Full Volume 19 - Federal Maritime Commission

ALFRED KUBIES WESTERN v ROYAL NETHERLANDS 635
Mechanical Household which take a class 18 rate of 5100 per measure
ment ton The surcharges would be identical using either description
Complainant alleges that instead of being charged 84 50 for 12 measure
ments tons or 1 014 00 as it was it should have been charged 5100 for
12 measurement tons or 612 00 The overcharge claim is for 402 00
In support ofits claim the complainant has submitted the following
1 A copy of the subject bill oflading describing the commodities as 12
Crates El Commercial Freezers
2 Complainant s commercial invoice number 10336 dated May 21
1975 identifying the freezers as Models H 16
3 A Shipper s Export Declaration Correction Form dated July 10 1975
fded by complainant with the Customs Director at the Port of New York
changing the commodity description Com Food Freezers to El
Household Freezers The comment thereon is Inadvertent error in
description
4 A copy of complainant s original letter dated June 20 1975 to the
Consulate General of Haiti in New York New York requesting a
correction of the consular invoice amending the commodity description to
read Domestic Evercold Freezers for Operation on 115 60 A stamp
and signature to the effect that the letter was seen and noted by the New
York Consulate General of Haiti appears on the letter Complainant
advises that ordinarily no further action would be taken by the Consulate
General
5 Complainant s order No K 6504R of May 9 1975 placed with
the manufacturer W C Wood Co Ltd Guelph Canada for 12 Model
H16 Evercold Freezers
6 The manufacturer s price list effective on or after January 1 1975
which indicates that Model H 16 as well as all other freezers on the list
are household freezers
7 A catalog ofW C Wood Co Ltd the manufacturer in which it is
indicated There are six basic sizes of Chest freezers built with the
of the freezers
Wood s care to fit your family s needs The photographs
and the descriptions thereof clearly indicate that they including
Model H
16 are household freezers The measurements of Model H 16 are 461
inches long 291 inches wide and 36 inches high The cubic feet
capacity is 16
Therefore on the basis of the above information it is found that an
adequate substantiation of the complainant s claim that the shipment
consisted of household freezers has been established Complainant is
awarded reparation of 402 00
19 F M C
S JUAN E PINE
Settlement Officer