RULE: 20 - Overcharge claims Eff: 26Mar1996

Effective 26Mar1996
Filed 20Feb1996
Filing Codes I

A. All claims for adjustment of freight and/or charges must
   be presented to the carrier in writing within the
   following items limits:

   Complaints seeking freight refund pursuant to Section 11
   of the Shipping Act, 1984, must be presented within three
   (3) years of the date of the Bill of Lading issued by
   ocean carrier.

B. For the purpose of uniformity in handling claims for
   adjustment of freight charges based on alleged errors in
   cargo description, piece count when cargo is rated on a
   per package basis, weight and/or measurement, refunds
   will only be considered as follows:

  (1) Claims must be presented to the carrier in writing
      and must contain the following original or certified
      documents :

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

  (2) If claim is presented to the carrier in writing
      before the shipment involved leaves the custody of the
      carrier, cargo may be inspected at port of loading or
      at destination by official measurers named by
      carrier.

      All requests for inspection at destination must be
      made in writing to the carrier. Any expense incurred
      by the carrier in connection with the investigation
      of the claim shall be borne by the party responsible
      for the error, or if no error found, by the claimant.

C. Claims for adjustment of freight other than those based
   on errors in weight, piece count, measure of description
   must be accompanied by the documentary evidence set forth
   in 20, subparagraph B(1) above, and such other evidence
   as may be essential in support of the claim in question.
D. Claims for adjustments in freight and/or charges filed
   in writing shall be acknowledged by the carrier within
   20 days of receipt by written notice to the claimant of
   the tariff provisions actually applied and claimant's
   rights under the Shipping Act of 1984.

E. Refunds approved under the above procedures will only be
   paid to the party paying the original freight bill and
   always provided the full amount of the original freight
   bill has been paid to the ocean carrier.

F. Claims seeking the refund of freight and/or charges may
   be filed in the form of a complaint with the Federal
   Maritime Commission, Washington, D.C 20573 as follows:

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

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