Full Volume 19 - Federal Maritime Commission

FEDERAL MARITIME COMMISSION
DOCKET No 7616
MSA INTERNATIONAL
v
CHILEAN LINE
Reparation awarded
William Levenstein for the Complainant
Roger Quinones for the Respondent
REPORT
January 13 1977
By THE COMMISSION Karl E Bakke Chairman Clarence Morse Vice
Chairman Ashton C Barrett Bob Casey and James V Day
Commissioners
This proceeding is before the Commission on exceptions filed by
Complainant MSA International to the Initial Decision of Administrative
Law Judge Charles E Morgan denying reparation for alleged freight
overcharges by the Respondent Chilean Line on three shipments of
mine safety hats carried by Respondent from New York to Antofogasta
under bill of lading dated November 1 1974 and from New York to
Valparaiso under bills of lading dated Jaunary 13 and January 23 1975
respectively
The three shipments described in the shipping documents as safety
hats Topgard hats and V Gard caps respectively were assessed
the Class 1 rate of 153 75 per metric ton applicable to Hats N D S
Aggregate freight charges amounted to 4 869 64
Complainant contends that the safety hats were protective head
coverings for miners and should have been classified as Helmets
N D S for which Respondent s tariff provided aclass 7 rate of 130 00
per metric ton 1 and that by collecting charges in excess ofthose provided
in the appliCable tariffRespondent violated section 18b 3 ofthe Shipping
Act 1916 the Act
I
Ninth Rev paae 166 of the Atlantic and GulflWest Coast of South America Conference Frciaht TariffFMC No 1
478 19 F M C