Full Volume 19 - Federal Maritime Commission

FEDERAL MARITIME COMMISSION
INFORMAL DocKET No 375 1
NATIONAL STARCH CHEMICAL CORPORATION
v
SEA LAND SERVICE INC
Dismissal of Complaint and Discontinuance of Proceeding
DECISION OF RONALD J NIEFORTH SETILEMENT OFFICER
By complaint filed November 26 1976 National Starch Chemical
Corporation complainant states that Sea Land Service Inc carrier
declined to honor a claim for freight overcharge of 124 44 on the
grounds that such action would violate item 105 ofthe Leeward
Windward Islands Guianas Conference Tariff F M C No 1 which
prohibits the payment of overcharge claims not presented to the carrier
within six months after date of shipment
The complaint which was served on the carrier November 30 1976
prompted the carrier to respond on January 20 1977 advising that its
investigation disclosed that the claim for refund was in order Subse
quently in letter of March 2 1977 the carrier confnmed that a check in
the amount of 124 44 dated February 2 1977 had been sent to the
complainant in settlement of the claim
An analysis of the complaint and supporting documentation together
with a review of the applicable conference tariff confnms the complain
ants allegation relative to the assessment of an improper rate The freight
refund which has been made by the carrier in connection with this Docket
is therefore found to be proper and indeed mandatory to satisfy statutory
Act 1916
requirements as provided in Section 18b 3 Shipping
The subject complaint is dismissed and this proceeding discontinued
S RONALD J NIEFORTH
Settlement Officer
I
Both parties havlna consented to the formal procedure of Rule 19 of the Commission s Rules ofPractice and
Procedure 46 CPR 502 301 304 tbie decision will be final unlesl tbeCommission elects to review it within 15 days
from dateof service tbercof Noto Notice ofdetermination not to review May 18 1m
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