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The words "of the United States" following "President" have been deleted as surplusage because "President" is defined as "President of the United States" in section 101 of this act.

Other changes have been made in phraseology as required in the context of this act.

SEC. 1008. SPECIAL TONNAGE TAXES: RECIPROCAL EXEMPTION. (a) [Upon] On vessels which shall be entered in the United States from any foreign port or place, except as provided in subsection (b) of this section, there shall be paid [duties] taxes as follows:

(1) On vessels built [within] in the United States but belonging wholly or in part to subjects of foreign powers, [at the rate of] 30 cents per ton;

(2) [on] On other vessels not of the United States, [at the rate of 50 cents per ton[]; and

(3) On vessels of the United States, not under provisional register, any officer of which shall not be a citizen of the United States, 50 cents per ton.

(b) On foreign vessels which shall be entered in the United States from any foreign port or place to and with which vessels of the United States are not ordinarily permitted to enter and trade, there shall be paid taxes of $2 per ton.

(c) [Upon] On [every vessel] vessels not of the United States [,] which shall be entered in one district] at a port or place within the United States from another [district] port or place within the same, having on board goods, wares, or merchandise taken [in one district] at a port or place within the United States to be delivered [in another district] at another such port or place, [duties] there shall be paid taxes [at the rate] of 50 cents per ton.

(d) The taxes prescribed by this section shall not be required where a vessel owned by citizens of the United States but not a vessel of the United States shall, after entering an American port and before leaving it, be registered as a vessel of the United States.

(e) [Nothing in this section shall be deemed in anywise to impair any rights or privileges which have been or may be acquired by any foreign nation under the laws and treaties of the United States relative to the duty of tonnage on vessels. On all foreign vessels which shall be entered in the United States from any foreign port or place, to and with which vessels of the United States are not ordinarily permitted to enter and trade, there shall be paid a duty at the rate of $2 per ton; and none] None of the [duties on tonnage above mentioned] taxes prescribed by this section shall be levied on the vessels of any foreign nation if the President [of the United States] shall be satisfied, pursuant to the provisions of section 1011 of this Act, that the discriminating or countervailing duties, taxes, or imposts of such foreign nations, so far as they operate to the disadvantage of the United States, have been abolished[:] [* ** and any rights or privileges acquired by any foreign nation under the laws and treaties of the United States relative to the duty of tonnage on vessels shall not be impaired; and any vessel any officer of which shall not be a citizen of the United States shall pay a tax of 50 cents per ton.]

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 121 (R.S. § 4219; Feb. 27, 1877, c. 69, § 1, 19 Stat. 250; June 26, 1884, c. 121, § 14, 23 Stat. 57; Apr. 4, 1888, c. 61, § 1, 25 Stat. 80; Mar. 4, 1915, c. 171, § 1, 38 Stat. 1193).

Subsections (a), (b), (c), and (e) of this section are based on R.S. § 4219, as amended. Subsection (d) is an adaptation of act Mar. 4, 1915, c. 171, § 1, 38 Stat. 1193, which as amendatory legislation is not amenable to comparative print and which is, therefore, in pertinent part set out below:

"So much of sections 4219 and 4225 of the Revised Statutes (46 U.S.C. 121 and 128) as imposes tonnage duties of 50 cents per ton and light money of 50 cents per ton on a vessel owned by citizens of the United States but not a vessel of the United States; *** are hereby repealed. *** Provided, however, That the provisions of this act shall apply only in case that any vessel of the character above described after entering an American port shall, before leaving the same, be registered as a vessel of the United States."

The words ", except as provided in subsection (b) of this section," have been inserted after "place" in subsection (a) to distinguish taxes applicable to vessels entered from "any foreign port or place" from those applicable to foreign vessels entered from "any foreign port or place to and with which vessels of the United States are not ordinarily permitted to enter and trade."

The words "of the United States, not under provisional register" have been inserted after "vessels" in paragraph (3) of subsection (a) of this section (formerly the first clause of the second sentence of subsec. (e)). The addition of the words "of the United States" is consonant with administrative practice which has established that this provision is applicable only to vessels of the United States and is intended as a sanction for noncompliance with 46 U.S.C. 221 (sec. 201 of this act) which requires that officers of vessels of the United States shall be citizens of the United States. The addition of the words "not under provisional register" is consistent with 46 U.S.C. 12 (subsec. (b) of sec. 207 of this act), which provides that a provisional certificate of registry issued to a vessel abroad "*** shall entitle the vessel to the privileges of a vessel of the United States in trade with foreign countries or with the islands of Guam, Tutuila, Wake, Midway, and Kingman Reef until the expiration of six months from its date or until ten days after the vessel's arrival at a port of the United States, whichever first happens. On arrival at a port of the United States the vessel shall become subject to the laws relating to officers, inspection, and measurement."

For the words "in one district from another district" in subsection (c) there has been substituted "at a port or place within the United States from another port or place within the same," and for the words "in one district to be delivered in another district" there has been substituted "at a port or place in the United States to be delivered at another such port or place," for the reasons stated in the note to section 245 of this act. With respect to movements of foreign vessels, see the note to section 927 of this act. Vessels not of the United States are as a class, with limited statutory exceptions, forbidden by section 506 of this act to have "on board goods, wares, or merchandise taken at a port or place in the United States to be delivered at another port or place within the same.' When the limited statutory exceptions apply, the instant section would be inoperative. The provisions of 46 U.S.C. 319 (sec. 247 of this act) require the enrollment and licensing, or licensing, as appropriate, of vessels entitled to be documented as vessels of the United States, except registered vessels, which would trade "between district and district, or between different places in the same district." The change here made is consistent with the words "or between different places in the same district" in that statute.

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The statement in two places in subsection (e) to the effect that the rights or privileges acquired by any foreign nation under the laws and treaties of the United States relative to the duty of tonnage on vessels shall not be impaired has been omitted as covered by section 1014 of this act. The second clause of the second sentence of subsection (e), concerning taxes to be paid by foreign vessels entered from any foreign port or place to and with which vessels of the United States are not ordinarily permitted to enter and trade, is the basis of subsection (b) of this section, and, as previously noted, the last clause of subsection (e) is the basis of paragraph (3) of subsection (a) of this section.

The word "taxes" has been substituted for or used in lieu of "duties" in this section consistent with section 1001 of this act and for the reasons stated in the note thereto.

The words "of the United States" following "President" in subsection (e) have been deleted as surplusage because "President" is defined as "President of the United States" in section 101 of this act.

SEC. 1009. LIGHT MONEY.-A [duty] tax of 50 cents per ton, to be denominated "light money," shall be levied and collected] imposed on all vessels not of the United States, which may enter the ports of the United States. Such light money shall be levied and collected in the same manner and under the same regulations as the tonnage [duties] taxes. No such taxes shall be required where a vessel owned by citizens of the United States but not a vessel of the United States shall, after entering an American port and before leaving it, be registered as a vessel of the United States.

NOTE

This section is based on title 46, U.S.C. 1964 ed., § 128 (R.S. § 4225; Mar. 4, 1915, c. 171, § 1, 38 Stat. 1193).

The word "tax" has been substituted for "duty" and the word "taxes" for "duties" consistent with section 1001 of this act and for the reasons stated in the note thereto.

The last sentence of this section is an adaptation of the act Mar. 4, 1915, c. 171, section 1, 38 Stat. 1193, which, as amendatory legislation, is not amenable to a comparative print. The pertinent part of that act is set out in the note following section 1008 of this act.

Changes have been made in phraseology as required in the context of this act.

SEC. 1010. SAME: UNREGISTERED VESSELS OWNED BY CITIZENS EXEMPT; PROOF.-[The preceding section] Section 1009 of this Act shall not be deemed to operate upon unregistered vessels, owned by citizens of the United States, and carrying a [sea-letter, or other] regular document, issued from a customhouse of the United States, proving the vessel to be American property. Upon the entry of every such vessel from any foreign port, if the same shall be at the port at which the owner or any of the part owners reside, such owner or part owners shall make oath that the [sea-letter or other regular] document possessed by such vessel contains the name or names of all the persons who are then the owners of the vessel; or if any part of such vessel has been sold or transferred since the date of such [sea-letter or] document, that such is the case, and that no foreign subject or citizen has, to the best of his knowledge and belief, any share, by way of trust, confidence or otherwise, in such a vessel. If neither the owner [or] nor any part owner [does not reside] resides at the port or place at which such vessel shall enter, then the master shall make oath to the like effect. If the owner or part owner, where there is one, or the master, where there is no owner, shall refuse to so swear, such vessel shall not be entitled to the privileges granted by this section.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 129 (R.S. § 4226).

The reference to "sea-letter" has been deleted as obsolete. See the note to section 259 of this act.

Changes have been in phraseology as required in the context of this act.

SEC. 1011. SUSPENSION OF DISCRIMINATORY TAXES OR DUTIES; PARTIAL SUSPENSION. (a) Upon satisfactory proof being given to the President by the government of any foreign nation[,] that no discriminating [duties of] tonnage taxes or imposts are imposed or levied in the ports of such nation upon vessels wholly belonging to citizens of the United States, or upon the produce, manufactures, or

merchandise imported in the same from the United States or from any foreign country, the President may issue his proclamation, declaring that the foreign discriminating [duties of] tonnage taxes and imposts within the United States are suspended and discontinued [,] so far as respects the vessels of such foreign nation and the produce, manufactures, or merchandise imported into the United States from such foreign nation[] or from any other foreign country; the suspension to take effect from the time of such notification being given to the President[] and to continue so long as the reciprocal exemption of vessels, belonging to citizens of the United States [,] and their cargoes shall be continued, and no longer.

(b) [Provided, That the] The President is authorized to suspend in part the operation of [sections 4219 and 2502] section 1008 of this Act and of the Act of October 3, 1913, c. 16, section IV, J, subsection 1, 38 Stat. 195, as amended (19 U.S.C. 128), so that foreign vessels from a country imposing partial discriminating tonnage [duties] taxes upon American vessels, or partial discriminating import duties upon American merchandise, may enjoy in our ports the identical privileges which the same class of American vessels and merchandise may enjoy in said foreign country.

(c) As used in this section the term "tonnage taxes" includes light money or lighthouse dues, however designated.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 141 (R.S. § 4228; July 24, 1897, c. 13, 30 Stat. 214).

The term "tonnage taxes" has been substituted for "duties of tonnage" in two places in subsection (a), and the word "taxes" has been substituted for "duties" in subsection (b) consistent with section 1001 of this act and for the reasons stated in the note thereto.

The pertinent provisions of R.S. § 4219 are incorporated in section 1008 of this act. R.S. 2502, which imposed a discriminating duty upon merchandise imported in foreign vessels, was superseded by subsequent similar provisions in successive tariff acts, the latest of which is found in act Oct. 3, 1913, c. 16, § IV, J. subsec. 1, 38 Stat. 195, as amended Mar. 4, 1915, c. 171, § 1, 38 Stat. 1193; June 17, 1930, c. 497, title IV, § 651 (d) (1), 46 Stat. 763 (19 U.S.C. 128; 46 U.S.C. 146). (See par. 4 of the historical note following 46 U.S.C. 146.) As that part of the act Oct. 3, 1913, as amended, referred to above is concerned with a discriminating duty on merchandise, it is not being incorporated into this act, but will continue to be codified as 19 U.S.C. 128. The dual reference now found in 46 U.S.C. 146 has been eliminated.

Subsection (c) has been added consistent with the second sentence of section 1009 of this act, providing that light money shall be levied and collected in the same manner and under the same regulations as tonnage taxes, and § 4.22, Customs Regulations (19 CFR 4.22), under which nations whose vessels are exempted by treaties, Presidential proclamations, or orders of the Secretary of the Treasury from the payment of any higher tonnage taxes than are applicable to vessels of the United States also are exempted from the payment of light money. (See also the historical note following 46 U.S.C. 141.) "Light money" is sometimes designated as "lighthouse dues"; hence both terms have been used in subsection (c).

Changes in arrangement and phraseology have been made as required in the context of this act.

SEC. 1012. RETALIATORY SUSPENSION OF COMMERCIAL Privileges TO FOREIGN VESSELS; PENALTIES.-Whenever any foreign country whose vessels have been placed on the same footing in the ports of the United States as American vessels (the coastwise trade excepted) shall deny to any vessels of the United States any of the commercial

privileges accorded to national vessels in the harbors, ports, or waters of such foreign country, the President, on receiving satisfactory information of the continuance of such discriminations against any vessels of the United States, is [hereby] authorized to issue his proclamation excluding, on and after such time as he may indicate, from the exercise of such commercial privileges in the ports of the United States as are denied to American vessels in the ports of such foreign country, all vessels of such foreign country of a similar character to the vessels of the United States thus discriminated against, and suspending such concessions previously granted to the vessels of such country; and on and after the date named in such proclamation for it to take effect, if the master, officer, or agent of any vessel of such foreign country excluded by said proclamation from the exercise of any commercial privileges shall do any act prohibited by said proclamation in the ports, harbors, or waters of the United States for or on account of such vessel, such vessel, and its rigging, tackle, furniture, and boats, and all the goods on board, shall be liable to seizure and to forfeiture to the United States; and any person opposing any officer of the United States in the enforcement of this [act] section, or aiding and abetting any other person in such opposition, shall forfeit $800, and shall be guilty of a misdemeanor,] and [, upon conviction,] shall be liable to imprisonment for a term not exceeding two years.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 142 (June 19, 1886, c. 421, § 17, 24 Stat. 82).

The words "and shall be guilty of a misdemeanor," have been deleted as inconsistent with act June 25, 1948, c. 645, 62 Stat. 683 (18 U.S.C. i), which defines a misdemeanor as any offense other than an offense punishable by death or imprisonment for a term exceeding 1 year.

The words ".
', upon conviction," have been deleted as surplusage.

Changes have been made in phraseology as required in the context of this act.

SEC. 1013. SUSPENSION OF FREE PASSAGE THROUGH SAINT MARYS FALLS CANAL: TOLLS.-(a) With a view of securing reciprocal advantages for the citizens, ports, and vessels of the United States, whenever and so often as the President shall be satisfied that the passage through any canal or lock connected with the navigation of the Saint Lawrence River, the Great Lakes, or the waterways connecting the same, of any vessels of the United States, or of cargoes or passengers in transit to any port of the United States, is prohibited or is made difficult or burdensome by the imposition of tolls or otherwise which, in view of the free passage through the Saint Marys Falls Canal, [now] permitted to vessels of all nations, he shall deem to be reciprocally unjust and unreasonable, he shall have the power, and it shall be his duty, to suspend by proclamation to that effect, for such time and to such extent (including absolute prohibition) as he shall deem just, the right of free passage through the Saint Marys Falls Canal, so far as it relates to vessels owned by the subjects of the Government so discriminating against the citizens, ports, or vessels of the United States, or to any cargoes, portions of cargoes, or passengers in transit to the ports of the Government making such discrimination, whether carried in vessels of the United States or of other nations.

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