U.S. Code » Title 46 » Subtitle Subtitle III— Maritime Liability › Chapter CHAPTER 307— LIABILITY OF WATER CARRIERS

46 U.S.C. § 30702

Application

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(a)In General.—Except as otherwise provided, this chapter applies to a carrier engaged in the carriage of goods to or from any port in the United States.(b)Live Animals.—Sections 30703 and 30704 of this title do not apply to the carriage of live animals.(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1516.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

30702(a)

(no source).

30702(b)

46 App.:195.

Feb. 13, 1893, ch. 105, § 7, 27 Stat. 446.

Subsection (a) is added based on language appearing in various source provisions restated in this chapter. The word “carriage” is substituted for “transporting”, and the word “goods” is substituted for “merchandise or property”, to use the same terminology as in the Carriage of Goods By Sea Act (Apr. 16, 1936, ch. 229, 49 Stat. 1207). The words “to or from any port in the United States” are substituted for “from or between ports of the United States and foreign ports” in 46 App. U.S.C. 190 and 193, “from or between ports of the United States of America and foreign ports” in 46 App. U.S.C. 191, and “to or from any port in the United States of America” in 46 App. U.S.C. 192, for clarity and consistency. See Knott v. Botany Mills, 179 U.S. 69 (1900).

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 2008–2024 · leading case: Sompo Japan Ins. Co. of Am. v. Norfolk S. Ry. Co., 762 F.3d 165 (2d Cir. 2014).
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Sompo Japan Ins. Co. of Am. v. Norfolk S. Ry. Co., 762 F.3d 165 (2d Cir. 2014). “§ 30701 note, and the Harter Act, 46 U.S.C. §§ 30702 et seq. Sompo Japan Ins.”
Am. Int'l Grp. Eur. S.A. v. Franco Vago Int'l Inc., 756 F. Supp. 2d 369 (S.D.N.Y. 2010). “See 46 U.S.C. §§ 30702 , 30703, 30705-30707. 4 .”
A.P. Moller-Maersk A/S v. Ocean Express Miami, 550 F. Supp. 2d 454 (S.D.N.Y. 2008). “) (“COGSA”) applies to this dispute. COGSA applies of its own force “[e]xcept as otherwise provided .”
Sompo Japan Ins. Co. of Am. v. Norfolk S. Ry. Co., 891 F. Supp. 2d 489 (S.D.N.Y. 2012). · cites it 2× “See 46 U.S.C. § 30702 et seq. For the reasons that follow, I hold that the relevant terms of the Yang Ming bill of lading constitute an agreement by plaintiffs’ insured not to sue any party other than the carrier that issued the bill.”
M3 Midstream LLC v. South Jersey Port Corp., 1 F. Supp. 3d 289 (D.N.J. 2014). “” 46 U.S.C.A. § 30702 (a). A “carrier” is defined as the “owner, manager, charterer, agent, or master of a vessel.”
Amazon Produce Network, LLC v. Nyk Line, 143 F. Supp. 3d 252 (E.D. Pa. 2015). “The statute includes the following language: (8) Any clause, covenant, or agreement in a contract of carriage relieving the carrier or the ship from liability for loss or damage to or in connection with the goods, arising from negligence, fault, or failure in the duties and…”
Mitsui O.S.K. Lines, Ltd. v. Evans Delivery Co., 948 F. Supp. 2d 406 (D.N.J. 2013). “Accordingly, there is no complete preemption of those claims under the *414 ICCTA, and the statute cannot serve as a basis for removal.”
Inter Metals Grp. v. Centrans Marine Shipping, No. 2:20-cv-07424, 2022 WL 489404 (D.N.J. Feb. 17, 2022). “Centrans relies on the Carriage of Goods by Sea Act (“COGSA”), which “applies to a carrier engaged in the carriage of goods to or from any port in the United States,” 46 U.S.C.A. § 30702 (a). Centrans Br. at 9.”
Frutera Agrosan Exp. SPA v. Trans Global Shipping N.V., No. 1:23-cv-00248 (D. Del. Sept. 27, 2024). “Preemption by COGSA The Carriage of Goods by Sea Act (“COGSA”) is a federal law governing the international shipment of goods to or from United States ports, 46 U.S.C. § 30702 (a). COGSA preempts all state and common law claims and limits a carrier’s liability.”
Sompo Japan v. Norfolk So. Ry., Nipponkoa Ins. v. Norfolk So. Ry., No. 13-3416-cv, 13-3501-cv (2d Cir. Aug. 6, 2014). “§ 30701 note, and the Harter Act, 46 U.S.C. §§ 30702 et seq. Sompo Japan Ins.”
Outokumpu Stainless USA, LLC v. M/V VEGALAND, 21 F. Supp. 3d 816 (S.D. Tex. 2014). “” 46 U.S.C. § 30702 . The COGSA package limitation provides, in relevant part: Neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the transportation of goods in an amount exceeding $500 per package lawful money…”
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