§ 128. — Discriminating duty on goods imported in foreign vessels or from foreign countries; exception.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC128]
TITLE 19--CUSTOMS DUTIES
CHAPTER 3--THE TARIFF AND RELATED PROVISIONS
SUBTITLE III--SPECIAL PROVISIONS
Countervailing and Discriminating Duty
Sec. 128. Discriminating duty on goods imported in foreign
vessels or from foreign countries; exception
A discriminating duty of 10 per centum ad valorem, in addition to
the duties imposed by law, shall be levied, collected, and paid on all
goods, wares, or merchandise which shall be imported in vessels not of
the United States, or which being the production or manufacture of any
foreign country not contiguous to the United States, shall come into the
United States from such contiguous country; but this discriminating duty
shall not apply to goods, wares, or merchandise which shall be imported
in vessels not of the United States entitled at the time of such
importation by treaty or convention or Act of Congress to be entered in
the ports of the United States on payment of the same duties as shall
then be payable on goods, wares, and merchandise imported in vessels of
the United States, nor to goods, wares, and merchandise imported in a
vessel owned by citizens of the United States but not a vessel of the
United States if such vessel after entering an American port shall,
before leaving the same, be documented under chapter 121 of title 46,
nor to such foreign products or manufactures as shall be imported from
such contiguous countries in the usual course of strictly retail trade.
(Oct. 3, 1913, ch. 16, Sec. IV, J, subsec. 1, 38 Stat. 195; Mar. 4,
1915, ch. 171, Sec. 1, 38 Stat. 1193; June 17, 1930, ch. 497, title IV,
Sec. 651(d), 46 Stat. 763; Pub. L. 103-182, title VI, Sec. 689(a)(1),
Dec. 8, 1993, 107 Stat. 2222.)
Codification
Section is a composite of acts Oct. 3, 1913, ch. 16, and Mar. 4,
1915, ch. 171, as amended. The words ``nor to goods, wares, and
merchandise imported in a vessel owned by citizens of the United States
but not a vessel of the United States if such vessel after entering an
American port shall, before leaving the same, be documented under
chapter 121 of title 46,'' are based on the nonspecific amendment of act
Oct. 3, 1913, by act Mar. 4, 1915, as amended.
Section is also classified in part to section 146 of the Appendix to
Title 46, Shipping.
Amendments
1993--Pub. L. 103-182, which directed the amendment of act Oct. 3,
1913, by substituting ``documented under chapter 121 of title 46,'' for
``registered as a vessel of the United States,'', was executed by making
the substitution in that part of this section comprised of provisions of
act Mar. 4, 1915. See Codification note above.
Amendment or Repeal; Exception
Section is expressly excepted from amendment or repeal by the Tariff
Act of 1930 (act June 17, 1930, ch. 497, title IV, 46 Stat. 763) by
section 651(d) of that act which is classified to section 1651(d) of
this title.
Section Referred to in Other Sections
This section is referred to in sections 130, 1651 of this title.
