Page:United States Statutes at Large Volume 107 Part 3.djvu/108

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107 STAT. 2046 PUBLIC LAW 103-180—DEC. 3, 1993 nothing in this subsection shall relieve a motor common carrier of the duty to file and adhere to its rates, rules, and classifications as required in sections 10761 and 10762 of this title. " (8) NOTIFICATION OF ELECTION.— "(A) GENERAL RULE.—^A person must notify the carrier or freight forwarder as to its election to proceed under paragraph (2), (3), or (4). Except as provided in subparagraphs (B), (C), and (D), such election may be made at any time. " (B) DEMANDS FOR PAYMENT INITIALLY MADE AFTER DATE OF ENACTMENT.—I f the carrier or freight forwarder or party representing such carrier or freight forwarder initially demands the payment of additional freight charges after the date of the enactment of this subsection and notifies the person from whom additional freight charges are sought of the provisions of paragraphs (1) through (7) at the time of the making of such initial demand, the election must be made not later than the later of— "(i) 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 "(ii) the 90th day following the date of the enactment of this subsection. " (C) PENDING SUITS FOR COLLECTION MADE BEFORE OR ON DATE OF ENACTMENT. —If the carrier or freight forwarder or party representing such carrier or freight forwarder has filed, before or on the date of the enactment of this subsection, a suit for the collection of additional freight charges and notifies the person from whom additional freight charges are sought of the provisions of paragraphs (1) through (7), the election must be made not later than the 90th day following the date on which such notification is received. \ " (D) DEMANDS FOR PAYMENT MADE BEFORE OR ON DATE OF ENACTMENT. —If 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 or on the date of the enactment of this subsection and notifies the person from whom additional freight charges are sought of the provisions of paragraphs (1) througn (7), the election must be made not later than the later of— "(i) 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 "(ii) the 90th day following the date of the enactment of this subsection. " (9) CLAIMS INVOLVING SMALL-BUSINESS CONCERNS, CHARI- , T A B LE ORGANIZATIONS, AND RECYCLABLE MATERIALS.— Notwithstanding paragraphs (2), (3), and (4), a person from whom the additional legally applicable and effective tariff 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 psdd— "(A) if such person qualifies as a small-business concern under the Small Business Act (15 U.S.C. 631 et seq.),