Full Volume 19 - Federal Maritime Commission

AGREEMENT NOT2336 ZS 1
ordered modification of Agreement NoT2390 or with respect to No T
2804 The automobile interests agreed with NYSA and ILA to assessment
on a 14 measurement ton assessment basis ie somewhere between
the original 2A measurement ton basis ofT2390 and the weight basis
ordered by the Commission for the 1971 1974 period and a weight ton
basis for a full tonnage assessment for the 197 1977 period NYSA
agreed to assessment for the 1969 1971 period on the weight ton basis
prescribed by the Commission and ciedited the automobile interests with
051 165 the difference between assessments on the basis approved by
the Commission and that upon which they had actually been made
Newsprint automobiles NYSA and ILA stated in their settlement
agreements that these agreements settled all issues with respect to the
assessment formulas for the three assessment periods as between them
selves The settlement agreements were approved by the Commission
The Puerto Rican carriers agreed with NYSA and the ILA to
assessment on a manhour tonnage basis for the 1971 1974 assessment
period and a full tonnage assessment for the 1977 1974 assessment
period NYSA agreed to give up its right to recover the monies due it
from the Puerto Rican carriers under the Commission second decision
inthis proceedingThis agreement was also approved by the Commission
but with the condition that the settlement with the Puerto Rican
carriers shall in no way affect or diminish the rights of States Marine
Internadonal Inc et al twelve breakbulk carriers operating in foreign
commerce who were seeking assessment adjustments before Judge
Morgan hereinafter the States Marine Group 5 to refunds under Agree
ment NoT2390 and or arising out of Docket No64 57 We explained
in granting the approval with condition that the mannerof assess
ment adjustmenY necessary to satisfy the claims of States et al as well
as the amounts to be paid are the subject of the implementation phase of
our pocket No69 57and will be decided therein
The Initial Decision
In his Initial Decision Judge Morgan found the claim of the States
Marine Group for refunds based upon alleged overassessments during the
1969 1971 period unjustified and completely without merit He further
found that to the extent the States Marine Group seeks recovery against
the three carriers in the Puerto Rican trade whose underpayments are the
basis for the States Marine Group s claims such recovery is barred by
the provision of section 22 Shipping Act 1916 requiring that actions for
reparation be filed within two years
of the accrual of the cause of action
UnderAgreement NoT3007asaessments for the 197Y1977 period were assessed oniy against carriers the
manhour assessment ageinst the direct labor employer embodied in the prior assessment agreements having been
dropped
These carriers aze States Marine Intemational Inc Isthmian Lines Prudential Lines Inc Atlanttr kBarber Lines Blue Sea Line Concordia line Hellenic Lines Hoegh Lines Meyer Line Nedlloyd Linead Nofwegian
AmericaLine
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