Full Volume 19 - Federal Maritime Commission

Respondent
Zim Ismel Navigation Co Ltd
Kawasaki Kisen Kaisha Ltd n
n Showa Shipping Company Ltd
nn States Steamship Company
DOW CHEMICAL INC v APL 535
n n n nn nnn nnnnnn
nnnnnnnnnn
n nn n nnnnnnnn
Handling
Charges
428 40
357 00
145 93
249 44
Total 20 438 43
Each Respondent asserts the Pacific Westbound Conference Local
Freight TariffNo 3FMC 8 as the basis for the assessment and collection
of those handling charges
That tariff contained many rules pertaining to the carriage of cargo by
Respondents and the other members of the Conference Among those
rules were two of particular applicability to the matter at issue in this
proceeding i e Rules Nos 70B and 19
Rule 70B related to cargo carried in containers to Far East ports
including Japan Hong Kong Manila and Kaohsiung and Keelung in
Taiwan As originally stated in the tariff on March 15 1969 that Rule
provided that Shipper packed containers tendered to carrier at his CY
or dock are not subject to the handling charge or container service
charge Rule No 70BI a On May 9 1973 that Rule was changed by
the addition of the words provided in Rule No 19 As so changed the
Rule provided that Shipper packed containers tendered to carrier at his
CY or dock are not subject to the handling charge or container service
charge provided in Rule No 19 On August 13 1973 the Rule was again
changed so as to delete the words not and or container service
charge and to add the word as As so changed the Rule provided
that Shipper packed containers tendered to carrier at his CY or dock
are subject to the handling charge as provided in Rule No 19 The Rule
was not further changed until April I 1974 The word dock as used in
that Rule meant terminal dock The abbreviation CY as used in that
Rule meant the location designated by carrier in the port terminal area
where I the carrier assembles holds or stores containers and 2 where
containers packed with goods are received or delivered Rule No 70 3
Rule No 19 related to handling charges at United States loading ports
That Rule provided generally that for a fee the carrier would handle
cargo from places alongside the ship and places on the terminal to the end
of the ship s tackle Rule No 19 a and b The Rule also exempted
several categories of cargo from the handling charge including cargo
handled directly by the ship s tackle and cargo moving directly to the
ship s hold by gravity or mechanical conveyor Rule No 19 c 1 through
5 The Rule also contained an exemption for certain containerized cargo
Rule No 19 c 6 From January 1 1973 at least that last exempting
provision was as follows
The Handling Charge will not apply
6On cargo tendered at Container Yard CY Container Freight Station CFS or
carrier s dock and moving under the provisions of Rule No 70 B See Rule 70 B
paragraph lb for container service charge
19 F M C