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Cargo Preference Act : ウィキペディア英語版 | Cargo Preference Act The Cargo Preference Act or Cargo Preference refers generally to legal requirements for the carriage of government-impelled cargoes on the vessels flagged within the registry of that government for the purpose of promoting a national merchant marine. Cargo Preference is commonplace among the world's seafaring nations, including Australia, Brazil, France, Japan, Taiwan.〔Subcomm. On Coast Guard and Maritime Transportation Staff, Memo to Members of the Subcomm. On Coast Guard and Maritime Transp., U.S. House of Representatives, Re Hearing on the "Status of U.S.-flagged Vessels in U.S.-Foreign Trade" at 4-5 (July 19, 2010).〕 == Cargo Preference in the United States == United States law includes two main pieces of Cargo Preference legislation: The Cargo Preference Act of 1954 〔46 U.S.C. § 55305〕 (the "1954 Act") pertaining to the carriage of civilian cargoes and the Military Cargo Preference Act of 1904 (the "1904 Act"),〔10 U.S.C. § 2631〕 which governs military cargoes. Cargo preference is administered by the United States Maritime Administration ("MARAD"). Originally, MARAD provided advice to shipper agencies, without being able to compel compliance. Finding the arrangement unsatisfactory, Congress passed the Merchant Marine Act of 1970, Pub. L. No. 91-469, which authorized MARAD to issue regulations governing cargo preference shipments by the other agencies. Section 27 of the 1970 Act added explicit cargo preference authority, which was amended in 2008 to provide MARAD with the authority to (a) "direct agencies to require the transportation in United States-flagged vessels of cargo shipments not otherwise subject to (Preference ) in equivalent amounts to cargo determined to have been shipped on foreign carriers in violation of (Preference )" and (b) "impose on any person that violates (Cargo Preference Act or a MARAD implementing regulation ), a civil penalty of not more than $25,000 for each violation willfully and knowingly committed, with each day of a continuing violation following the date of shipment to be a separate violation." 〔46 U.S.C. § 55305〕 Although cargo preference contains exceptions where U.S.-flag vessels are unavailable, as discussed ''infra'', shipper agencies may determine non-availability only with MARAD concurrence.〔America Cargo Transport Corp. v. United States, No. CO5-393JLR (W.D. Wash, Nov. 5, 2007); Farrell Lines Inc. v. Dep't of Agriculture, Civ. No. 1:98CV02046 (D.D.C. Sept. 17, 1998).〕
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