PUBLIC LAW 109–304—OCT. 6, 2006
120 STAT. 1645
‘‘§ 55314. Transportation requirements for certain exports sponsored by the Secretary of Agriculture ‘‘(a) MINIMUM TONNAGE.— ‘‘(1) IN GENERAL.—In addition to the requirement under section 55305 of this title for the transportation of a percentage of gross tonnage on commercial vessels of the United States, 25 percent of the gross tonnage of agricultural commodities or their products specified in subsection (b) shall be transported each calendar year on commercial vessels of the United States that— ‘‘(A) are necessary for national security; and ‘‘(B) if more than 25 years old, were rebuilt within the last 5 years and certified by the Secretary of Transportation as having a useful life of at least 5 years after that rebuilding. ‘‘(2) CALENDAR YEAR.—To provide for effective and equitable administration of the cargo preference laws, the calendar year for the purpose of compliance with minimum percentage requirements is the 12-month period beginning October 1 of each year. ‘‘(b) APPLICABLE EXPORT ACTIVITY.—This section applies to export activity (except inspection or weighing activities, other activities carried out for health or safety, or technical assistance provided in the handling of commercial transactions) of the Secretary of Agriculture or the Commodity Credit Corporation— ‘‘(1) carried out under the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.); ‘‘(2) carried out under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431); ‘‘(3) carried out under the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f–1); ‘‘(4) under which agricultural commodities or their products are— ‘‘(A) donated through foreign governments or private or public agencies, including intergovernmental organizations; or ‘‘(B) sold for foreign currencies or for dollars on credit terms of more than 10 years; ‘‘(5) under which agricultural commodities or their products are made available for emergency food relief at less than prevailing world market prices; ‘‘(6) under which a cash grant is made directly or through an intermediary to a foreign purchaser to enable the purchaser to obtain United States agricultural commodities or their products in an amount greater than the difference between the prevailing world market price and the United States market price, free along side vessel at a United States port; or ‘‘(7) under which agricultural commodities owned or controlled by or under loan from the Corporation are exchanged or bartered for materials, goods, equipment, or services produced in foreign countries, except export activities described in section 55313(5) of this title. ‘‘(c) ADDITIONAL REQUIREMENTS.— ‘‘(1) APPLICATION OF SECTION 55305.—The requirement for transportation on vessels of the United States under subsection (a) is subject to the same terms and conditions as provided in section 55305 of this title.
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