Page:United States Statutes at Large Volume 109 Part 1.djvu/892

 109 STAT. 876 PUBLIC LAW 104-88 —DEC. 29, 1995 resenting such carrier or freight forwarder initially demands the payment of additional freight charges after December 3, 1993, and notifies the person from whom additional freight charges are sought of the provisions of subsections (a) through (f) at the time of the making of such initial demand, the election must be made not later than the later of— "(A) the 60th day following the filing of an answer to a suit for the collection of such additional legally applicable freight rate or charges, or "(B) March 5, 1994. "(3) PENDING SUITS FOR COLLECTION MADE BEFORE DECEM- BER 4, 1993. —I f the carrier or freight forwarder or party representing such carrier or freight forwarder has filed, before December 4, 1993, a suit for the collection of additional freight charges and notifies the person from whom additional freight charges are sought of the provisions of subsections (a) through (f), the election must be made not later than the 90th day following the date on which such notification is received. " (4) DEMANDS FOR PAYMENT MADE BEFORE DECEMBER 4, 1993.—I f the carrier or freight forwarder or party representing such carrier or freight forwarder has demanded the payment of additional freight charges, and has not filed a suit for the collection of such additional freight charges, before December 4, 1993, and notifies the person from whom additional freight charges are sought of the provisions of subsections (a) through (f), the election must be made not later than the later of— "(A) the 60th day following the filing of an answer to a suit for the collection of such additional legally applicable freight rate or charges, or "(B) March 5, 1994. "(h) CLAIMS INVOLVING SMALL-BUSINESS CONCERNS, CHARI- TABLE ORGANIZATIONS, AND RECYCLABLE MATERIALS. — "(1) IN GENERAL.— Notwithstanding subsections (b), (c), and (d), a person from whom the additional legally applicable and effective tarifi" rate or charges are sought shall not be liable for the difference between the carrier's applicable and effective tariff^ rate and the rate originally billed and paid— "(A) if such person qualifies as a small-business concern under the Small Business Act (15 U.S.C. 631 et seq.), "(B) if such person is an organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, or "(C) if the cargo involved in the claim is recyclable materials. "(2) RECYCLABLE MATERIALS DEFINED.— In this subsection, the term 'recyclable materials' means waste products for recycling or reuse in the furtherance of recognized pollution control programs. "(a) MISCELLANEOUS PROVISIONS.— "(1) INFORMATION RELATING TO BASIS OF RATE.—- A motor carrier of property (other than a motor carrier providing transportation in noncontiguous domestic trade) shall provide to the shipper, on request of the shipper, a written or electronic copy of the rate, classification, rules, and practices, upon which
 * § 13710. Additional billing and collecting practices

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