§1702. Definitions

As used in this chapter-

(1) "agreement" means an understanding, arrangement, or association (written or oral) and any modification or cancellation thereof; but the term does not include a maritime labor agreement.

(2) "antitrust laws" means the Act of July 2, 1890 (ch. 647, 26 Stat. 209), as amended [15 U.S.C. 1 et seq.]; the Act of October 15, 1914 (ch. 323, 38 Stat. 730), as amended [15 U.S.C. 12 et seq.]; the Federal Trade Commission Act (38 Stat. 717), as amended [15 U.S.C. 41 et seq.]; sections 73 and 74 of the Act of August 27, 1894 (28 Stat. 570), as amended [15 U.S.C. 8 and 9]; the Act of June 19, 1936 (ch. 592, 49 Stat. 1526), as amended [15 U.S.C. 13, 13a, 13b, 21a]; the Antitrust Civil Process Act (76 Stat. 548), as amended [15 U.S.C. 1311 et seq.]; and amendments and Acts supplementary thereto.

(3) "assessment agreement" means an agreement, whether part of a collective-bargaining agreement or negotiated separately, to the extent that it provides for the funding of collectively bargained fringe benefit obligations on other than a uniform man-hour basis, regardless of the cargo handled or type of vessel or equipment utilized.

(4) "bulk cargo" means cargo that is loaded and carried in bulk without mark or count.

(5) "Commission" means the Federal Maritime Commission.

(6) "common carrier" means a person holding itself out to the general public to provide transportation by water of passengers or cargo between the United States and a foreign country for compensation that-

(A) assumes responsibility for the transportation from the port or point of receipt to the port or point of destination, and

(B) utilizes, for all or part of that transportation, a vessel operating on the high seas or the Great Lakes between a port in the United States and a port in a foreign country, except that the term does not include a common carrier engaged in ocean transportation by ferry boat, ocean tramp, or chemical parcel-tanker or by vessel when primarily engaged in the carriage of perishable agricultural commodities (i) if the common carrier and the owner of those commodities are wholly-owned, directly or indirectly, by a person primarily engaged in the marketing and distribution of those commodities and (ii) only with respect to the carriage of those commodities. As used in this paragraph, "chemical parcel-tanker" means a vessel whose cargo-carrying capability consists of individual cargo tanks for bulk chemicals that are a permanent part of the vessel, that have segregation capability with piping systems to permit simultaneous carriage of several bulk chemical cargoes with minimum risk of cross-contamination, and that has a valid certificate of fitness under the International Maritime Organization Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk.

(7) "conference" means an association of ocean common carriers permitted, pursuant to an approved or effective agreement, to engage in concerted activity and to utilize a common tariff; but the term does not include a joint service, consortium, pooling, sailing, or transshipment arrangement.

(8) "controlled carrier" means an ocean common carrier that is, or whose operating assets are, directly or indirectly, owned or controlled by a government; ownership or control by a government shall be deemed to exist with respect to any carrier if-

(A) a majority portion of the interest in the carrier is owned or controlled in any manner by that government, by any agency thereof, or by any public or private person controlled by that government; or

(B) that government has the right to appoint or disapprove the appointment of a majority of the directors, the chief operating officer, or the chief executive officer of the carrier.

(9) "deferred rebate" means a return by a common carrier of any portion of freight money to a shipper as a consideration for that shipper giving all, or any portion, of its shipments to that or any other common carrier over a fixed period of time, the payment of which is deferred beyond the completion of service for which it is paid, and is made only if the shipper has agreed to make a further shipment or shipments with that or any other common carrier.

(10) "forest products" means forest products including, but not limited to lumber in bundles, rough timber, ties, poles, piling, laminated beams, bundled siding, bundled plywood, bundled core stock or veneers, bundled particle or fiber boards, bundled hardwood, wood pulp in rolls, wood pulp in unitized bales, paper and paper board in rolls or in pallet or skid-sized sheets.

(11) "inland division" means the amount paid by a common carrier to an inland carrier for the inland portion of through transportation offered to the public by the common carrier.

(12) "inland portion" means the charge to the public by a common carrier for the nonocean portion of through transportation.

(13) "loyalty contract" means a contract with an ocean common carrier or agreement by which a shipper obtains lower rates by committing all or a fixed portion of its cargo to that carrier or agreement and the contract provides for a deferred rebate arrangement.

(14) "marine terminal operator" means a person engaged in the United States in the business of furnishing wharfage, dock, warehouse, or other terminal facilities in connection with a common carrier, or in connection with a common carrier and a water carrier subject to subchapter II of chapter 135 of title 49.

(15) "maritime labor agreement" means a collective-bargaining agreement between an employer subject to this chapter, or group of such employers, and a labor organization representing employees in the maritime or stevedoring industry, or an agreement preparatory to such a collective-bargaining agreement among members of a multiemployer bargaining group, or an agreement specifically implementing provisions of such a collective-bargaining agreement or providing for the formation, financing, or administration of a multiemployer bargaining group; but the term does not include an assessment agreement.

(16) "ocean common carrier" means a vessel-operating common carrier.

(17) "ocean transportation intermediary" means an ocean freight forwarder or a non-vessel-operating common carrier. For purposes of this paragraph, the term-

(A) "ocean freight forwarder" means a person that-

(i) in the United States, dispatches shipments from the United States via a common carrier and books or otherwise arranges space for those shipments on behalf of shippers; and

(ii) processes the documentation or performs related activities incident to those shipments; and

(B) "non-vessel-operating common carrier" means a common carrier that does not operate the vessels by which the ocean transportation is provided, and is a shipper in its relationship with an ocean common carrier.

(18) "person" includes individuals, corporations, partnerships, and associations existing under or authorized by the laws of the United States or of a foreign country.

(19) "service contract" means a written contract, other than a bill of lading or a receipt, between one or more shippers and an individual ocean common carrier or an agreement between or among ocean common carriers in which the shipper or shippers makes a commitment to provide a certain volume or portion of cargo over a fixed time period, and the ocean common carrier or the agreement commits to a certain rate or rate schedule and a defined service level, such as assured space, transit time, port rotation, or similar service features. The contract may also specify provisions in the event of nonperformance on the part of any party.

(20) "shipment" means all of the cargo carried under the terms of a single bill of lading.

(21) "shipper" means-

(A) a cargo owner;

(B) the person for whose account the ocean transportation is provided;

(C) the person to whom delivery is to be made;

(D) a shippers' association; or

(E) an ocean transportation intermediary, as defined in paragraph (17)(B) of this section, that accepts responsibility for payment of all charges applicable under the tariff or service contract.

(22) "shippers' association" means a group of shippers that consolidates or distributes freight on a nonprofit basis for the members of the group in order to secure carload, truckload, or other volume rates or service contracts.

(23) "through rate" means the single amount charged by a common carrier in connection with through transportation.

(24) "through transportation" means continuous transportation between origin and destination for which a through rate is assessed and which is offered or performed by one or more carriers, at least one of which is a common carrier, between a United States point or port and a foreign point or port.

(25) "United States" includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, and all other United States territories and possessions.

( Pub. L. 98–237, §3, Mar. 20, 1984, 98 Stat. 67 ; Pub. L. 99–307, §11, May 19, 1986, 100 Stat. 447 ; Pub. L. 105–258, title I, §102, Oct. 14, 1998, 112 Stat. 1902 ; Pub. L. 105–383, title IV, §424(d), Nov. 13, 1998, 112 Stat. 3441 .)

References in Text

Act of July 2, 1890 (ch. 647, 26 Stat. 209), as amended, referred to in par. (2), is known as the Sherman Act, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables.

Act of October 15, 1914 (ch. 323, 38 Stat. 730), as amended, referred to in par. (2), is known as the Clayton Act, which is classified generally to sections 12, 13, 14 to 19, 20, 21, and 22 to 27 of Title 15 and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of Title 15 and Tables.

The Federal Trade Commission Act, referred to in par. (2), is act Sept. 26, 1914, ch. 311, 38 Stat. 717 , as amended, which is classified generally to subchapter I (§41 et seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.

Sections 73 and 74 of the Act of August 27, 1894, referred to in par. (2), are sections 73 and 74 of act Aug. 27, 1894, ch. 349, 28 Stat. 570 . Sections 73 to 77 of such Act are known as the Wilson Tariff Act. Sections 73 to 76 enacted sections 8 to 11 of Title 15. Section 77 was not classified to the Code. For complete classification of this Act to the Code, see Short Title note under section 8 of Title 15 and Tables.

Act of June 19, 1936 (ch. 592, 49 Stat. 1526), as amended, referred to in par. (2), is popularly known as the Robinson-Patman Antidiscrimination Act and also as the Robinson-Patman Price Discrimination Act, which enacted sections 13a, 13b, and 21a of Title 15 and amended section 13 of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 13 of Title 15 and Tables.

The Antitrust Civil Process Act, referred to in par. (2), is Pub. L. 87–664, Sept. 19, 1962, 76 Stat. 548 , as amended, which is classified generally to chapter 34 (§1311 et seq.) of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 1311 of Title 15 and Tables.

Amendments

1998-Par. (6)(B). Pub. L. 105–383, in first sentence, substituted "parcel-tanker or by vessel when primarily engaged in the carriage of perishable agricultural commodities (i) if the common carrier and the owner of those commodities are wholly-owned, directly or indirectly, by a person primarily engaged in the marketing and distribution of those commodities and (ii) only with respect to the carriage of those commodities." for "parcel-tanker."

Par. (8). Pub. L. 105–258, §102(1), substituted "a government;" for "the government under whose registry the vessels of the carrier operate;" in introductory provisions.

Par. (9). Pub. L. 105–258, §102(2), added par. (9) and struck out former par. (9) which read as follows: " 'deferred rebate' means a return by a common carrier of any portion of the freight money to a shipper as a consideration for that shipper giving all, or any portion, of its shipments to that or any other common carrier, or for any other purpose, the payment of which is deferred beyond the completion of the service for which it is paid, and is made only if, during both the period for which computed and the period of deferment, the shipper has complied with the terms of the rebate agreement or arrangement."

Par. (10). Pub. L. 105–258, §102(5), substituted "paper and paper board in rolls or in pallet or skid-sized sheets." for "paper board in rolls, and paper in rolls."

Pub. L. 105–258, §102(4), struck out "in an unfinished or semifinished state that require special handling moving in lot sizes too large for a container," after "means forest products".

Pub. L. 105–258, §102(3), redesignated par. (11) as (10) and struck out former par. (10) which read as follows: " 'fighting ship' means a vessel used in a particular trade by an ocean common carrier or group of such carriers for the purpose of excluding, preventing, or reducing competition by driving another ocean common carrier out of that trade."

Pars. (11), (12). Pub. L. 105–258, §102(3), redesignated pars. (12) and (13) as (11) and (12), respectively. Former par. (11) redesignated (10).

Par. (13). Pub. L. 105–258, §102(7), substituted "agreement and the contract provides for a deferred rebate arrangement." for "conference."

Pub. L. 105–258, §102(6), substituted "agreement" for "conference, other than a service contract or contract based upon time-volume rates,".

Pub. L. 105–258, §102(3), redesignated par. (14) as (13). Former par. (13) redesignated (12).

Par. (14). Pub. L. 105–258, §102(3), (8), redesignated par. (15) as (14) and substituted "carrier, or in connection with a common carrier and a water carrier subject to subchapter II of chapter 135 of title 49." for "carrier." Former par. (14) redesignated (13).

Par. (15). Pub. L. 105–258, §102(3), redesignated former par. (16) as (15). Former par. (15) redesignated (14).

Par. (16). Pub. L. 105–258, §102(9), redesignated par. (17) as (16) and struck out former par. (16) which read as follows: " 'non-vessel-operating common carrier' means a common carrier that does not operate the vessels by which the ocean transportation is provided, and is a shipper in its relationship with an ocean common carrier."

Pub. L. 105–258, §102(3), redesignated par. (17) as (16). Former par. (16) redesignated (15).

Par. (17). Pub. L. 105–258, §102(10), added par. (17) and struck out former par. (17) which read as follows: " 'ocean freight forwarder' means a person in the United States that-

"(A) dispatches shipments from the United States via common carriers and books or otherwise arranges space for those shipments on behalf of shippers; and

"(B) processes the documentation or performs related activities incident to those shipments."

Pub. L. 105–258, §102(9), redesignated par. (18) as (17). Former par. (17) redesignated (16).

Pub. L. 105–258, §102(3), redesignated par. (18) as (17). Former par. (17) redesignated (16).

Par. (18). Pub. L. 105–258, §102(9), redesignated par. (19) as (18). Former par. (18) redesignated (17).

Pub. L. 105–258, §102(3), redesignated par. (19) as (18). Former par. (18) redesignated (17).

Par. (19). Pub. L. 105–258, §102(11), added par. (19) and struck out former par. (19) which read as follows: " 'service contract' means a contract between a shipper and an ocean common carrier or conference in which the shipper makes a commitment to provide a certain minimum quantity of cargo over a fixed time period, and the ocean common carrier or conference commits to a certain rate or rate schedule as well as a defined service level-such as, assured space, transit time, port rotation, or similar service features; the contract may also specify provisions in the event of nonperformance on the part of either party."

Pub. L. 105–258, §102(9), redesignated par. (20) as (19). Former par. (19) redesignated (18).

Pub. L. 105–258, §102(3), redesignated par. (20) as (19). Former par. (19) redesignated (18).

Par. (20). Pub. L. 105–258, §102(9), redesignated par. (21) as (20). Former par. (20) redesignated (19).

Pub. L. 105–258, §102(3), redesignated par. (21) as (20). Former par. (20) redesignated (19).

Par. (21). Pub. L. 105–258, §102(12), added par. (21) and struck out former par. (21) which read as follows: " 'shipper' means an owner or person for whose account the ocean transportation of cargo is provided or the person to whom delivery is to be made."

Pub. L. 105–258, §102(9), redesignated par. (22) as (21). Former par. (21) redesignated (20).

Pub. L. 105–258, §102(3), redesignated par. (22) as (21). Former par. (21) redesignated (20).

Pars. (22) to (27). Pub. L. 105–258, §102(3), (9), redesignated pars. (24) to (27) as (22) to (25), respectively. Former pars. (22) and (23) redesignated (20) and (21), respectively.

1986-Par. (6)(B). Pub. L. 99–307, §11(1), inserted provision that "common carrier" not include common carrier engaged in ocean transportation by ferry boat, ocean tramp, or chemical parcel-tanker, and defined "chemical parcel-tanker".

Par. (18). Pub. L. 99–307, §11(2), struck out "; but the term does not include one engaged in ocean transportation by ferry boat or ocean tramp" after "common carrier".

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–258 effective May 1, 1999, see section 2 of Pub. L. 105–258, set out as a note under section 1701 of this Appendix.

Section Referred to in Other Sections

This section is referred to in sections 1241s, 1707, 1709, 1710a, 1718, 1807 of this Appendix; title 19 section 1641; title 41 section 431; title 49 section 5901.