B-146414, APR. 8, 1963

B-146414, APR. 8, 1963

TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTERS OF OCTOBER 17 AND OCTOBER 29, 1962, FILE G-634690, REQUESTING RECONSIDERATION OF OUR DECISION OF FEBRUARY 19, 1962, B-146414, AND THE SETTLEMENT CERTIFICATE OF APRIL 20, 1962, BASED THEREON IN WHICH AN ADDITIONAL AMOUNT OF $60.65 WAS ALLOWED FOR THE SHIPMENT OF TRAILERS FROM HAMMOND, INDIANA, TO OAKLAND, CALIFORNIA, WITH A STOP AT NEBO, CALIFORNIA, FOR TRANSIT UNDER EXECUTIVE COMMITTEE-WESTERN TRAFFIC ASSOCIATION, SECTION 22 QUOTATION NO. 38.

YOU INDICATE ALL AGREE AS TO THE APPLICABLE THROUGH RATE, PLUS OTHER CHARGES ACCRUING ON THE SHIPMENT AND THE WEIGHT ACCORDED THE TRANSIT PRIVILEGE BY PROTEST THE METHOD USED TO COMPUTE THE CREDIT DUE THE UNITED STATES FOR CHARGES PAID ON THE PORTION OF INBOUND MOVEMENT ACCORDED THE TRANSIT PRIVILEGE. YOU INVITE ATTENTION TO THE PROVISIONS OF SECTION 17 OF QUOTATION 38 TO THE EFFECT THAT THE CARLOAD RATE APPLIES ON THE THROUGH MOVEMENT AND THAT THE GOVERNMENT SHALL PAY THE THROUGH RATE LESS THE LINE- HAUL RATE TO THE TRANSIT POINT AND CONTEND THAT THE LINE-HAUL RATE TO THE TRANSIT POINT TO WHICH THE GOVERNMENT IS ENTITLED TO A CREDIT IS FOR COMPUTATION BASED UPON THE TARIFF RATE PER HUNDRED WEIGHT, $2.98 PLUS 15 PERCENT INCREASE, PAID INBOUND RATHER THAN THE ACTUAL PAID IN RATE PER HUNDRED POUNDS AS DERIVED FROM DIVIDING THE PAID IN CHARGES $1,165.18 BY THE NUMBER OF HUNDRED POUNDS SHIPPED INBOUND. A SIMILAR PROVISION IN SECTION 22 QUOTATION NO. 16F WAS THE SUBJECT OF OUR DECISION TO YOU OF DECEMBER 20, 1962, B-145946, COPY ATTACHED, AND FOR THE REASONS SET FORTH IN DETAIL THEREIN, WE ARE STILL OF THE VIEW THAT A PROPER AND EQUITABLE CONSTRUCTION OF THE TRANSIT QUOTATION REQUIRES THAT CREDIT FOR THE INBOUND CHARGES BE BASED ON THE ACTUAL CHARGES PAID INBOUND ON THE TRANSITED WEIGHT. ACCORDINGLY, OUR DECISION OF FEBRUARY 19, 1962, B-146414, IS AFFIRMED.