CHAPTER 605 —DISCRIMINATING DUTIES AND RECIPROCAL PRIVILEGES
§60501. Vessels allowed to import
(a)
(1) a vessel of the United States; or
(2) a foreign vessel owned only by citizens or subjects of the country—
(A) in which the goods are grown, produced, or manufactured; or
(B) from which the goods can only be, or most usually are, first shipped for transportation.
(b)
(c)
(1) is owned only by citizens of the United States; and
(2) after entering a port of the United States, becomes documented as a vessel of the United States before leaving that port.
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60501(a) | 19:130 (1st sentence). | Oct. 3, 1913, ch. 16, §IV(J)(2), (3), |
| 60501(b) | 19:131 (words before "nor"). | |
| 60501(c) | 19:131 (words beginning with "nor"). | |
| 60501(d) | 19:130 (last sentence related to 19:130). |
In this section, the word "goods" is substituted for "goods, wares, or merchandise" to eliminate unnecessary words.
In subsection (a)(2), before subparagraph (A), the words "owned only by" are substituted for "truly and wholly belong to" for consistency in the revised title.
In subsection (b), the words "or goods, wares, or merchandise imported in vessels" are omitted as unnecessary because of the wording of subsection (a) of the revised section. The word "restriction" is substituted for "regulation" as being more appropriate.
Subsection (d) is substituted for "All goods, wares, or merchandise imported contrary to this section or
§60502. Discriminating duty on goods imported in foreign vessels or from contiguous countries
(a)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60502(a) | 19:128. | Oct. 3, 1913, ch. 16, §IV(J)(1), |
| 46 App.:146. | ||
| 60502(b) | 19:130 (last sentence related to 19:128). | Oct. 3, 1913, ch. 16, §IV(J)(2), |
In this section, the word "goods" is substituted for "goods, wares, or merchandise" to eliminate unnecessary words.
In subsection (a)(1), subparagraphs (A) and (B) are substituted for "but this discriminating duty shall not apply to goods, wares, or merchandise which shall be imported in vessels not of the United States entitled at the time of such importation by treaty or convention or Act of Congress to be entered in the ports of the United States on payment of the same duties as shall then be payable on goods, wares, and merchandise imported in vessels of the United States, nor to goods, wares, and merchandise imported in a vessel owned by citizens of the United States but not a vessel of the United States if such vessel after entering an American port shall, before leaving the same, be documented under
Subsection (a)(2) is substituted for "or which being the production or manufacture of any foreign country not contiguous to the United States, shall come into the United States from such contiguous country" and "but this discriminating duty shall not apply . . . nor to such products or manufactures as shall be imported from such contiguous countries in the usual course of strictly retail trade" to eliminate unnecessary words.
Subsection (b) is substituted for the source provision for consistency with section 60501(d) and to eliminate unnecessary words. See note for section 60501(d) in this report.
§60503. Reciprocal suspension of discriminating duties
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60503 | 46 App.:141. | R.S. §4228; July 24, 1897, ch. 13, |
In this section, the word "goods" is substituted for "produce, manufactures, or merchandise", "merchandise", and "cargoes" for consistency in the chapter. Other changes are made to eliminate unnecessary words.
§60504. Reciprocal privileges for recreational vessels
When the President is satisfied that yachts owned by residents of the United States and used only for pleasure are allowed to arrive at, depart from, and cruise in the waters of a foreign port without entering, clearing, or paying any duties or fees (including cruising license fees), the Secretary of Homeland Security may allow yachts from that foreign port used only for pleasure to arrive at and depart from the ports of the United States and to cruise in the waters of the United States without paying any duties or fees. However, the Secretary may require foreign yachts to obtain a license to cruise in the waters of the United States. The license shall be in the form prescribed by the Secretary and contain limitations about length of time, direction, place of cruising and action, and other matters the Secretary considers appropriate. The license shall be issued without cost to the yacht.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60503 | 46 App.:104. | May 28, 1908, ch. 212, §5, |
The Secretary of Homeland Security is substituted for the Commissioner of Customs because the functions of the Customs Service and of the Secretary of the Treasury relating thereto were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (
§60505. Retaliatory suspension of commercial privileges
(a)
(1) vessels of that country have been given the same commercial privileges in the ports and waters of the United States given to vessels of the United States (except the privilege of engaging in coastwise commerce); and
(2) vessels of the United States are denied commercial privileges in the ports or waters of that country given to vessels of that country.
(b)
(c)
(d)
(1)
(2)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60505 | 46 App.:142. | June 19, 1886, ch. 421, §17, |
In this section, the words "vessels of the United States" are used instead of both "vessels of the United States" and "American vessels" for consistency in the section. The words "vessels of a foreign country" and "vessels of that country" are substituted for "foreign country whose vessels", "national vessels", "vessels of such foreign country", and similar references, for consistency. The words "ports and waters" and "ports or waters" are substituted for "ports", "harbors, ports, or waters", and "ports, harbors, or waters" for consistency.
In subsection (a), before paragraph (1), the words "on receiving satisfactory information of the continuance of such discriminations against any vessels of the United States" are omitted as unnecessary. In paragraph (1), the words "given the same commercial privileges" are substituted for "placed on the same footing" for clarity and for consistency in the section.
Subsection (b) is substituted for "excluding . . . from the exercise of such commercial privileges in the ports of the United States as are denied to American vessels in the ports of such foreign country, all vessels of such foreign country of a similar character to the vessels of the United States thus discriminated against" for clarity and to eliminate unnecessary words.
Subsection (c) is substituted for "on and after such time as he may indicate" for clarity.
Subsection (d)(1) is substituted for "and on and after the date named in such proclamation for it to take effect, if the master, officer, or agent of any vessel of such foreign country excluded by said proclamation from the exercise of any commercial privileges shall do any act prohibited by said proclamation in the ports, harbors, or waters of the United States for or on account of such vessel, such vessel, and its rigging, tackle, furniture, and boats, and all the goods on board, shall be liable to seizure and to forfeiture to the United States" for consistency in the revised title and to eliminate unnecessary words.
Subsection (d)(2) is substituted for "any person opposing any officer of the United States in the enforcement of this section, or aiding and abetting any other person in such opposition, shall forfeit $800, and shall be guilty of a misdemeanor, and, upon conviction, shall be liable to imprisonment for a term not exceeding two years" because of
§60506. Retaliation against British dominions of North America
(a)
(1) fishermen or fishing vessels of the United States in waters, ports, or places of the British dominions of North America are being or recently have been—
(A) denied rights provided by law or treaty;
(B) subjected to unreasonable restrictions in the exercise of those rights; or
(C) otherwise harassed;
(2) fishermen or fishing vessels of the United States, having a permit under the laws of the United States to dock or trade at a port or place in the British dominions of North America, are being or recently have been—
(A) denied the privilege of entering the port or place in the same manner and under the same regulations applicable to trading vessels of the most-favored-nation;
(B) prevented from buying supplies allowed to be sold to trading vessels of the most-favored-nation; or
(C) otherwise harassed; or
(3) other vessels of the United States or their masters or crews in waters, ports, or places of the British dominions of North America are being or recently have been—
(A) denied privileges given to vessels of the most-favored-nation or their masters or crews; or
(B) otherwise harassed.
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60506 | 46 App.:143. | Mar. 3, 1887, ch. 339, |
In this section, the words "fishermen or fishing vessels of the United States" are substituted for "American fishing vessels or American fishermen" for consistency in the revised title. The words "are or recently have been denied" are substituted for "are or then lately have been denied or abridged" to eliminate unnecessary words.
In subsection (a), the words before paragraph (1) are substituted for "Whenever the President of the United States shall be satisfied . . . then, and in either or all of such cases, it shall be lawful, and it shall be the duty of the President of the United States, in his discretion, by proclamation to that effect, to deny vessels, their masters and crews, of the British dominions of North America, any entrance into the waters, ports, or places of or within the United States . . . whether such vessel shall have come directly from said dominions on such destined voyage or by way of some port or place in such destined voyage elsewhere; and also to deny entry into any port or place of the United States of fresh fish or salt fish or any other product of said dominions, or other goods coming from said dominions to the United States" to eliminate unnecessary words.
In subsection (a)(1)(B), the words "regulations, or requirements" are omitted as unnecessary.
In subsection (a)(1)(C), the words "otherwise harassed" are substituted for "unjustly vexed or harassed in the enjoyment of such rights, . . . or otherwise unjustly vexed or harassed" to eliminate unnecessary words.
In subsection (a)(2), before subparagraph (A), the word "dock" is substituted for "touch" for clarity. In subparagraph (C), the words "otherwise harassed" are substituted for "unjustly vexed or harassed, in respect thereof, or otherwise be unjustly vexed or harassed therein" to eliminate unnecessary words.
In subsection (a)(3)(B), the words "otherwise harassed" are substituted for "unjustly vexed or harassed in respect of the same, or unjustly vexed or harassed therein" to eliminate unnecessary words.
Subsection (b) is substituted for "(with such exceptions in regard to vessels in distress, stress of weather, or needing supplies as to the President shall seem proper)" and "The President may, in his discretion, apply such proclamation to any part or to all of the foregoing named subjects, and may revoke, qualify, limit, and renew such proclamation from time to time as he may deem necessary to the full and just execution of the purposes of this section" to eliminate unnecessary words.
Subsection (c) is substituted for "Every violation of any such proclamation, or any part thereof, is declared illegal, and all vessels and goods so coming or being within the waters, ports, or places of the United States contrary to such proclamation shall be forfeited to the United States; and such forfeiture shall be enforced and proceeded upon in the same manner and with the same effect as in the case of vessels or goods whose importation or coming to or being in the waters or ports of the United States contrary to law may be enforced and proceeded upon. Every person who shall violate any of the provisions of this section, or such proclamation of the President made in pursuance hereof, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding $1,000, or by imprisonment for a term not exceeding two years, or by both said punishments, in the discretion of the court." for consistency in the revised title and with
§60507. Suspension of free passage through Saint Marys Falls Canal
(a)
(b)
(c)
(1)
(2)
(d)
(1)
(2)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60507(a) | 46 App.:144 (1st par. words before 3d comma). | July 26, 1892, ch. 248, |
| 60507(b) | 46 App.:144 (1st par. words after 3d comma). | |
| 60507(c) | 46 App.:144 (last par.). | |
| 60507(d) | 46 App.:145. |
In this section, the word "cargo" is substituted for "cargo", "cargoes", "portions or cargoes", "freight", and "freight of whatever kind or description" for consistency and to eliminate unnecessary words.
Subsection (a) is substituted for "With a view of securing reciprocal advantages for the citizens, ports, and vessels of the United States" to improve the organization of the section.
In subsection (b), the words "and so often as" are omitted as unnecessary. The word "burdened" is substituted for "made difficult or burdensome", the word "unreasonable" is substituted for "reciprocally unjust and unreasonable", the words "the President by proclamation may suspend" are substituted for "he shall have the power, and it shall be his duty, to suspend by proclamation to that effect", the words "even when carried in vessels of the United States" are substituted for "whether carried in vessels of the United States or of other nations", and the words "The suspension shall apply to the extent and for the time the President considers appropriate" are substituted for "for such time and to such extent (including absolute prohibition) as he shall deem just", to eliminate unnecessary words.
In subsection (c)(1), the words "the President shall impose a toll of" are substituted for "tolls shall be levied, collected, and paid as follows, to wit: . . . as shall be from time to time determined by the President" for clarity and to eliminate unnecessary words.
In subsection (c)(2), the word "landed" is substituted for "carried to and landed" to eliminate unnecessary words.
In subsection (d), the Secretary of Homeland Security is substituted for the Commissioner of Customs because the functions of the Customs Service and of the Secretary of the Treasury relating thereto were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (
In subsection (d)(2), the words "a port described in subsection (c)(2) of this section" are substituted for "some port or place within the limits above named" for clarity.