Page:United States Statutes at Large Volume 120.djvu/1666

 PUBLIC LAW 109–304—OCT. 6, 2006

120 STAT. 1635

equipment, and appliances different from those required for vessels of the United States if satisfied they are equivalent and at least as effective as those required for vessels of the United States. A satisfactory inspection under this paragraph shall be certified in writing by the Secretary of the department in which the Coast Guard is operating. ‘‘(c) EFFECTIVE DATE.—Subsection (a) is not effective until an appropriate vessel has been built and documented under chapter 121 of this title. ‘‘§ 55106. Merchandise transferred between barges ‘‘(a) IN GENERAL.—On terms and conditions the Secretary of Homeland Security may prescribe by regulation, the Secretary may suspend the application of section 55102 of this title to the transportation of merchandise that is transferred, when moving in the foreign trade of the United States, from a barge certified by the owner or operator as designed specifically for carriage on a vessel and carried regularly on a vessel in foreign trade, to another such barge owned or leased by the same owner or operator. However, this subsection does not apply to transportation between the continental United States and noncontiguous States, territories, or possessions to which the coastwise laws apply. ‘‘(b) RECIPROCITY REQUIREMENT FOR FOREIGN VESSELS.—This section applies to a vessel of foreign registry only if the Secretary of Homeland Security finds, based on information from the Secretary of State, that the government of the nation of registry extends reciprocal privileges to vessels of the United States. ‘‘§ 55107. Empty cargo containers and barges ‘‘(a) IN GENERAL.—Subject to subsections (b) and (c), and on terms and conditions the Secretary of Homeland Security may prescribe by regulation, section 55102 of this title does not apply to the transportation of— ‘‘(1) empty cargo vans, empty lift vans, or empty shipping tanks; ‘‘(2) equipment for use with cargo vans, lift vans, or shipping tanks; ‘‘(3) empty barges specifically designed for carriage aboard a vessel and equipment (except propulsion equipment) for use with those barges; ‘‘(4) empty instruments for international traffic exempted from the customs laws under section 322(a) of the Tariff Act of 1930 (19 U.S.C. 1322(a)); or ‘‘(5) stevedoring equipment and material. ‘‘(b) CONDITIONS.— ‘‘(1) PARAGRAPHS (1)–(4).—Paragraphs (1)–(4) of subsection (a) apply only if the items named are owned or leased by the owner or operator of the vessel and transported for its use in handling its cargo in foreign trade. ‘‘(2) PARAGRAPH (5).—Paragraph (5) of subsection (a) applies only if the items named are— ‘‘(A) owned or leased by the owner or operator of the vessel or by the stevedoring company having the contract for the loading or unloading of the vessel; and ‘‘(B) transported without charge for use in the handling of cargo in foreign trade.

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