Full Volume 19 - Federal Maritime Commission

Reparation Awarded
FEDERAL MARITIME COMMISSION
IFORMAL DoCKET No 355 1
SCM CORPORATION
v
SEATRAIN INTERNATIONAL S A
SEATRAIN U K LTD
Adopted December 3 1976
DECISION OF WALDO R PUTNAM SETTLEMENT OFFICERl
By complaint tiled with the Commission under date of May
28 1976
SCM Corporation complainant alleges that Seatrain International S A
and Seatrain U K Ltd carrier assessed incorrect emergency bunker
surcharges resulting in a collective overcharge of 328 84 on three
shipments transported during June and July 1974 The claims originally
were denied solely on the basis of the carriers so called six month rulet
which limits the filing of overcharge claims to a period of within six
months from the date of shipment
The carrier s response to the served complaint merely consisted of a
copy ofa notice to the complainant advising that the claim had been
reviewed and payment would be forthcoming 3 The notice also contained
arequest to the Settlement Officer to discontinue this docket based upon
payment of the claim 4
Unfortunately discontinuance ofthis proceeding without first determin
ing the merits of the claims is not possible without also finding the carrier
in violation of its governing tariff and as a consequence the Commis
sion s statutes Accordingly in order to prevent the carrier from being
I
Both partios havina CORsonted to the informal procedure of Rule 19 of the Commiuloo s Rules of Practice and
Procedure 46 CPR 02 301 304 this decision will be from thedate of service thereof
final un1e the Commission elects to review it within 15 days
I North AtlanticWestbound Fre1aht Associations Tar1ft No 33 Rule 12
a Soe Footnote I General Order 16 Amendment 12 section 02 304 0 provides in pertinent part that fallure of
the carrier to indicate refusal orconsent in its response will be conclusively deemed to indicate consent
such
By letter dated July 20 1976 claimant edvlsed that theclaim has been paid In full
418 19 F M C