Full Volume 19 - Federal Maritime Commission

INDEX DIGEST
service they must file a tariff listing their through rate and their respective rate
divisions or portions Austasia Container Express 512 519
Inasmuch as respondent is a common carrier by water in foreign commerce within the
meaning of section I of the 1916 Shipping Act it must file a tariffwhich fully complies
with Part 536 of the Commission s Rules Id 521
Complainant shipper in a reparation proceeding alleging that it should not have been
assessed handling charges on certain containers pursuant to conference tariff which had
admitted that such charge was proper pursuant to the tariff on containers tendered to
carriersat their container yards was not estoppedfrom asserting that tender at container
yards within the carrier s terminal dock area was tender at the docks within the meaning
of the tariff Dow Chemical International Inc v American President Lines Ltd 531
538
Proceeding to determine the legality under sections 16 17 and 18 b of the 1916
Shipping Act as amended consolidation allowance provisions contained in tariffs is
discontinued The amended rules had been replaced under court order by the original
rules to the satisfaction of all affected interests The order of investigation referred only
to the amended rules and did not cover a broad study of consolidation rules in general
The Commission takes no position at this time as to merits of issues alleged by Hearing
Counsel to have survived the cancellation of the amended rules Consolidation
Allowance Rules 735 736738
Tariffs of 35 nonvessel operating common carriers are cancelled in view of the fact
that they do not actively solicit or provide common carrier services It is misleading to
the public potentially unfair to competing carriers and an administrative burden on the
staff for paper tariffs to be kept on me for possible use if it should suit the narrow
purposes of the persons issuing them to quickly enter the trade but otherwise describing
a nonexistent service Such a situation contravenes the implicit requirements of sections
18 b 1 through 3 of the Shipping Act which necessitate the prompt submission of
accurate information concerning the services offered by a common carrier including the
suspension of all or any part of the operations described by its published tariff
Publication of Inactive Tariffs by Independent Carriers in the Foreign Commerce of the
United States 774 775
A transshipment tariff was cancelled on the date notice of cancellation was received
by the Commission not on the prior date when the Commission received notice of the
cancellation of the underlying transshipment agreement The Commission s rules do not
provide for the automatic cancellation of transshipment tariffs on receipt of notice that
an underlying transshipment agreement has been cancelled As long as thetariffdid not
include an amendment or provision which purported to cancel it the tariffcontained the
only legal rates the carrier could have charged for the transshipment service covered by
that tariff even though the actual provision of such service would have violated section
15 of the Shipping Act States Steamship Co Far EastUSA Household Goods Tariff
No 2 FMC 9 793 796797
A tariff has one ml ior purpose to prevent rebates and other types of unjust
discrimination by publicly stating the rates to be charged all eligible shippers Tariff
fdings are neither adjudicatory matters norfinally determinative of individual rights or
privileges Once accepted by the Commission a tariff must be adhered to by the
publishing carrier and shipper alike To retroactively declare a duly accepted tariff void
for noncompliance with the Commission rule which requires that a permanent tariff
modification here cancellation of a tariff be filed within 15 days of receipt of a
temporary amendment would contravene the regulatory scheme established by most
federal common carrier statutes including the Shipping Act Id 797
19 F M C
867