Page:United States Statutes at Large Volume 120.djvu/1556

 PUBLIC LAW 109–304—OCT. 6, 2006

120 STAT. 1525

‘‘(i) if the carrier and the owner of those commodities are wholly-owned, directly or indirectly, by a person primarily engaged in the marketing and distribution of those commodities; and ‘‘(ii) only with respect to the carriage of those commodities. ‘‘(7) CONFERENCE.—The term ‘conference’— ‘‘(A) means an association of ocean common carriers permitted, pursuant to an approved or effective agreement, to engage in concerted activity and to use a common tariff; but ‘‘(B) does not include a joint service, consortium, pooling, sailing, or transshipment agreement. ‘‘(8) CONTROLLED CARRIER.—The term ‘controlled carrier’ means an ocean common carrier that is, or whose operating assets are, directly or indirectly, owned or controlled by a government, with ownership or control by a government being deemed to exist for a carrier if— ‘‘(A) a majority of the interest in the carrier is owned or controlled in any manner by that government, an agency of that government, or a public or private person controlled by that government; or ‘‘(B) that government has the right to appoint or disapprove the appointment of a majority of the directors, the chief operating officer, or the chief executive officer of the carrier. ‘‘(9) DEFERRED REBATE.—The term ‘deferred rebate’ means a return by a common carrier of any freight money to a shipper, where the return is— ‘‘(A) consideration for the shipper giving all or any portion of its shipments to that or any other common carrier over a fixed period of time; ‘‘(B) deferred beyond the completion of the service for which it was paid; and ‘‘(C) made only if the shipper has agreed to make a further shipment with that or any other common carrier. ‘‘(10) FOREST PRODUCTS.—The term ‘forest products’ includes lumber in bundles, rough timber, ties, poles, piling, laminated beams, bundled siding, bundled plywood, bundled core stock or veneers, bundled particle or fiber boards, bundled hardwood, wood pulp in rolls, wood pulp in unitized bales, and paper and paper board in rolls or in pallet or skid-sized sheets. ‘‘(11) INLAND DIVISION.—The term ‘inland division’ means the amount paid by a common carrier to an inland carrier for the inland portion of through transportation offered to the public by the common carrier. ‘‘(12) INLAND PORTION.—The term ‘inland portion’ means the charge to the public by a common carrier for the nonocean portion of through transportation. ‘‘(13) LOYALTY CONTRACT.—The term ‘loyalty contract’ means a contract with an ocean common carrier or agreement providing for— ‘‘(A) a shipper to obtain lower rates by committing all or a fixed portion of its cargo to that carrier or agreement; and ‘‘(B) a deferred rebate arrangement.

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