Sec. 2. Definitions
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/bill/113/s/1509/is/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term commercial cargo — means— any cargo transported on a commercial vessel, including passengers transported for compensation or hire; and international maritime cargo; and does not include— bunker fuel, ship’s stores, sea stores, or the legitimate equipment necessary to the operation of a vessel; or fish or other aquatic animal life caught and not previously landed on shore. The term commercial vessel — means any vessel used— in transporting cargo by water for compensation or hire; or in transporting cargo by water in the business of the owner, lessee, or operator of the vessel; and does not include any ferry engaged primarily in the ferrying of passengers (including their vehicles) between points within the United States, or between the United States and contiguous countries.
The term ferry means any vessel which arrives in the United States on a regular schedule during its operating season at intervals of at least once each business day. The term international maritime cargo means any cargo that is moved by ship that arrives into the United States from a point outside the United States, regardless of whether such cargo— arrives in the United States by ship; or is unloaded in a foreign country and arrives in the United States by another form of transit.
The term low-use port means a port at which not more than 1,000,000 tons of cargo is transported each calendar year. The term point of entry means a place where commercial cargo enters the United States. Except as provided in subparagraphs
(B)and (C), or otherwise specifically provided in this Act, the term port means any channel or harbor (or component thereof) in the United States, which— is not an inland waterway; and is open to public navigation. The term port does not include any channel or harbor with respect to which no Federal funds have been used since 1977 for construction, maintenance, or operation, or which was deauthorized by Federal law before 2013. The term port shall include the channels of the Columbia River in the States of Oregon and Washington only up to the downstream side of the Bonneville Lock and Dam. The term super donor port means a port for which average expenditures in the 5 previous fiscal years— for fiscal years beginning prior to the date of the enactment of this Act, from the Harbor Maintenance Trust Fund pursuant to section 9505(c)(1) of the Internal Revenue Code of 1986 (relating to expenditures from the Harbor Maintenance Trust Fund) are less than 10 percent of the total average amount of harbor maintenance taxes collected through landings at such port in such fiscal years; or for fiscal years beginning after such date of enactment, from the amounts collected for the Maritime Goods Movement User Fee are less than 10 percent of the total average amount of such Fees collected through landings at such port. The amount of expenditures under subparagraph
(A)shall only include expenditures made at such a port in the immediate harbor area containing docks and other facilities utilized for the loading and unloading of foreign waterborne commerce and in any navigational channels in the United States that are necessary for the transportation of such foreign waterborne commerce between such immediate harbor areas and foreign ports. The term value means— with respect to domestic commercial cargo, the value as determined by standard commercial documentation; with respect to imported commercial cargo, the appraised value for duty as determined under section 402 of the Tariff Act of 1930 ( 19 U.S.C. 1401a ); or with respect to the transportation of passengers for hire, the actual charge paid for such service or the prevailing charge for comparable service if no actual charge is paid.
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U.S. Code