§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, §IV, J, subsec. 1, 38 Stat. 195 ; Mar. 4, 1915, ch. 171, §1, 38 Stat. 1193 ; June 17, 1930, ch. 497, title IV, §651(d), 46 Stat. 763 ; Pub. L. 103–182, title VI, §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.