FMC REFUSES RELIEF TO CARRIER FOR UNINTENDED TARIFF ERROR

FMC REFUSES RELIEF TO CARRIER FOR UNINTENDED TARIFF ERROR    The Federal Maritime Commission has ruled that it lacks authority to grant relief to a carrier for unintentional'errors in tariffs.
   Venezuelan American Maritime Association (VAMA), a conference of carriers, “had'published a tariff that inadvertently indicated that a particular rate was inclusive of all surcharges, when the tariff should have provided that the rate was subject to all additional surcharges,” said Dennis Bryant, an attorney with Holland & Knight in Washington, D.C.
      A shipper, Abitibi Consolidated Sales Corp., made shipments under the published rate, using the services of Crowley American Transport, a carrier.
   Upon discovering the'error, VAMA amended its tariff and asked the FMC for its approval to make its new tariff retroactive to the prior shipments.
'''Rachel Dickon-Matney, an FMC special docket officer, ruled that errors and ambiguities in tariffs are resolved against'the carrier who is responsible for them.
      She also'ruled that the Shipping Act of 1984 offers carriers no relief “when a lawfully filed and applicable rate is unintentionally more advantageous to the shipper than the carrier intended,” Bryant said.
   The complete decision can be found at https://www.fmc/Dockets/3237%20Denial.htm