Full Volume 19 - Federal Maritime Commission

STANISLAUS IMPORTS INC v SEA LAND
759
complainant referred to tariff Rule II entitled F O B Value for Rates
Based on F AS Valuation s
The claims filed with the Commission are accompanied by commercial
invoices stating the invoice value of identifiable groups of cartons as well
as certificates and lists of measurement and weight for each group of
cartons The carrier in aletter written after the claim was filed with the
Commission stated that
Upon investigation we find the commercial invoices included with the claims do
separately state the invoice values for the separate commodities involved The separate
rates based on valuations per Rule 11 of Tariff No 35 FMC 6 issued by the Trans
Pacific Freight Conference of JapanKorea could have been applied
Claim No ST l covers the movement of 189 cartons ofwooden beads
and shell beads measuring 457 cubic feet and weighing 9 706 pounds
which moved from Kobe Japan to San Francisco California on the SEA
90524568 dated March 26
LAND EXCHANGE on bill of lading No
1975 No valuation was shown on the bill oflading so the carrier assessed
the conference tariff rate under Item No 626015 on 3rd Revised Page
324 which covers Imitation Pearl Beads Beaded Goods Non precious
Beads and Personal Ornaments Value exceeding 1 400 per revenue ton
FOB of 94 00
Claim No ST 1 is submitted in the following format
Total FOB value of Shipment 17 994 70
Item 626010 Beads Invoice value 9 212 56 cube 282 6or 1 302 00 per revenue ton
F O B
Item 626015 Beads Invoice value 8 782 14 cube 174 8 or 2 007 00 per revenue ton
F O B
Charged per bill of nn lading n nn
Should be Item 626010 283 cu 7 075 x nnn 80 00
n 626015 175 cu 4 375 x 94 00
Delivery 5 00 1145 nnnn
Bunker S C 3 00 1145 nnn
CAF 25 1 001
nnn nnnnnnnnn nn
53 mnn
n nnn
n nnnn n n
nnn nnnn n nnnn Overcharge 98
n n n n n
nnn n nn
m mnnn
1 193 07
566 00
41125
57 25
34 35
25 86
1 094 71
This claim as submitted by complainant with the supporting documenta
tion of the bill of lading certificate and list of measurement and weight
36
3 Wherethe tariffrate on any commodity is determined on the F O B value this value is to be based on the total
value F A S loading port on such commodity as indicated in eacb certified shipper s invoice i e including aU
expenses up todelivery at sbip s tackle loading point
f
In its calculations complainant divided 17S cubic feet by 40 cubic feet arriving at a fIgureof 4 275 measurement
tons The correct figure is 4 375 measurement tons which complainant used in multiplying by the 94 00 rateto get
the product of 41125 shown above However in computing the delivery and bunker surcharge complainant used
the flgUfC of 11 425 measurement tons The sum should be 7 CJ15 plus 4 375 or 11 45 measurement tons Multiplying
the 5 00 delivery charge and the 3 00 bunker surcharge by 11 425 measurement tons complainant gotproducts of
57 13 and 34 28 Using 11 45 measurement tons the are products 57 25 and 34 35 The claim is 19 cents higher
than it should be 55 claimed minus 19 cents is 98 36 theamount of theclaim as amended above
19 F M C