RULE: 20 - OVERCHARGE CLAIMS Eff: 24JAN2022
| Effective | 24JAN2022 |
|---|---|
| Filed | 24JAN2022 |
| Filing Codes | IC |
A. Bill of Lading Commodity Description:
Description of commodities on all Bills of Lading (which shall be
verified by a comparison with the description of the corresponding
customs declaration) shall determine the NRA to be applied. The Bill of
Lading description shall be subject to correction in the event of
misdeclaration of commodity.
B. Overcharges:
For purpose of uniformity in handling claims for excess measurements,
refunds will only be made as follows:
1. Where an error has been made by the dock in calculation of
measurements.
2. Against re-measurement at port of loading prior to vessel's departure.
3. Against re-measurement by vessel's agent at destination.
4. By joint re-measurement of vessel's agent and consignee.
5. By re-measurement of a marine surveyor when requested by vessel's
agent.
6. Re-measurement fees and cable expenses in all cases to be paid by party
at fault.
In cases of claims by shipper or consignee of overcharge in weight
certified invoice or weight certificate to be considered evidence of proper
weight. Written claims for adjustment will be acknowledged by the carrier
within twenty (20) days of receipt by written notice to the claimant of the
tariff provisions actually applied and the claimant's rights under the
Shipping Act of 1984. Claims seeking the refund of freight overcharges may
be filed in the form of a complaint with the Federal Maritime Commission,
Washington, D.C, 20573, within three years of the date of cause of action
occurs.
