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.
