Owners engaged primarily in manufacturing or mineral industry

United States Code

Section: 12118

Jurisdiction: US

Bluebook Citation: 46 U.S.C. § 12118

the corporation is incorporated under the laws of the United States or a State; a majority of the officers and directors of the corporation are individuals who are citizens of the United States; at least 90 percent of the employees of the corporation are residents of the United States; the corporation is engaged primarily in a manufacturing or mineral industry in the United States; the total book value of the vessels owned by the corporation is not more than 10 percent of the total book value of the assets of the corporation; and the corporation buys or produces in the United States at least 75 percent of the raw materials used or sold in its operations. is incorporated under the laws of the United States or a State; and controls, directly or indirectly, at least 50 percent of the voting stock of a Bowaters corporation. is incorporated under the laws of the United States or a State; and has at least 50 percent of its voting stock controlled, directly or indirectly, by a Bowaters corporation or its parent. A Bowaters corporation is deemed to be a citizen of the United States for purposes of chapters 121, 551, and 561 and section 80104 of this title. is owned by a Bowaters corporation; was built in the United States; and is self-propelled and less than 500 gross tons as measured under section 14502 of this title, or an alternate tonnage as measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title; or is not self-propelled. a vessel documented under this section may engage in the coastwise trade; and the vessel and its owner and master are entitled to the same benefits and are subject to the same requirements and penalties as if the vessel were otherwise documented or exempt from documentation under this chapter. as a service for a parent or subsidiary of the corporation owning the vessel; or is subject to jurisdiction under subchapter II of chapter 135 of title 49; otherwise qualifies as a citizen of the United States under section 50501 of this title; and is not owned or controlled, directly or indirectly, by the corporation owning the vessel. A certificate filed by a corporation under this section remains valid only as long as the corporation continues to satisfy the conditions required of the corporation by this section. When a corporation no longer satisfies those conditions, the corporation loses its status under this section and immediately shall surrender to the Secretary any documents issued to it based on that status. If a corporation knowingly falsifies a material fact in a certificate filed under subsection (a), the vessel (or its value) documented or operated under this section shall be forfeited. If a vessel transports merchandise for hire in violation of this section, the merchandise shall be forfeited to the United States Government. If a vessel transports passengers for hire in violation of this section, the vessel is liable for a penalty of $200 for each passenger so transported. A penalty or forfeiture incurred under this subsection may be remitted or mitigated under section 2107(b) of this title. In this section: The term “Bowaters corporation” means a corporation that has filed a certificate under oath with the Secretary, in the form and at the times prescribed by the Secretary, establishing that— The term “parent” means a corporation that has filed a certificate under oath with the Secretary, in the form and at the times prescribed by the Secretary, establishing that the corporation— The term “subsidiary” means a corporation that has filed a certificate under oath with the Secretary, in the form and at the times prescribed by the Secretary, establishing that the corporation— A certificate of documentation and appropriate endorsement may be issued for a vessel that— Subject to paragraph (2)— A vessel documented under this section may transport passengers or merchandise for hire in the coastwise trade only— when under a demise or bareboat charter, at prevailing rates for use not in the domestic noncontiguous trades, from the corporation owning the vessel to a carrier that— (Source: (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1500.))

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