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Full Volume 19 - Federal Maritime Commission

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<strong>19</strong> F M C<br />

FEDERAL MARITIME COMMISSION<br />

DOCKET No 7651<br />

WEST COAST OF ITALY SICILIAN AND ADRIATIC PORTslNoRTH<br />

ATLANTIC RANGE CONFERENCE AMENDED TARIFF RULE ESTABLISHING<br />

AN ALLOWANCE ON PREPAID FREIGHT<br />

Allowance of a 3 percent discount for prepaid shipments found not violative of sections<br />

16 and 17 Shipping Act <strong>19</strong>16<br />

Stanley O Sher and John R Attansio for Respondent West Coast of<br />

Italy Sicilian and Adriatic<br />

Ports North Atlantic Range Conference<br />

John Robert Ewers and Deana Rose as Hearing Counsel<br />

REPORT AND ORDER<br />

April 22 <strong>19</strong>77<br />

By THE COMMISSION Karl E Bakke Chairman Clarence Morse Vice<br />

Chairman Ashton C Barrett Bob Casey and James V Day<br />

<strong>Commission</strong>ers<br />

The <strong>Commission</strong> instituted this proceeding by Order served September<br />

20 <strong>19</strong>76 directing the West Coast of Italy Sicilian and Adriatic Ports<br />

North Atlantic Range Conference WINAC and its member lines to show<br />

cause why the <strong>Commission</strong> should not find that its Tariff Rule 15 which<br />

provides for a 3 percent allowance discount on prepaid freight is<br />

violative of sections 16 First and 17 of the Shipping Act <strong>19</strong>16 and<br />

accordingly why such tariff rule should not be ordered stricken from the<br />

Conference tariff Respondent ftled memoranda of law and an affidavit of<br />

fact Hearing Counsel who opposed the 3 percent allowance filed a<br />

memorandum<br />

of law 1<br />

POSITIONS OF THE PARTIES<br />

In its memoranda of law and upon the affidavit of G Ravera the<br />

Conference Secretary WINAC argues that the discount is necessitated<br />

by a 30day time difference in collecting the freight due between prepaid<br />

and collect shipments In this regard it is pointed out that when freight is<br />

I Because we believe that oral argument would serve no useful purpose in this proceeding the parties request for<br />

oral argument is denied<br />

751

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