B-140901, JUN. 23, 1960
Highlights
TO FERT AND COMPANY: REFERENCE IS MADE TO YOUR LETTER OF MARCH 11. THE CLAIM WAS ALLOWED IN THE AMOUNT OF $108.57. IN SUPPORT OF YOUR POSITION THAT THE APPLICABLE RATE ON THIS SHIPMENT WAS $44 PER CUBIC METER YOU SUBMIT. THE FREIGHT CHARGES ON THIS SHIPMENT WOULD HAVE BEEN THE SAME HAD AN AMERICAN FLAG VESSEL BEEN USED. SINCE THE UNITED STATES LINES COMPANY IS NAMED AS A CARRIER PARTICIPATING IN THE RATES PUBLISHED IN THAT TARIFF. THE RECORD ALSO NOW SHOWS THAT THE CUBIC MEASUREMENT OF THE SHIPMENT WAS 2.32 (RATHER THAN 2.82) CUBIC METERS AND CHARGES WERE BILLED BY THE OCEAN CARRIER'S AGENT ON THAT BASIS AT $44 PER CUBIC METER. IT APPEARS ON THE PRESENT RECORD THAT THERE WAS DUE IN CONNECTION WITH THE SHIPMENT ONLY $102.08 (2.32 CUBIC METERS AT $44 PER CUBIC METER) OR ITS EQUIVALENT IN SWISS FRANCS.
B-140901, JUN. 23, 1960
TO FERT AND COMPANY:
REFERENCE IS MADE TO YOUR LETTER OF MARCH 11, 1960, FILE EG 55 776, WITH ENCLOSURES, REQUESTING REVIEW OF OUR SETTLEMENT DATED JANUARY 18, 1960, OF YOUR CLAIM IN CONNECTION WITH THE TRANSPORTATION OF PERSONAL EFFECTS WEIGHING 443 KILOS FROM ROTTERDAM, HOLLAND, TO NEW YORK, NEW YORK, UNDER COMMERCIAL OCEAN BILL OF LADING DATED JUNE 24, 1955.
YOU ORIGINALLY CLAIMED CHARGES OF $124.08, OR 533.60 SWISS FRANCS COMPUTED ON A VOLUME MEASUREMENT OF 2.82 CUBIC METERS AT $44 PER CUBIC METER FOR THE TRANSPORTATION OF FIVE CASES, ONE TRUNK AND ONE CRATE OF PERSONAL EFFECTS WEIGHING 443 KILOS, PROPERTY OF MARY C. FITZSIMMONS, ABOARD THE S.S.'WESTERDAM" (HOLLAND-AMERICA LINE) FROM ROTTERDAM, HOLLAND, TO NEW YORK. THE CLAIM WAS ALLOWED IN THE AMOUNT OF $108.57, OR 470.11 SWISS FRANCS, BY THE SETTLEMENT DATED JANUARY 18, 1960, COMPUTED ON THE BASIS OF A VOLUME MEASUREMENT OF 2.82 CUBIC METERS AT THE RATE OF $38.50 PER CUBIC METER AS PROVIDED BY CONTINENTAL NORTH ATLANTIC WESTBOUND FREIGHT TARIFF NO. B, 1ST REVISED PAGE 41, EFFECTIVE JUNE 14, 1954, CORRECTION NO. 9.
IN REQUESTING REVIEW OF THE MATTER YOU CLAIM 63.49 SWISS FRANCS ($15.51) ADDITIONAL CHARGES BASED ON THE APPLICATION OF THE RATE OF $44 PER CUBIC METER AS PROVIDED BY SWISS NORTH AMERICAN WESTBOUND FREIGHT TARIFF NO. 3. IN SUPPORT OF YOUR POSITION THAT THE APPLICABLE RATE ON THIS SHIPMENT WAS $44 PER CUBIC METER YOU SUBMIT, AMONG OTHER THINGS, A PHOTOSTATIC COPY OF AN INVOICE DATED JULY 6, 1955, OF THE HOLLAND-AMERICA LINE'S SHIPPING AGENT BILLING YOU $102.08 FOR THIS SHIPMENT COMPUTED ON THE BASIS OF 2.32 CUBIC METERS AT THE RATE OF $44 PER CUBIC METER.
SWISS NORTH AMERICAN WESTBOUND FREIGHT TARIFF NO. 3 PROVIDES FOR SHIPMENT OF PERSONAL EFFECTS ORIGINATING IN BASLE, SWITZERLAND, AND MOVING UNDER A THROUGH BILL OF LADING, TO ROTTERDAM AND THENCE TO NEW YORK VIA HOLLAND- AMERICA LINE AT THE RATE OF $44 PER CUBIC METER. THE FREIGHT CHARGES ON THIS SHIPMENT WOULD HAVE BEEN THE SAME HAD AN AMERICAN FLAG VESSEL BEEN USED, SINCE THE UNITED STATES LINES COMPANY IS NAMED AS A CARRIER PARTICIPATING IN THE RATES PUBLISHED IN THAT TARIFF. IN THE CIRCUMSTANCES, THE RECORD NOW ESTABLISHES THAT THE RATE OF $44 PER CUBIC METER WOULD BE APPLICABLE TO THIS SHIPMENT. HOWEVER, THE RECORD ALSO NOW SHOWS THAT THE CUBIC MEASUREMENT OF THE SHIPMENT WAS 2.32 (RATHER THAN 2.82) CUBIC METERS AND CHARGES WERE BILLED BY THE OCEAN CARRIER'S AGENT ON THAT BASIS AT $44 PER CUBIC METER. ACCORDINGLY, IT APPEARS ON THE PRESENT RECORD THAT THERE WAS DUE IN CONNECTION WITH THE SHIPMENT ONLY $102.08 (2.32 CUBIC METERS AT $44 PER CUBIC METER) OR ITS EQUIVALENT IN SWISS FRANCS. THUS IT APPEARS YOU HAVE ALREADY BEEN PAID $6.49 IN EXCESS OF THE APPLICABLE CHARGES ($108.57 LESS $102.08) AND WHILE WE WILL NOT INSIST ON ANY REFUND OF SUCH SUM, IN VIEW OF THE SMALL AMOUNT INVOLVED AND THE DIFFICULTIES INCIDENT TO CONVERSION OF FOREIGN CURRENCIES, I FEEL SURE YOU WILL AGREE THAT WE WOULD NOT BE WARRANTED IN ALLOWANCE TO YOU OF THE ADDITIONAL AMOUNT NOW CLAIMED.