---
kind: "section"
citation: "46 U.S.C. § 42302"
title: "46"
title_heading: "Shipping"
number: "42302"
heading: "Investigations"
release: "119-102"
url: "https://uscodex.org/usc/46/42302"
units:
  - "Subtitle IV — Regulation of Ocean Shipping"
  - "Part B — Actions To Address Foreign Practices"
  - "Chapter 423 — Foreign Shipping Practices"
---

# §42302. Investigations

- (a) **In General.—** The Federal Maritime Commission shall investigate whether any laws, rules, regulations, policies, or practices of a foreign government, or any practices of a [foreign carrier](/usc/46/42301.md?p=b-1) or other person providing maritime or [maritime-related services](/usc/46/42301.md?p=b-3) in a foreign country, result in the existence of conditions that—
  - (1) adversely affect the operations of [United States carriers](/usc/46/42301.md?p=b-4) in [United States oceanborne trade](/usc/46/42301.md?p=b-5); and
  - (2) do not exist for [foreign carriers](/usc/46/42301.md?p=b-1) of that country in the [United States](/usc/46/114.md) under the laws of the [United States](/usc/46/114.md) or as a result of acts of [United States carriers](/usc/46/42301.md?p=b-4) or other persons providing maritime or [maritime-related services](/usc/46/42301.md?p=b-3) in the [United States](/usc/46/114.md).
- (b) **Initiation of Investigation.—** An investigation under [subsection (a)](#a) may be initiated by the Commission on its own motion or on the petition of any person, including another component of the [United States](/usc/46/114.md) Government.
- (c) **Time for Decision.—** The Commission shall complete an investigation under this section and render a decision within 120 days after it is initiated. However, the Commission may extend this 120-day period for an additional 90 days if the Commission is unable to obtain sufficient information to determine whether a condition specified in [subsection (a)](#a) exists. A notice providing an extension shall [state](/usc/46/112.md) clearly the reasons for the extension.

## Source credit

(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1552.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 42302(a) | 46 App.:1710a(b). | Pub. L. 100–418, title X, § 10002(b), (c), Aug. 23, 1988, 102 Stat. 1570; Pub. L. 105–258, title I, § 111(4), Oct. 14, 1998, 112 Stat. 1911. |
| 42302(b) | 46 App.:1710a(c)(1). |  |
| 42302(c) | 46 App.:1710a(c)(2). |  |

In subsection (b), the words “including another component of the United States Government” are substituted for “including any common carrier, shipper, shippers’ association, ocean transportation intermediary, or marine terminal operator, or any branch, department, agency, or other component of the Government of the United States” for consistency with section 42101(b) of the revised title and to eliminate unnecessary words.