Page:United States Statutes at Large Volume 120.djvu/1711

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[120 STAT. 1680]
PUBLIC LAW 109-000—MMMM. DD, 2006
[120 STAT. 1680]

120 STAT. 1680

PUBLIC LAW 109–304—OCT. 6, 2006

‘‘(b) EXCEPTION FOR VESSELS OF COUNTRIES NOT MAINTAINING SIMILAR RESTRICTIONS.—Subsection (a) does not apply to a vessel of a foreign country that does not maintain a similar restriction against United States documented vessels. ‘‘(c) EXCEPTION FOR VESSELS BECOMING DOCUMENTED.—Subsection (a) does not apply to a vessel that— ‘‘(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) SEIZURE AND FORFEITURE.—If goods are imported in violation of this section, the goods and the vessel in which they are imported, along with its equipment and other cargo, may be seized by and forfeited to the United States Government. ‘‘§ 60502. Discriminating duty on goods imported in foreign vessels or from contiguous countries ‘‘(a) IMPOSITION OF DUTY.—A discriminating duty of 10 percent ad valorem (in addition to other duties imposed by law) is imposed on goods— ‘‘(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) SEIZURE AND FORFEITURE.—If goods are imported without payment of the duty required by this section, the goods and the vessel in which they are imported may be seized by, and forfeited to, the United States Government. ‘‘§ 60503. Reciprocal suspension of discriminating duties ‘‘(a) GENERAL AUTHORITY.—On receiving satisfactory proof from the government of a foreign country that it has suspended, in any part, the imposition of discriminating duties for any class of vessels owned by citizens of the United States or goods imported in those vessels, the President may proclaim a reciprocal suspension of discriminating duties for the same class of vessels owned by citizens of that country or goods imported in those vessels. ‘‘(b) EFFECTIVE AND EXPIRATION DATES.—A suspension under this section takes effect retroactively from the date the President received the proof from the foreign government, and expires when that government stops granting the reciprocal suspension. ‘‘§ 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

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