Full Volume 19 - Federal Maritime Commission

Dismissal of Complaint
FEDERAL MARITIME COMMISSION
INFORMAL DoCKET No 368 1
CATERPILLAR OVERSEAS S A
19 F M C 645
v
SOUTH AFRICAN MARINE CORPORATION LTD
DECISION OF RONALD J NIEFORTH SETTLEMENT OFFICER 1
By complaint filed October 15 1976 Caterpillar Overseas S A
complainant alleges that South AfricaMarine Corporation Ltd carrier
applied an incorrect rate on three shipments of Engines and Parts Viz
Automobile Gasoline or Diesel and Parts N O S resulting in an
overcharge of 1 633 66 It seeks refund of this amount pursuant to the
informal procedure contained in Subpart S 46 CFR 502 of Commission s
informal procedure for adjudication of small claims subject to discretion
ary Commission review
While a violation of the Shipping Act 1916 is not specifically alleged
in support of complainant s petition it appears
from the nature of the
complaint that the claim for refund relates to the requirements of Section
18b 3 which prohibits the assessment of rates and charges other than
those specified in the carrier s tariff on fIle with the Commission and duly
published and in effect at the time It further
appears
that informal
settlement of the complaint is considered by the carrier to be time barred
by tariff Rule 16 entitled OVERCHARGES which Rule places a
limitation period of six months for the filing of claims described in the
Rule The merits of the complaint are therefore considered based upon
these premises
As noted in the complaint the shipments here involved were previously
the subject of a formal complaint Docket No 7639 which was
dismissed on jurisdictional grounds by Administrative Law Judge Glanzer
by Initial Decision served September 30 1976 after the fIling of ajoint
Stipulation of Facts and Motion for Authorization to Settle Dismissal of
1
Both parties having consented to the informal procedure of Rule 19 of the Commission s Rules of Practice and
Procedure 46 CPR 502 301 304 this decision will be final unless the Commission elects to review it within 15 days
from the dateof service thereof Notice of determination not to review March 21 1977