Full Volume 19 - Federal Maritime Commission

FEDERAL MARITIME COMMISSION
SPECIAL DoCKET No 470
AIRLEX INDUSTRIES
RELIABLE CARGO SHIPPING NC
v
LYKES BROS SS CO INC
Authority to refund a portion of freight charges
REPORT
October 14 1975
denied
By THE COMMISSION Helen Delich Bentley Chairman Clarence
Morse Vice Chairman Ashton C Barrett James V Day Commis
sioners
Lykes Bros Steamship Co Inc Lykes applied for permission to
refund aportion of the freight charJes collected on a shipment described
in the bill of lading as Industrial Cooling Towers carried by Lykes from
Baltimore to Haifa Israel under bill of lading dated December 2 1974
Lykes collected 17 703 33 in freight charJes and is seeking permission
to refund 4 764 70 thereof Lykes asserts there was an error in the
description of the shipment Lykes maintains that had it known the true
nature of the cargo it would have fded a rate lower than the rate it tiled
for this particular shipment
The Presiding Officer issued aninitia1 decision denying the application
on the ground that Lykes error was not an error in atariff ofa clerical or
administrative nature or an error due to an inadvertent failure to tile an
intended rate as contemplated in PL 90298 which amended section
18bX3 of the Shipping Act 1916 the Act
Complainant excepted to the denial of the application
We concur in the Presiding Officer s denial of Lykes application
However our reason for denying the application is simply stated that
Lykes failed to comply with a specific statutory prerequisite Under
section 18b 3 ofthe Act the Commission may in certain circumstances
In view of our disposition of this case weneed not discuss Comphunant s ltJument on exceptions
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