Full Volume 19 - Federal Maritime Commission

Reparation denied
FEDERAL MARITIME COMMISSION
INFORMAL DoCKET No 3391
UNION CARBIDE INTER AMERICA INC
19 F M C 167
v
VENEZUELAN LINE
DECISION OF JUAN E PINE SEITLEMENT OFFICER 1
Union Carbide Inter America Inc complainant claims 79101 as
reparation from Venezuelan Line for an alleged freight overcharge on a
shipment carried from New York New York to Puerto Cabello
Venezuela via the MARACAIBO on Bill of Lading No 61 dated
September 25 1974 While the complainant does not specifically allege a
violation of the Shipping Act 1916 it is presumed to be Section 18bX3
The carrier denied the claim solely on the basis ofRule 11 United
States Atlantic Gulf Venezuela and Netherlands Antilles Conference
Freight Tariff F M C No 2 which time bars claims for adjustments not
received by the carrier within six months from the sailing date ofthe
vessel 2
The shipment consisted of 22 pallets totalling 880 bags of Synthetic
Resin Polyethylene weighing 46 090 pounds 44 880 pounds net measur
ing 1 360 cubic feet and having an invoice value of 15 950 Venezuelan
Line assessed abill for total freight charges of 2 759 59 which Union
Carbide paid These charges were computed from the above conference
tariff The carrier assessed a Class lW rate from 5th Revised Page 122 A
covering Synthetic Resins N O S in bulk in bags actual value over
650 but not over 1 000 per 2 000 pounds This rate was
44 880
116 50 per ton
of 2 000 pounds assessed on
2 000
22 44 short tons which produced
ocean freight revenue of 2 614 26 plus accessorial charges of 20143
1 Both parties having consented to the informal procedure of Rule 19a ofthe Commission s Rules of Practice and
Procedure 46 CPR S02 301 304 this decision will be final unless the Commission elects to review it within 15 days
from the date ofservice thereof
I The Commission has ruled thata claim filed within two years from the date the cause of action arose must be
considered on its merits Colgate Palmolive Company v United Fruit Company Informal Docket No 115 1 served
September 30 1970 The billof lading here is dated September 25 1974and the claim was filed November 17 1975