RULE: 20 - OVERCHARGE CLAIMS Eff: 01JUN2015

Effective 01JUN2015
Filed 29MAY2015
Filing Codes I

1.  All claims for adjustment of freight charges must be
presented to the Carrier in writing within three years 
of the date of the Bill of Lading issued by ocean 
carrier. 
 
2.  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:
 
  a) Claim 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
 
  b) If claim is presented to the Carrier in writing,
     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.
 
3. Claims for adjustment of freight other than those 
based on errors in weight, piece count, measure or 
description must be accompanied by the documentary 
evidence set forth in 18(2), subparagraph (a) above, and 
such other evidence as may be essential in support of the
claim in question.
 
4. Claims for freight rate adjustments filed in writing 
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 claimant's right 
under the Shipping Act of 1984, as modified by The Ocean
Shipping Reform Act of 1998.
 
5. 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.
 
6. 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, as modified
by The Ocean Shipping Reform Act of 1998.  Such claims
must be filed within three years of the date the cause  
of action accrues.

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