Page:United States Statutes at Large Volume 98 Part 1.djvu/122

 98 STAT. 74

PUBLIC LAW 98-237—MAR. 20, 1984 -Dfij

97 Stat. 500.

46 USC app.

Public availability.

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(4) any agreement or activity concerning the foreign inland segment of through transportation that is part of transportation provided in a United States import or export trade; (5) any agreement or activity to provide or furnish wharfage, dock, warehouse, or other terminal facilities outside the United States; or (6) subject to section 20(e)(2) of this Act, any agreement, modification, or cancellation approved by the Commission before the effective date of this Act under section 15 of the Shipping Act, 1916, or permitted under section 14b thereof, and any properly published tariff, rate, fare, or charge, classification, rule, or regulation explanatory thereof implementing that argeement, modification, or cancellation. (b) EXCEPTIONS.—This Act does not extend antitrust immunity— (1) to any agreement with or among air carriers, rail carriers, motor carriers, or common carriers by water not subject to this Act with lespect to transportation within the United States; (2) to any discussion or agreement among common carriers that are subject to this Act regarding the inland divisions (as opposed to the inland portions) of through rates within the United States; or (3) to any agreement among common carriers subject to this Act to establish, operate, or maintain a marine terminal in the United States. (c) LIMITATIONS.—(1) Any determination by an agency or court that results in the denial or removal of the immunity to the antitrust laws set forth in subsection (a) shall not remove or alter the antitrust immunity for the period before the determination. (2) No person may recover damages under section 4 of the Clayton Act (15 U.S.C. 15), or obtain injunctive relief under section 16 of that Act (15 U.S.C. 26), for conduct prohibited by this Act. SEC. 8. TARIFFS.

(a) IN GENERAL.— (1) Except with regard to bulk cargo, forest products, recycled metal scrap, waste paper, and paper waste, each common carrier and conference shall file with the Commission, and keep open to public inspection, tariffs showing all its rates, charges, classifications, rules, and practices between all points or ports on its own route and on any through transportation route that has been established. However, common carriers shall not be required to state separately or otherwise reveal in tariff filings the inland divisions of a through rate. Tariffs shall— (A) state the places between which cargo will be carried; (B) list each classification of cargo in use; (C) state the level of ocean freight forwarder compensation, if any, by a carrier or conference; (D) state separately each terminal or other charge, privilege, or facility under the control of the carrier or conference and any rules or regulations that in any way change, affect, or determine any part or the aggregate of the rates or charges; and (E) include sample copies of any loyalty contract, bill of lading, contract of affreightment, or other document evidencing the transportation agreement. (2) Copies of tariffs shall be made available to any person, and a reasonable charge may be assessed for them.

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