RULE: 20 - OVERCHARGE CLAIMS Eff: 05MAR1999

Effective 05MAR1999
Filed 03FEB1999
Filing Codes I

1.Shippers or consignees may file claims in writing with the
  carrier for the refund of freight overcharges resulting
  from errors in weight, measurement, cargo description or
  tariff application, provided such claims are submitted
  within three years of the date the cause of action
  accrued.

2.For the purposes of this rule, the date the cause of
  action accrued will be the actual date the cargo was
  overcharged, but no earlier than the date the full Bill of
  Lading quantity of cargo was received under the provisions
  of Rule 3 herein and no later than the date cargo left
  carrier's custody at destination.

3.In cases of errors based on weight, carrier considers only
  a certified weigher's certificate to be evidence of proper
  weight.

4.In cases of errors based on measurement, carrier considers
  only measure by a certified inspector or carrier's
  designated marine surveyor as evidence of proper measure.

5.In cases of errors based on piece count, carrier considers
  only count by a certified inspector or carrier's
  designated marine surveyor as evidence of proper count.

6.In cases of errors based on cargo description on Bill of
  Lading, carrier considers only the "Correction Copy" of
  shipper's export declaration as evidence of proper
  description.

7.Inspection fees and associated expenses must be borne by
  the party responsible for the error necessitating the
  inspection.

  Submit claims for refund of overcharges to:

   NA DOCCLAIM
   NYK Line (N. America) Inc.
   300 Lighting Way - 5th floor
   Secaucus, NJ  07094-1588

   Claims for freight rate adjustments filed in writing will
   be acknowledged by the common carrier within twenty (20)
   days of receipt by written notice to the claimant of the
   tariff provisions actually applied and the claimant's
   rights under the 1984 Act. Claims seeking the refund of
   freight overcharges may be filed in the form of complaint
   with the Federal Maritime Commission Washington, D.C.
   20573 pursuant to Section 11(g) of the Shipping Act of
   1984 (46 U.S.C. app. 1710) provided that such claims are
   filed within three (3) years of the date the cause of
   action accrued.

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Effective Tariff Management Corporation (ETM)
4000 Mitchellville Road, Suite 326-B
Bowie, MD 20716
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