Full Volume 19 - Federal Maritime Commission

Reparation Denied
FEDERAL MARITIME COMMISSION
INFORMAL DocKET No 350 1
UNITED DECORATIVE FLOWER CO INC
19 F M C 341
v
MAERSK LINE
October 14 1976
DECISION OF WALDO R PUTNAM SETILEMENT OFFICER
By complaint f1Ied April 5 1976 United Decorative Flower Co Inc
complainant alleges that Maersk Line carrier erred in computing the
cubic measurement of a shipment of plastic flowers and foliages from
Bangkok Thailand to Baltimore Maryland resulting in an overcharge of
210 63 While a violation of Shipping Act 1916 is not alleged it is
presumed to be section 18b 3 which prohibits the assessment offreight
charges in excess of those lawfully applicable at the time of the shipment
In support of its claim the complainant furnished a copy of the packing
list indicating a total measurement of 798 cubic feet 2 a copy of the
carrier s bill of lading indicating a total measurement of 898 cubic feet
and acopy ofaletter from the carrier denying the claim on the basis that
it did not have an opportunity to remeasure the cargo while it still was in
the carrier s possession
In response to the complaint the carrier supplied a copy of the Mate s
Receipt showing that the involved cartons were measured upon receipt of
the cargo at the Bangkok dock prior to shipment 3 The bill of lading was
prepared using the cubic measurement inserted on the Mate s Receipt
arrived at through actual measurement ofthe cargo
Here we have a situation where the
proper measurement of the cargo
was in dispute from the date that the cargo was received by the carrier
According to the facts presented the shipper andor the consignee had
1 Both parties bavin consented to the informal procedure of Rule 19 46 CFR 502 301 304 as amended this
decision will be final unless the Commission elects to review it within 15 days from the dateof service thereof
45 cartons measurina 321 t x 15 t x 28 and 58 cartons measurina 321 t x 151 2 X 25112
s 45 cartons mcuurin
l
x 16 x 29 and 58 cartons measurina 331 2 x 16 x 27