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Full Volume 19 - Federal Maritime Commission

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DOWCHEMICAL INC v APL 533<br />

All of the Respondents herein are common carriers by water engaged<br />

in transportation from U S Pacific Coast ports to ports in one or more of<br />

the following places Japan Hong Kong Manila the People s Republic of<br />

China Taiwan South Korea Vietnam and Thailand At all times<br />

between August 13 <strong>19</strong>73 and April 1 <strong>19</strong>74 each Respondent was a<br />

member of the Pacific Westbound Conference and party to the Local<br />

Freight TariffNo 3 FMG 8 published by that Conference<br />

In the period from August 13 <strong>19</strong>73 to April 1 <strong>19</strong>74 Complainant made<br />

147 separate shipments on the vessels of Respondents from the Pacific<br />

Coast of the United States to destinations in the Far East including<br />

Japan Hong Kong Manila and Kaohsiung and Keelung in Taiwan<br />

Those 147 shipments were divided among Respondents as follows<br />

American President Lines Ltd nnn<br />

Number of<br />

Respondents Shipments<br />

n nnnn nn n 90<br />

Barber Lines AJS 1<br />

Pacific Far East Line Inc nnn<br />

Sea Land Service Inc n<br />

United States Lines Inc n<br />

nn nnnn nnn n 4<br />

n n nnn n 41<br />

nn nnnnnn n nn 2<br />

Zim Israel Navigation Company Ltd nnnnnn n n n 4<br />

Kawasaki Kisen Kaisha Ltd nn<br />

Showa Shipping Company Ltd n<br />

States Steamship Company n<br />

nnnnnnnnn 1<br />

n nnnn nnnnnnn n 2<br />

nnn nn n n n nn 2<br />

Each of those shipments consisted solely of containers packed by<br />

Complainant The tariff applicable to each of those shipments was the<br />

Pacific Westbound Conference Local Freight TariffNo 3 FMC 8 in<br />

which each Respondent participated and by which each Respondent was<br />

bound All rates rules regulations and charges applicable to each of<br />

those shipments were contained in that tariff<br />

In addition to the nine carriers respondent in this proceeding several<br />

other carriers are members of the Pacific Westbound Conference and<br />

participate in the Pacific Westbound Conference Local Freight TariffNo<br />

3FMC 8<br />

Complainant shipped the shipments identified above from several ports<br />

on the Pacific Coast of the United States Those ports were San<br />

Francisco Oakland Los Angeles San Pedro and Long Beach Each<br />

Respondent loaded Complainants cargo at one or more of those ports<br />

during the period from August 13 <strong>19</strong>73 to April 1 <strong>19</strong>74<br />

Respondents and the several other members of the Pacific Westbound<br />

Conference conduct their common carrier operations in the several ports<br />

on the Pacific Coast of the United States Each of those ports identified<br />

above were designated by the carriers in conference as terminal ports In<br />

each terminal port each carrier if it served that port had one terminal<br />

dock That terminal dock encompassed the pier or wharf backup spaces<br />

administrative offices parking lots and other facilities used in the conduct<br />

of the ocean common carriage business The terminal dock was usually<br />

<strong>19</strong> F M C

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