List of presently effective pooling agreements approved pursuant to sec. 15 of the Shipping Act, 1916-Continued Number 7707 7765 Parties and scope Matson Navigation Co. and Isthmian Lines, Inc. Covers a joint cargo service and the apportionment of earn- Covers a sailing arrangement and apportionment of earn- 7796 Grace Line, Inc., and Cia. Sud-Americana de Vapores (Chilean Line)... 7797 7825 7958 7997 8061 8061-A 8067 8087 Covers apportionment of earnings on general cargo trans- Gulf & South American Steamship Co., and Cia. Sud Americana Covers the apportionment of earnings on general cargo Covers the apportionment of earnings on general cargo Alexandria Navigation Co., S.A.E., and Societe Misr de Naviga- Covers apportionment of earnings on cargo and passengers Naviera Garcia, S.A., Cia Naviera Cubamar, S.A., and Lykes Covers the apportionment of earnings on general cargo Members of the Siam/New York Conference.. Covers the apportionment of the carriage of rubber moving American President Lines, Ltd., Isthmian Lines, Inc., and Lykes Provides the basis any undercarried portion allocated to Carriers comprising the Fjell Line joint service (7763), and Oranje Covers the apportionment of earnings on general cargo Covers the apportionment of earnings on general cargo transported in the service of Compania Naviera Independencia (U.S. Pacific ports to Mexico, South and Central America, and Caribbean). 8217 N.V. Nederlandsch-Amerikaansche and Stoomvaart Mattschappij "Holland-Amerika Lijn”.......... 7549 Covers a joint cargo service and apportionment of earnings Provides for alternate sailings for the stated purpose of Mr. SINGMAN. Eight, a list of all terminal agreements and freight forwarder agreements approved under section 15. The CHAIRMAN. Accepted. (The list referred to is as follows:) List of all agreements in effect as of September 15, 1958, involving (1) water carriers and one or more other persons subject to the Shipping Act, 1916, and (2) between two or more other persons subject to said aot other than water carriers as requested by appendix A-7 and identified by agreement numbers as listed below Mr. SINGMAN. Nine, a list of all agreements approved pursuant to section 15 not included in the previous lists, except for interconference agreements to be included later. The CHAIRMAN. Accepted. (The list referred to is as follows:) SEPTEMBER 15, 1958. List of all agreements approved pursuant to section 15 of the Shipping Act, 1916, and in effect as of September 15, 1958, not included in lists or furnished in compliance requests (1) to (7) of Appendix A, identified by agreement Mr. SINGMAN. Ten, a list of proceedings pending before the Federal Maritime Board on May 19, 1958, in which the contract rates of conferences were challenged. The CHAIRMAN. Accepted. (The list referred to is as follows:) List of proceedings pending before the Federal Maritime Board on May 19, 1958, in which the contract rates of conferences were challenged, showing docket number, parties to proceedings, and status as of Oct. 1, 1958 Docket Title Status 726 Isbrandtsen Co., Inc. v. States Marine Corporation of Pending exceptions due Nov. 1, 1958. Delaware et al. Replies to exceptions due Dec. 1, 1958. 755 783 795 805 Texas Cotton Industries v. Lykes Bros. Steamship Co., In the Matter of Petition of Isbrandtsen Company, Inc., Do. Pending recommendation of General In the matter of Petition of Isbrandtsen Company, Inc., Pending action by General Counsel. Sec. 19 investigation, Pacific coast European trade.......... Parsons & Whittemore, Inc. v. Rederiaktiebolaget 809 Parsons & Whittemore, Inc. v. Compagnie Generale Parsons & Whittemore, Inc. v. The Blue Star Line, Ltd. Pending filing of petition to dismiss. Filing of answer stayed until further order of the Board. Do. Do. 810 Mr. SINGMAN. Eleven, a list of conferences whose dual rate contract/ noncontract systems have been considered by the Federal Maritime Board or its predecessors in formal docket proceedings. The CHAIRMAN. Accepted. (The list referred to is as follows:) SEPTEMBER 15, 1958. LIST OF CONFERENCES WHOSE DUAL CONTRACT/NONCONTRACT RATE SYSTEMS HAVE BEEN CONSIDERED BY THE FEDERAL MARITIME BOARD OR ITS PREDECESSORS, IN FORMAL DOCKET PROCEEDINGS (NOTE. *Indicates those conferences who were using the dual contract/noncontract rate system as of May 19, 1958.) Name and agreement number of conference *River Plate and Brazil Conference (59) In docket No. 515 (2 U.S.M.C. 72) decided July 11, 1939, the Maritime Commission found conference's failure to admit Sprague Steamship Agency, Inc., to membership and to participation in agreement to be unjust discrimination and unfair as between Sprague and conference members and to subject Sprague to undue and unreasonable prejudice and disadvantage, and thus subjecting the agreement to disapproval or modification under section 15 of the Shipping Act, 1916. Promptly following this decision, Sprague was admitted to conference membership. *Java New York Rate Agreement (90) In docket No. 80 (1 U.S.S.B. 285) decided July 6, 1933, the Shipping Board found that the assessment by the conference of freight rates under contract/noncontract rate system not shown to be in violation of sections 14, 16, and 17 of the Shipping Act, 1916, as alleged. West Coast Central America, Mexico-North Pacific Northbound Conference (3591), *Pacific/West Coast of South America Conference (4630), and *Capca Freight Conference (6170) In docket No. 503 (2 U.S.M.C. 138) decided July 27, 1939, the Maritime Commission found that conferences' refusal to admit Brodin Line to membership while maintaining contracts with shippers not shown to be unjustly discriminatory, unfair, detrimental to commerce of the United States, unduly prejudicial, or otherwise unlawful. *Pacific Coast European Conference (5200) In docket No. 648 (3 U.S.M.C. 11) decided January 12, 1948, the Maritime Commission found the retroactive penalty provisions of the conference's contracts with shippers to be unlawful and the balance of the contract rate system to be lawful. In docket Nos. 764, 773 (5 F.M.B. 74) decided June 8, 1958, the Federal Maritime Board found that this conference's interpretation that its shippers' rate agreement included all goods of contract signatories sold for shipment in the conference trade, whether sold f.o.b., f.a.s., c.i.f., or c. & f. basis, to be a new agreement between carriers, effectuated in violation of section 15 of the Shipping Act, 1916. *Camexco Freight Conference (6670) In docket No. 595 (2 U.S.M.C. 529) decided March 25, 1941, the Maritime Commission found that conference's refusal to admit Sigfried Olsen Shipping Co. to membership and to participation in exclusive patronage contracts entered into pursuant to conference agreement to be unfair and unjustly discriminatory as between Sigfried Olsen Shipping Co. and conference members, and to subject Sigfried Olsen Shipping Co. to undue prejudice and disadvantage, and thus subjecting the agreement to disapproval or modification under section 15 of the Shipping Act, 1916. Promptly following this decision Sigfried Olsen Shipping Co. was admitted to conference membership. North Atlantic/United Kingdom Freight Conference (16), *North Atlantic/Continental Freight Conference (4490), North Atlantic/Baltic Freight Conference (147) In docket No. 513 (2 U.S.M.C. 220) decided November 30, 1939, the Maritime Commission found the contracts of these conferences which forbid shippers to use a loading range not served by the conference lines to be unjustly discriminatory, unfair, and detrimental to the commerce of the United States. South African Lines Conference (83) In docket No. 72 (1 U.S.S.B. 242) decided December 14, 1932, the Shipping Board found that this conference's differential in contract rates on case oil in favor of shipments from New York and against shipments from Philadelphia not shown to be discriminatory or prejudicial in violation of sections 14, 16, and 17 of the Shipping Act, 1916, as alleged. Gulf Intercoastal Conference (2742) In docket No. 126 (1 U.S.S.B.B. 400) decided July 3, 1935, the Shipping Board Bureau found that the practice of this conference to exact higher rates and charges from shippers who have not executed rate contracts than from shippers who have done so, for intercoastal transportation, to be unlawful in violation of section 16 and 18 of the Shipping Act, 1916. In docket No. 294 (1 U.S.S.B.B. 524) decided January 21, 1936, the Shipping Board Bureau found the proposed contract rate system of this conference for intercoastal transportation of certain commodities to be unduly and unreasonably preferential and prejudicial in violation of section 16 of the Shipping Act, 1916. Adriatic, Black Sea, and Lavant Conference (No. 133) In docket No. 423 (1 U.S.M.C. 634) decided March 29, 1937, the Maritime Commission found (1) that the allegation that the conference had established and was maintaining a system of exclusive patronage contracts under agreements or understandings not filed or approved pursuant to section 15 of the Shipping Act, 1916, not sustained; (2) that conference agreement and contracts with shippers entered into pursuant thereto not shown to result in undue or unreasonable preference or advantage to shippers who patronize conference lines exclusively or to operate to the detriment of the commerce of the United States; and (3) that the conference's failure to admit Phelps Bros. & Co., Inc., to membership and to participation in contracts with shippers entered into pursuant to the conference agreement to be unjust discrimination and unfair as between Phelps and conference members and subjects Phelps to undue and unreasonable prejudice and disadvantage and thus subjecting the agreement to disapproval under section 15 of the Shipping Act, 1916. Promptly following this decision, Phelps was admitted to conference membership. *North Atlantic Continental Freight Conference (4490) and Continental North Atlantic Westbound Freight Conference (7000) In docket No. 684 (3 F.M.B. 235) decided December 1, 1950, the Federal Maritime Board found the use of the dual rate system by these two conferences is not unjustly discriminatory or unfair as between carriers, shippers, exporters, importers, or posts, or between exporters from the United States and their foreign competitors; does not operate to the detriment of the commerce of the United States; and is not in violation of the Shipping Act, 1916, provided that the form of contract of the North Atlantic Continental Freight Conference is modified to eliminate the provision permitting termination of the contract and the collection of damages by the conference at the conference's option. *North Atlantic Continental Freight Conference (4490) In docket No. 724 (4 FMB 355) decided January 6, 1954, the Federal Maritime Board found that a differential of 10 percent between contract and noncontract rates proposed by this conference not to be arbitrary or unreasonable or unjustly discriminatory and not to be in violation of the Shipping Act, 1916. Japan-Atlantic and Gulf Freight Conference (3103) In docket No. 730 (4 FMB 706) decided December 12, 1955, the Federal Maritime Board found the proposed exclusive patronage contract/noncontract rate system of this conference not to be unjustly discriminatory or unfair as between carriers, shippers, exporters, importers, or ports, or between exporters from the United States and their foreign competitors, or to operate to the detriment of the commerce of the United States, or to be in violation of the Shipping Act, 1916. Approval granted under section 15 of said act, contingent upon modification of the contract form to reflect the views of the Board. |