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Full Volume 19 - Federal Maritime Commission

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FEDERAL MARITIME COMMISSION<br />

SPECIAL DoCKET No 471<br />

PHILLlPSI ETROLEUM<br />

v<br />

Co<br />

PACIFIC WESTBOUND CONFERENCE<br />

Adopted May 27 <strong>19</strong>76<br />

Application for permission to refund a portion of the freight charges granted<br />

INITIAL DECISION OF JOHN E COGRAVE ADMINISTRATIVE<br />

LAW JUDGE 1<br />

The Pacific Westbound Conference PWC has applied for permission<br />

to refund to Phillips Petroleum Company a portion of the freight charges<br />

on a shipment of fifty cylinders of Liquified Petroleum Gas weighing<br />

18 800 pounds and measuring 550 cubic feet Under bill of lading dated<br />

March 2 <strong>19</strong>75 the M S Queensville of Barber Blue Sea Lines carried<br />

the shipment from Los Angeles to Hong Kong<br />

The rate applicllble at the time of shipment was 239 00 WM 2 000<br />

pounds or 40 cubic feet based on Item 340 0000 03 Pacific Westbound<br />

Overland Tariff No 6F M C 13 The rate sought to be applied is 87 75<br />

W M based on Item 341 104 36 Pacific Coast Westbound Local Tariff<br />

No 4F M C 12 The aggregate freight charges collected were 3 286 25<br />

The aggregate freight charges sought to be applied are 1 206 56 The<br />

requested refund is 2 079 69 In support of the aPplied for permission to<br />

refund the monies applicant states<br />

Under the Pacific Westbound Conference Local Tariff 3 FMC s up to anuary IS<br />

<strong>19</strong>75 there was a commodity item 2575 in the tariff readitig PETROLEUM GAs<br />

LIQUID BUTANE FUEL PRESSURING LIQUID PROPANE at the rate of 87 75<br />

per 2000 or 40 Cft whichever produces the greater revenue W M Under Rule 24<br />

covering Dangerous or Hazardous Cargo there was provision to except frQmthe<br />

Dangerous and Hazardous Cargo rate per Item 695 cases in which specific commodity<br />

rates were provided in individual commodity items or by authorized interpretation in the<br />

tariff index Although the commodity in question Liquified Petroleum Gas must be<br />

stowed on deck only per Code of <strong>Federal</strong> Regulations Title 46 this commodity was<br />

excepted from the Dangerous and Hazardous Cargo rate Item 695 inasmuch as there<br />

I<br />

This decision became the decision ofthe <strong>Commission</strong> May 27 <strong>19</strong>76<br />

144<br />

<strong>19</strong> F M C

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