Full Volume 19 - Federal Maritime Commission

DOUGLAS MATERIAL CO v SEA LAND 331
a new tariff which sets forth the rate on which such refund or waiver would be based
The application for refund must be tiled with the Commission within one hundred and
eighty days from the date of shipment Finally the carrier must agree that if permission
is granted an appropriate notice will he published in its tariff or such other steps taken
as may be required to give notice of the rate on which such refund or waiver would be
based
The legislative history of the amendment to section 18 of the Shipping
Act Public Law 90298 6
specifies that carriers are authorized to make
voluntary refunds and waive the collection of a portion of their freight
charges for good cause such as bona fide mistake The nature of the
mistake was particularly described
Section 18 b appears to prohibit the Commission from authorizing relief where
through bona fide mistake on the part of the carrier the shipper is charged more than he
understood the rate to be For example a carrier after advising a shipperthat he intends
to file a reduced rate and thereafter fails to file the reduced rate with the Federal
Maritime Commission must charge the shipper under the aforementioned circumstances
the higher rates
The Senate Report 7 states the Purpose of the Bill
Voluntary refunds to shippers and waiver Qr the collection of a portion of freight
charges are authorized where it appears that there is an error in a tariff of a clerical
nature or where through inadvertence there has been a failure to file a tariff reflecting
an intended rate
It is therefore found that
1 There was an error due to an inadvertence in failing to fIle a new
tariff
2 Such waiver of collection of aportion of the freight charges will not
result in discrimination among shippers
3 Prior to applying for authority to waive collection of a portion of the
freight charges Sea Land fded a new tariff which set forth the rate on
which such waiver would be based
4 The application was filed within one hundred and eighty days from
the date of shipment
Accordingly permission is granted to Sea Land Service Inc to waive
collection ofaportion of the freight charges represented by 74 67
WASHINGTON D C
September 14 1976
S JOHN E COGRAVE
Administrative Law Judge
8 House Report No 920 November 14 1967 fo accompany H R 9473 on Shipping Act 19 6 Authorized Refund
of Certain Freight Charges Statement of Purpose and Need for the Bill to Amend Provisions of the Shipping Act
1916 10 AUlhorize the FederalMaritime Commission to PermitaCarrier to Refund aPOr ion of the Freight Charges
7 Senate Report No 1078 AprilS 1968rro accompany H R 9473 on Shipping AQCT t Authorized Refund of
Certain Freight Charges underPurpose ofthe Bill
19 F M C