Full Volume 19 - Federal Maritime Commission

20
FEDERAL MARITIME COMMISSION
nature or an error due to inadvertence in failing to tile a new tariff that
the exemption in Public Law90298 contemplates
Where the mistake is other than that stipulated by Public Law 90298
then the remedy lies in a formal complaint seeking reparation under
section 22 of the Shipping Act perhaps using the shortened procedure
contemplated by Subpart K of the Commission s Rules of Practice and
Procedure 46 CPR 502 181 Oaims for reparation based on misclassiti
cation may be proved by evidence of what was actually shipped even
though the actual shipment may be other than that described on the bill of
lading 6
Accordingly the application of Lykes Bros Steamship Co Inc for
authority to refund a portion of the freight charges on a shipment of
Industrial Cooling Towers must be denied without prejudice to the tiling
of a formal complaint seeking return of the overcharge by way of an
award of reparation subject to the caveat in footnote three
WASHINOTON D C
June 3 1975
S JOHN E COORAVE
Administrative Law Judge
6 Docket No 742 Merck Sharp Dohme v Flota Mereonte GrancolomblanaF M C 14 SRR
1626 197S citina Informal Docket No 2831 Western Publishing Company Incorporated v Hapa Lloyd A G
F M C SRIL 1972
19 F M C