TITLE 46 - SHIPPING
CHAPTER IV - FEDERAL MARITIME COMMISSION
SUBCHAPTER A - GENERAL AND ADMINISTRATIVE PROVISIONS
PART 502 - RULES OF PRACTICE AND PROCEDURE
subpart q - REFUND OR WAIVER OF FREIGHT CHARGES
Exhibit No. 1 to Subpart Q [502.271(d)] of Part 502 - Application for Refund or Waiver of Freight Charges Due to Tariff or Quoting Error
Federal Maritime Commission Special Docket No. _____ [leave blank].
Amount of Freight Charges to be refunded or waived: Application of (Name of carrier or shipper) for the benefit of (Name of person who paid or is responsible for payment of freight charges).
1. Shipment(s). Here fully describe: (a) Commodity (according to tariff description).
(b) Number of shipments.
(c) Weight or measurement, container size, and number of containers of individual shipment, as well as all shipments.
(d)(1) Date(s) of receipt of shipment(s) by the carrier; (2) Date(s) of sailing(s) (furnish supporting evidence).
(e) Shipper and place of origin.
(f) Consignee, place of destination and routing of shipment(s).
(g) Name of carrier and date shown on bill of lading (furnish legible copies of bill(s) of lading).
(h) Names of participating ocean carrier(s).
(i) Name(s) of vessel(s) involved in carriage.
(j) Amount of freight charges actually collected (furnish legible copies of rated bill(s) of lading or freight bill(s), as appropriate) broken down (i) per shipment, (ii) in the aggregate, (iii) by whom paid, (iv) who is responsible for payment if different, and (v) date(s) of collection.
(k) Rate and tariff commodity description applicable at time of shipment (furnish legible copies of tariff materials).
(l) Rate and commodity description sought to be applied (furnish legible copies of applicable tariff materials).
(m)(1) Amount of applicable freight charges, per shipment and in the aggregate; (2) Amount of freight charges at rate sought to be applied, per shipment and in the aggregate.
(n) Amount of freight charges sought to be (refunded) (waived), per shipment and in the aggregate.
2. Furnish docket numbers of other special docket applications or decided or pending formal proceedings involving the same rate situations.
3. Fully explain the basis for the application, i.e., the error, failure to publish, or misquote, showing why the application should be granted.
Furnish affidavits, if appropriate, and legible copies of all supporting documents. If the error is due to failure to publish a tariff, specify the date when the carrier and/or conference intended or agreed to publish a new tariff. If the application is based on a misquote, the application must include the affidavit of the person who made the misquote describing the circumstances surrounding such misquote along with any other supporting documentary evidence available.
4. Furnish any information or evidence as to whether granting the application may result in discrimination among shippers, ports or carriers. List any shipments of other shippers of the same commodity which (i) moved via the carrier(s) or conference involved in this application during the period of time beginning on the date the intended rate would have become effective and ending on the day before the effective date of the conforming tariff; (ii) moved on the same voyage(s) of the vessel(s) carrying the shipment(s) described in No. 1, above; or (iii), in the case of a misquote, moved between the date of receipt of shipment(s) described in No. 1 above, and the date(s) of sailing(s).
(Here set forth Name of Applicant, Signature of Authorized Person, Typed or Printed Name of Person, Title of Person and Date) State of , County of . ss: I,___ , on oath declare that I am ___ of the above-named applicant, that I have read this application and know its contents, and that they are true. Subscribed and sworn to before me, a notary public in and for the State of ______ , County of ______, this ___ day of ___ .
(Seal) ____________________ Notary Public My Commission expires.
CERTIFICATE OF SERVICE (if applicable) I hereby certify that I have this day served the foregoing document upon the (insert the conference name if a conference tariff is involved; or the name of the carrier if the applicant is a shipper) by delivering a copy (insert means by which copy delivered).
Dated in (insert city, county, state) this ___ day of ___. (signature) For: CERTIFICATE OF MAILING I certify that the date shown below is the date of mailing (or date of delivery to courier) of the original and one (1) copy of this application to the Secretary, Federal Maritime Commission, Washington, DC, 205730001.
Dated at ___, this ___ day of ___ .
(Signature) ________________________________ .