Full Volume 19 - Federal Maritime Commission

168
FEDERAL MARITIME COMMISSION
assessed on a weight ton basis 3 minus a prepalletized cargo
discount of
250 per weight ton amounting to 56 10 resulting in total freight charges
assessed of 2 759 59
Complainant bases his computations on Item 495 of the above tariff
which contains a specific rate of 76 25 per ton of 2 000 pounds on
Resins Synthetic in bags Polyethylene actual value over 500 but not
over 700 per 2 000 pounds 26th Revised Page 62 In order to develop
the actual value of the shipment of 46 090 pounds the pallet weight of 22
pallets weighing 55 pounds each totalling 1 120 pounds was subtracted
therefrom resulting in a weight of 44 880 pounds The shipment consisted
of 44 880
2 000
22 44 tons of 2 000 pounds The value per ton of 710 78 per
2 000 pounds is greater than 700 so the claim as submitted is incorrect
Claimant apparently as the carrier alleges used the gross weight of
46 090 pounds This resulted in the use of the weight of the pallets in
computing cargo valuation ie
4
2345 tons of 2 000 pounds
The invoice value divided by the above results in a valuation
per ton of 692 12 which decreases the actual value of the cargo The
weight of the pallets should not be included in the weight of the cargo to
arrive at actual value
The claim for reparation is denied
The carrier responded in this proceeding on December 11 1975 that the
correct value on the basis of the cargo as freighted should be 710 78 per
ton of 2 000 pounds Iconcur with respect to this higher value per ton
Item 2 L of the suQject tariff provides
Wherever different rates or ratinas accordinll to the value of a commodity are
provided herein it shall be understood that the value specified in writing by the shipper
is the actual value per ton of 40 cubic feet or 2 000 pounds as cargo is freighted The
lower basis is available only where the actual value of such commodity does not exceed
the limitation indicated
The carrier further countercharges that the following description and
rate under Item 495 26th Revised Page 62 should apply Synthetic
Resins N O S in other packing actual value over 500 00 but not over
700 00 per freight ton 94 75 per ton of 40 cubic feet or 2 000 pounds
whichever is the greater The carrier would compute the charges under
the above description as follows
3
The exception to the weitht ton basis is the charae of three cents per packaae asscssed on all shipments to
Venezuelaper tariff Item9 entided ADDITIONAL CHARGES
19 F M C