Full Volume 19 - Federal Maritime Commission

CITIES SERVICE INTL INC v LYKES BROS 131
Agreement with the Atlantic Gulf West Coast of South America
Conference applicable here That section states that the merchant
signatory warrants and represents that the list of related companies is
true and complete and that he will promptly notify the Carriers in
writing of any future changes in the list Neither the shipper nor the
Conference being permitted to alter the contract without Commission
permission see section 17 ofthe contract both are bound by its terms as
part of the Conference Tariff Consequently the contract rate may not be
offered to or collected by a Conference member from a shipper not
subject to the contract Further Peru Cities Service Inc not being party
to the Industrial Contract rates under it are not applicable and omission
of the proprietary use certification on the bill of lading is immaterial
As to the remaining bills of lading the only fault is the lack of the
proprietary use certification The Conference Tariff at 7th Revised Page
218 effective April I 1974 provides that All Bills of Lading shall be
claused with proprietary use certification emphasis added To permit a
subsequent refund based upon the shipper s failure to include that clause
would be to permit the carrier to deviate from its tariff
Reparations as claimed and as authorized by the Administrative Law
Judge are therefore incorrect
19 F M C