Full Volume 19 - Federal Maritime Commission

610
FEDERAL MARITIME COMMISSION
applied is 48 per cubic meter weight only plus the same bunker charge
of 2 70
The Applicant had first ftled for waiver of collection based at the 48
rate mentioned above but through some misunderstanding in the contents
of the filing and the complexities of several overlapping tariff page
revisions temporaries and corrections was told that it appeared
that a 51 per cubic meter rate weight only would have to be the basis
of its claim for waiver of collection Accordingly the Applicant reftled
with the Commission a new application based upon the 51 rate After
this 51 rate basis tiling and assignment of the case to an Administrative
Law Judge it became clear from a careful review of the pertinent tariff
pages on ftle with the Commission that only the 48 weight only rate
could be used as the basis for any waiver of collection in view of the
sequence of the tariff filings revisions and taking into consideration the
different time notice requirements for increases and decreases in rates
Thereupon the Applicant Yangming amended the computation in its
application to reflect its original 48 per cubic meter rate basis request
Aggregate freight charges payable pursuant to the rate applicable at
the times of shipment amounted to 4 942 93 Aggregate freight charges
at the rate sought to be applied amounted to 4 456 38 The difference
collection of which is sought to be waived is 486 55 total for two
shipments The Applicant is not aware of any shipments of other than
the complainant of the same or similar commodity which moved via
Applicant respondent during the same time period in which the tariff
rates above recited original and requested governed
Yangming offers the following as grounds for granting the application
4 This Special Docket Application is being submitted to waive collection of a portion
of freight charges amounting to 486 55 on the referenced shipments
On July 15 1976 Messrs Yang Ming Marine Line ftIed rates for lumber rough sawn
in bundles
at 48 per cubic meter or 99 00 per 1000 kgs This rate was ftIed under
Yang Ming Marine Transport Corporation tariff
annexture
FMC 6 and appeared at page 101 see
The rate of 99 per 1000 kgs was ftIed in error September 17
but was subsequently deleted on
1976 See annexture On September 24 the rate was acljusted to its
present amount see annexture
As a result of this error Yang Ming Marine Transport Corporation received a
complaint from United States Mahogany Corporation which has imported two shipments
of lumber from Taiwan to New York on July 31 and September 9 1976 The freight was
charged at the rate of 99 00 per 1000 kgs plus bunker surcharge of 2 70 per ton which
resulted in a 90 rate hike see letter from U S Mahogany annexed hereto
In order to remedy the effects of this error we are filing this Special Docket
Application on behalf of Yang Mini Marine Transport Corporation to request the
Commission s permission to revise the freight charges of the aforementioned shipments
to 48 per cubic meter plus 2 70 bunker surcharge
Section 18b 3 ofthe Shipping Act 1916 46 USC 817 as amended by
Public Law 90298 and Rule 6b Special DocketApplications Rules of
Per amendment letter dated February 9 1977
Per amendment letter dated February 9 1977