(a)(1) For the purposes of chapter 535 of title 46, any ocean thermal energy conversion facility or plantship licensed pursuant to this chapter, and any vessel providing shipping service to or from such an ocean thermal energy conversion facility or plantship, shall be deemed to be a vessel operated in the foreign commerce of the United States.
(2) The provisions of paragraph (1) of this subsection shall apply for taxable years beginning after December 31, 1981.
(b) For the purposes of the Merchant Marine Act, 1936 (46 U.S.C. 1177 et seq.),1 any vessel documented under the laws of the United States and used in providing shipping service to or from any ocean thermal energy conversion facility or plantship licensed pursuant to the provisions of this chapter shall be deemed to be used in, and used in an essential service in, the foreign commerce or foreign trade of the United States, as defined in section 109 of title 46.
(Pub. L. 96–320, title II, §201, Aug. 3, 1980, 94 Stat. 991.)
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