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B-215118 1 (1987-05-07)

handle is hein.gao/gaobadmrk0001 and id is 1 raw text is: SThe Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: Reconsideration of Claim of Hai-Tha Truong File: B-215118 Date: May 7, 1987 DIGESTS i. On reconsideration of B-215118, Dec. 18, 1984, we affirm the denial of that part of Mr. Hai-Tha Truong's claim which pertained to damages for a tricot knitting machine, on the ground that it was barred by the various statutes of limita- tion in the laws that could have formed a basis for the claim. 2. On reconsideration of B-215118, Dec. 18, 1984, we affirm the denial of that part of Mr. Hai-Tha Truong's claim per- taining to damages for lost yarn on the ground that it was barred by the applicable statute of limitations, 31 U.S.C. § 3702(b)(1). Regardless of the statute of limitations issue, however, the claimant has not sustained the burden of proof necessary to show that the transaction giving rise to the claim was not under the Commodity Import Program, a program that gave the Agency for International Development (AID) the right to take title to goods when shipment of the goods would have conflicted with the purposes underlying the program. Furthermore, the record does not indicate the amount claimed to have been expended on the lost yarn nor whether any payments made were in dollars or piasters, the currency of the former Government of Vietnam. DECISION Mr. Hai-Tha Truong requests reconsideration of B-215118, Dec. 18, 1984, in which we denied his claim for $53,573.40 on the ground that it was barred by the various statutes of limitation in the laws that could have formed a basis for his claim. The request raises additional facts and issues of law which we will discuss below. For the reasons given, we affirm our denial of his claim, in part on the same grounds and in part on other grounds.

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