Full Volume 19 - Federal Maritime Commission

816
FEDERAL MARITIME COMMISSION
The Senate Report 4 states the Purpose of the Bill
Voluntary refunds to shippers and waiver of the collection If a portion of freight
charges are authorized where it appears that there is an error in a tariff of a clerical
nature or where through inadvertence there has been a failure to me a tariff reflecting
an intended rate
The inadvertent failure of Lykes to extend the rate when it clearly
intended to do so presents the kind of situation section 18 b 3 was
intended to remedy and requested waiver should be granted
It is therefore found
1 There was an inadvertent failure to include the intended rate in the
published general rate increase
2 The waiver requested will not result in discrimination among
shippers
3 Prior to requesting permission for the refund of a portion of the
freight charges Lykes fded anew tariff setting forth the rate upon which
the waiver would be based and
4 The application was roed within ISO days ofthe date of shipment
Accordingly Lykes will be permitted to refund 2 690 70 to the
Complainant
WASHINGTON D C
April 25 1977
8 JOHN E COORAVE
Administrative Law Judge
Senato Report No 1078 April s 1968 To accompany H R 9473 on Shipping Act 1916 Authorized Refund of
Certain Freight Chargef under Purpose of theBill
19 F M C