Servicios-Expoarma, C.A., and Orimpex-Zona Ind. Del Este v. Industrial Maritime Carriers, Inc.

JERRY E. SMITH, Circuit Judge:

In this maritime case, we are called upon to decide two issues under the Carriage of Goods by Sea Act (“COGSA”), 46 U.S.C. app. §§ 1300-1315 (1994). We must first determine when “delivery” occurs under 46 U.S.C. app. § 1303(6), commencing the one-year period during which a shipper may bring an action for cargo damage against a carrier. We must also decide which party — the carrier or the shipper — bears the burden of proving the extent of damage to each package for purposes of COGSA’s $500 per-package limitation of liability, 46 U.S.C. app. § 1304(5). The…