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States of California, Hawaii, Nebraska, Oklahoma, and Virginia.
Whenever UPS-Ohio or UPS-New York made a change to its tariff, a
tariff supplement was filed with the ICC.
1. Pre-1984
a. Excess Value Charges
Petitioner refers to its customers as shippers. Petitioner
charged its shippers a fee for the shipment of each package based
on the weight of the package, the distance that the package would
travel, the value of the package, and various accessorial
services offered by petitioner. Petitioner's rates were governed
by the tariffs, which it submitted to the ICC and the various
States. The tariffs10 submitted to the ICC provided, among other
things, for rates in cents per package and per pound as follows:
ITEM 1000
* * * * * * *
The rate for delivery of packages, released to value
not exceeding $100 per package, shall be 116.0� per
package plus the following rates per pound or fraction
thereof:
9(...continued)
outside the regulatory-free zones.
10The provisions of the tariffs were similar except that the
tariff provided by UPS-Ohio further included "item 1040", which
does not affect our decision, and we will not reproduce it in the
opinion.
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Last modified: May 25, 2011