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B-136530 1 (1978-01-06)

handle is hein.gao/gaobadfoj0001 and id is 1 raw text is: 







                           \/i THE  COMPTOOLLEiFI       ENEH.\L
  r3rlISION             L   . OF   THE    UNITrE      STATED
  WN WASH ING TO N, 0. , 2 0542Q




  FILE: B-136530                     C0ATE:   January 6, 1978

  MA.TTER  OF:   Interpretation of 1954 Cargo Preference Law,
                 46 U.S.C. 12410)(1)  (1970), Reconsideration,
                 55 Comp. Cen. 1097 (1976), affirmed.
 DIGEST:

 1.  Even though cargo on U.S.-documented LASH barges is carried
     on privately-ouned U.S.-flag commercial vessels[(LASH)
     mother ship],cargo tarried on a combination of those LASH
     barges and a foreign-flag FLASK unit is not carriage on
     .privately-owned United States-flag commercial vessels for
     thepurposes  of the 1954 Cargo Preference Law.

2.   Even though ocean carrier's LASH/FLASH operation was
     analogous to its competitor's breakbulk operations, there
     is a significanc difiurenc2 in competitor's use of
     foreian-fla  vessels for delivery of 10 to 20 miles in the
     port area to perform ligncerage and in ocean carrier's
     LASH/FLASH s-  em's use of those vessels for transportatiun
     and delivery to the por area from about 200 miles away.

3.   Prior opinion did not depr:.d on tae particular U.S.-flag
     service used; it depended on fact that port-to-port
     breakbulk sLrvice was available on privately-oined United
     StaLeL flag vessels; hos the particular part configuration
     appears a mere excuse for use of foreign-flag FLASH uni..

4.   Decision is in accord with rngulations issued by Maritine
     Administracion to implement uniform administration of 1c54
     Cargo Preference Law.

     Central Gulf Lines, Inc. (Central Galf), requests reconsidcw-
arion of our decision in 55 Comp. Gen. 107 (WI'  .  The Assisca'i
Secretary for Yaritime Affairs, United States oupartmenr of
Commerce has joined in che request for reconsideration.

     The decision concerned Central Gulf Lines, Inc. (Central
Gulf), which operates a C.S.-ilag LASW (Lighter Aboard Ship)
service to Southeast Asia, and which guar;ntees direct daivery
to the port of Chittagong io ganyladosh. However, its mother
ships, which have an overall lenguh of 893 fMet and a de;Ign draft


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