Full Volume 19 - Federal Maritime Commission

542 FEDERAL MARITIME COMMISSION
16 Under date of May 15 1973 Pacific Westbound Conference amended Rule No
19 c 6 of said tariff 5th Revised page 31 to read in significant part as follows
The Handling Charge Will Not Apply On cargo tendered at Container Yard CY
Container Yard CY to be deleted 8 13 73 Container Freight Station CFS or
carrier s dock and moving under the provisions of Rule No 70B
The amendment was the underscored language sic not to be effective until 813173
Complainant received the notice of this change in compliance with the General
Commodity Contract Rate Agreement
17 After Dow raised a question by telex to PWC dated October 10 1973 as to
Dow s interpretation of this provision PWC filed a revised Rule No 19 c 6 of said
tariff 6th Revised Page 53 Effective October 17 1973 to read in significant part as
follows
The handling charge will not apply On cargo tendered at carrier s Container
Freight Station C FS or 1I0ckfor packing into containers by carrier under the
provisions of Rule No 70 B Emphasis added
Sixth Revised Page 31 was rejected by the FMC Bureau of Compliance on the
contention that it was notjust a clarification but resulted in an increase Accordingly
PWC re published Rule No 19 c 6 7th Revised Page 31 Effective November 12 1973
in the same form as the Rule appeared at 5th Revised Page 31 filed May 15 1973
18 As of April I 1974 handling charges as had previously been in the tariff were
eliminated The Amended Complaint is not concerned with provisions of the tariff in
effect April I 1974 and thereafter
19 Rule 703 of said tariff Original Page 48 Effective March 5 1969 and in effect at
all times pertinent to the Amended Complaint defines the term container yard CY as
follows
3 Container Yard CY The term container yard CY means the location
designated by carrier in the port terminal area where I the carrier assembles holds
or stores containers and where containers packed with goods are received or
delivered Emphasis added
20 By Rule No 5 in effect at all times pertinent to the Amended Complaint each
carrier declares an assigned terminal dock in each port served 6th Revised Page 27
Effective May 13 1973
21 By Rule No I in effect at all times pertinent to the Amended Complaint each
carrier may have in each terminal port one location in the port terminal area designated
as their CY where containers packed with goods may be received The one CY may be
either off dock or on dock 4th Revised Page 23 Effective January 10 1972 Emphasis
added
22 During all times pertinent to the Amended Complaint the CY of each of the
respondents named in the Amended Complaint in each of the ports referred to was
located within their respective terminal docks
Each shipment referred to in the Amended Complaint was transported to the
respective ocean carrier s terminal dock by a motor common carrier selected by the
shipper Said common carrier with possession of the inland bill of lading on arrival at
the entrance to the ocean carrier s terminal dock was issued a gate pass and then
directed by a security guard to the container yard gate At the container yard gate the
common carrier presented a document or documents including the inland bill of lading
identifying the container being delivered a receipt including in most cases the inland
bill of lading was issued to the said motor common carrier executed on behalf of the
ocean carrier and the motor common carrier was directed to a location in the container
yard for removal of the container
Summarizing the foregoing the ports served are identified The
assigned terminal dock within each port is identifiei in writing to the
Conference Chairman In addition each carrier 1 must declare in writing
to the Conference Chairman when it elects to have an off dock C FS
19 F M C