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by written declaration of the shipper or by written agreement
between the carrier and the shipper if that value would be
reasonable under the circumstances surrounding the
transportation. See 49 U.S.C. sec. 11707(a)(1) (1994); see also
Fabulous Fur Corp. v. United Parcel Serv., 664 F. Supp. 694, 696
(E.D.N.Y. 1987); Art Masters Associates, Ltd. v. United Parcel
Serv., 567 N.E.2d 226, 227-228 (N.Y. 1990). A motor common
carrier must publish and file with the ICC tariffs containing the
rates for transportation it may provide. See 49 U.S.C. sec.
10762(a)(1) (1994); Fabulous Fur Corp. v. United Parcel Serv.,
supra at 696.
Petitioner offered its interstate shippers "released rates"
authorized by a series of ICC Released Rate Orders (RRO).32
Petitioner filed tariffs and tariff supplements during the years
in issue which determined released value rates authorized by the
ICC by Released Rates Decision MC-978. Under the "Damaged and
Unclaimed Property" provision 535 of the tariffs, if the package
was damaged by petitioner, petitioner was liable to the shipper
to pay the full actual or declared value of the property,
whichever was lower. Under the "Method of Determining Rates"
provision of the tariffs, if a shipper did not declare value in
excess of $100, petitioner collected its base rate and its
32Similar orders were issued by each State relating to
intrastate orders.
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