B-167729, OCT. 21, 1969

B-167729, OCT. 21, 1969

BILLS OF LADING--DESCRIPTION--RATE BASES DENIAL OF CARRIER'S CLAIM FOR ADDITIONAL FREIGHT CHARGES ON SHIPMENT OF INTERNAL COMBUSTION ENGINE ON BASIS ITEM 2250, ROCKY MOUNTAIN MOTOR TARIFF BUREAU SECTION 22 QUOTATION I.C.C. NO. 18, HAS NO APPLICATION, DENSITY OF SHIPMENT BEING MORE THAN 8 POUNDS PER CUBIC FOOT AND BILL OF LADING (B/L) FAILING TO INCLUDE CERTIFICATE OF DENSITY OF SHIPMENT AS REQUIRED BY ITEM 240 WHEN COMMODITY DESCRIPTION DEPENDS ON STATED DENSITY, IS SUSTAINED. EVEN THOUGH REFERENCE ON B/L TO 207 CUBIC FEET AND 3,950 POUNDS ACTUAL WEIGHT DID NOT COINCIDE WITH WORDING SET FORTH IN ITEM 240 CERTIFICATE, THERE WAS SUBSTANTIAL COMPLIANCE WITH REQUIREMENT, ANY LANGUAGE ADEQUATELY DENOTING DENSITY IN POUNDS PER CUBIC FOOT IS LEGALLY ACCEPTABLE.

TO RED BALL MOTOR FREIGHT, INC.:

PLEASE REFER TO YOUR LETTER OF AUGUST 12, 1969, WITH ENCLOSURES, REQUESTING REVIEW OF THE SETTLEMENT CERTIFICATE DATED AUGUST 5, 1969 (TK- 890449), WHICH DISALLOWED YOUR CLAIM ON BILL NUMBERED 96007-A FOR $10.66, REPRESENTING ADDITIONAL FREIGHT CHARGES CLAIMED FOR A SHIPMENT DESCRIBED AS ENGINE INTERNAL COMBUSTION, NOI, RADIAL CYLINDER TYPE, NMFC 120820, WEIGHING 3,950 POUNDS. THE SHIPMENT WAS TRANSPORTED FROM NORTON AIR FORCE BASE, CALIFORNIA, TO DALLAS AIR MOTIVE, INC., DALLAS, TEXAS, UNDER GOVERNMENT BILL OF LADING D-3925570, DATED DECEMBER 21, 1967.

FOR THIS SERVICE YOU BILLED AND WERE PAID $234.63, BASED ON ROCKY MOUNTAIN MOTOR TARIFF BUREAU SECTION 22 QUOTATION I.C.C. NO. 18, ITEM 22550, RATE BASIS "B," RATE SCALE 33. IN THE AUDIT OF THE PAYMENT VOUCHER OUR TRANSPORTATION DIVISION ISSUED A NOTICE OF OVERCHARGE (FORM 1003), DATED JANUARY 24, 1969, IN THE AMOUNT OF $55.30. THE NOTICE WAS LATER WITHDRAWN.

YOU NOW CONTEND THAT: "* * * ITEM 22550 OF THE U.S. GOVT. QUOTATION I.C.C. 18, FIRST REVISED PAGE 93 HAS NO APPLICATION BECAUSE THE DESCRIPTIVE ITEM READS -ENGINES, STEAM OR INTERNAL COMBUSTION OR PARTS; INTERNAL COMBUSTION, RADIAL CYLINDER TYPE OR JET PROPULSION TYPE, WHEN DENSITY OF SHIPMENT IS NOT LESS THAN 8 POUNDS PER CUBIC FOOT.- THE 16TH REVISED PAGE 21, U.S. GOVERNMENT QUOTATION I.C.C. 18, ITEM 240 IS HEADED - CERTIFICATION OF WEIGHT DENSITY BY SHIPPER- AND STATES -WHERE RATE BASIS, ASSIGNMENTS FOR COMMODITIES DESCRIPTIONS DEPEND UPON A STATED DENSITY, (POUNDS PER CUBIC FOOT), THE SHIPPER MUST CERTIFY THE FOLLOWING ON THE BILL OF LADING AT THE TIME OF SHIPMENT; -ACTUAL DENSITY OF THE SHIPMENT IS HEREBY STATED BY THE SHIPPER TO BE --------- POUNDS PER CUBIC FOOT.-"

THE GOVERNMENT BILL OF LADING, D-3925570, SHOWS A NOTATION, WHICH READS "CU 207" AND THE ACTUAL WEIGHT IS SHOWN IN THE APPROPRIATE COLUMN AS 3,950 POUNDS. THE INFORMATION THUS SUBSTANTIALLY COMPLIED WITH THE REQUIREMENT SET FORTH IN ITEM 240 OF THE ROCKY MOUNTAIN MOTOR TARIFF BUREAU QUOTATION NO. 18, SINCE THE TOTAL CUBE AND WEIGHT CLEARLY INDICATE THAT THE DENSITY OF THE ENGINE SHIPPED EXCEEDED 8 POUNDS PER CUBIC FOOT; IN FACT, THE DENSITY WAS IN EXCESS OF 19 POUNDS PER CUBIC FOOT.

IT IS TRUE THAT THE REFERENCES ON THE BILL OF LADING TO 207 CUBIC FEET AND 3,950 POUNDS ACTUAL WEIGHT DO NOT COINCIDE WITH THE WORDING SET FORTH IN THE CERTIFICATE IN ITEM 240 OF QUOTATION 18; HOWEVER, WE DO NOT BELIEVE IT IS ESSENTIAL THAT THE CERTIFICATE BE REPRODUCED IN THE TERMS STATED IN THE QUOTATION; ANY LANGUAGE ADEQUATE TO DENOTE DENSITY IN POUNDS PER CUBIC FOOT IS LEGALLY ACCEPTABLE. SEE CAMPBELL "66" EXPRESS, INC. V UNITED STATES, 302 F.2D 270, 272 (1962); ALSO, OUR DECISION B-166276, DATED JULY 22, 1969, SUSTAINING THE DISALLOWANCE OF YOUR CLAIM NO. 73652 ON BILL NO. 90651-SUPP.

ACCORDINGLY, SINCE THERE WAS SUBSTANTIAL COMPLIANCE WITH THE QUOTATION REQUIREMENT FOR A SHOWING ON THE BILL OF LADING OF THE NUMBER OF POUNDS PER CUBIC FOOT, THE SETTLEMENT OF AUGUST 5, 1969, DISALLOWING YOUR CLAIM FOR $10.66, IS SUSTAINED.