Full Volume 19 - Federal Maritime Commission

FEDERAL MARITIME COMMISSION
SPECIAL DOCKET No 472
COMMODITY CREDIT CORPORATION
19 F M C 65
v
SURINAM NAVIGATION COMPANY LTD
NOTICE OF ADOPTION OF INITIAL DECISION AND ORDER
PERMITTING WAIVER OF CHARGES
December 9 1975
Notice is hereby given that the Commission on December 9 1975
determined to adopt the initial decision in this proceeding subject to the
following clarifications
Whereas the initial decision broadly states that there was an error due
to inadvertence in failing to file the new rates therefore waiver of
collection of a portion of the freight may be allowed it is silent on
whether all other statutory requirements prerequisite to the grant
waiver had been met
of a
Section 18 b 3 of the Shipping Act 1916 the Act empowers the
Commission in certain circumstances in its discretion and for good cause
to permit a carrier by water in foreign commerce to refund aportion or
waive collection ofaportion of freight charges provided
That the common carrier has prior to applying for authority to make a refund
filed a new tariff with the Commission which sets forth the rate on which such
refund or waiver would be based Providedfurther That the carrier agree that if
permission is granted by the Commission an appropriate notice will be published in
the tariff or such other steps taken as the Commission may require which gives
notice of the rate on which said refund or waiver would be based and additional refunds
or waivers as appropriate shall be made with respect to other shipments And
provided further That application for refund or waiver must be filed with the
Commission within one hundred eighty days from the date of shipment
These provisions are not ofadiscretionary procedural nature In order
for the Commission to be vested with the authority to grant refunds or
waivers it must fIrst ascertain that all the requirements set forth in section
18 b 3 ofthe Act have been complied with
The record here shows that the on board bill of lading covering the
shipment of soybean salad oil is dated January 8 1975 that the on board