Scope Imports, Inc. v. Interstate Commerce Commission, and United States of America

ALVIN B. RUBIN, Circuit Judge:

A tariff for ocean and rail movement of containers provides that demur-rage 1 begins five days after the “consignee is advised” that the containers are “available for customs inspection.” The consignee of a number of containers shipped to Houston, Texas, contends that the Interstate Commerce Commission (ICC or Commission) erred in finding that it received adequate notice. The consignee also claims that, because customs inspectors in Houston will inspect containers only when they are delivered to the customs area, the ICC erred in finding that the containers were…