec. (b), is , . Title V of the Act enacted provisions set out as notes under . For complete classification of this Act to the Code, see Short Title of 1936 Amendment note set out under and Tables.