RULE: 20 - OVERCHARGE CLAIMS Eff: 03JUN2003

Effective 03JUN2003
Filed 03JUN2003
Filing Codes I

A. All claims for adjustment of freight charges must be
   presented to the Carrier in writing, within three (3)
   years after the date of shipment. Any expenses incurred
   by the Carrier in connection with its investigation of
   the claim shall be borne by the party responsible for the
   error, or, if no error be found, by the Claimant.

B. For the purpose of uniformity in handling claims for
   adjustment of freight charges base on alleged errors in
   cargo description, tariff application, cargo weight
   and/or measurement, refunds will only be considered as
   follows:

   1. Claims must contain the following original or
      certified documents:

      (a) Bill of Lading
      (b) Packing List
      (c) Commercial Invoice
      (d) Custom Entry Permit/Import Declaration, as
          applicable
      (e) Customs Export Declaration as applicable

   2. If claim is presented to the carrier in writing,
      cargo may be inspected at port of loading or at
      destination:

      (a) By carrier's agent
      (b) Jointly by shipper or consignee and carrier's
          agent, or
      (c) By a marine surveyor when requested by
          carrier's agent.

C. Claims for freight rate adjustments will be acknowledged
   by the Carrier within 20 days of receipt by written
   notice to the Claimant of all governing Tariff
   provisions and Claimants rights under the Shipping Act
   of 1984.

D. 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, pursuant to
   Section 11 (g) of the Shipping Act of 1984. Such claims
   must be filed within three years of the date the cause of
   action accrues.

E. Complaints seeking reparation pursuant to Section 11(G)
   of the Shipping Act of 1984, shall be filed within
   three (3) years after the cause of action is accrued.

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