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NOTES:


Source

(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, 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.

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