B-130356, AUG. 9, 1957

B-130356, AUG. 9, 1957

TO CAROLINA FREIGHT CARRIERS CORPORATION:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 11, 1957, CONCERNING THE ACTION TAKEN ON YOUR CLAIM CC-3250 FOR FREIGHT CHARGES ON A SHIPMENT OF GOVERNMENT PROPERTY UNDER GOVERNMENT BILL OF LADING NO. WX 6418910.

IT IS NOT CLEAR JUST WHEN THE SHIPMENT INVOLVED WAS TENDERED TO YOU AT ORLANDO, FLORIDA, FOR TRANSPORTATION TO CAMP KILMER, NEW JERSEY, SINCE THE EXACT DATE IS NOT A MATTER OF RECORD. THE BILL OF LADING BEARS A TYPEWRITTEN NOTATION SHOWING WHAT APPEARS TO BE "1 JUNE 52" IN THE SPACE ENTITLED "DATE B/L ISSUED" AND TYPEWRITTEN COPIES OF YOUR "DUPLICATE FREIGHT BILL" NO. 395089 FURNISHED WITH YOUR LETTER OF MARCH 2, 1955, APPARENTLY HAD ONE DATE WHICH WAS OVERTYPED AND JUNE 3, 1952, IS NOW SHOWN ON SUCH "DUPLICATE.' THE SHIPMENT WAS DESCRIBED ON THE BILL OF LADING AS CONSISTING OF 154 DUFFLE BAGS, 150 PACKS, AND 2 FOOTLOCKERS, WEIGHING A TOTAL OF 8,600 POUNDS. THE BILL OF LADING ALSO BEARS THE TYPEWRITTEN NOTATIONS "EXCLUSIVE USE OF VEHICLE ORDERED BY SHIPPER" AND "TO ARRIVE NO LATER THAN 4 JUNE 52 1300.' THE CONSIGNEE'S CERTIFICATE OF DELIVERY WAS ACCOMPLISHED ON NOVEMBER 26, 1952.

YOU ORIGINALLY CLAIMED AND WERE PAID THE SUM OF $787.05, COMPUTED ON THE BASIS OF ONE AND ONE-QUARTER TIMES THE FIRST-CLASS RATE, OF $4.95 PER 100 POUNDS, AT THE MINIMUM WEIGHT OF 15,000 POUNDS, PLUS A SURCHARGE OF 6 PERCENT. IN THE SUBSEQUENT AUDIT OF SUCH PAYMENT OUR TRANSPORTATION DIVISION ISSUED A NOTICE OF OVERPAYMENT, FORM NO. 1003, FOR $157.41 COMPUTED ON THE BASIS OF A FIRST-CLASS RATE OF $3.96 PER 100 POUNDS, AT A MINIMUM WEIGHT OF 15,000 POUNDS, AS AUTHORIZED IN ITEM 910 AND SECTION 4 OF MOTOR CARRIERS TRAFFIC ASSOCIATION TARIFF BUREAU MOTOR FREIGHT TARIFF NO. 129-A, BF-I.C.C. NO. 321, R. S. COOPER, AGENT. THE MINIMUM WEIGHT OF 15,000 POUNDS USED IN THE AUDIT UNDER THE CITED AUTHORITY WAS PREMISED ON THE FACT THAT THE BILL OF LADING INDICATED THAT THE EXCLUSIVE USE OF THE TRUCK HAD BEEN ORDERED AND THAT THE RESULTING CHARGES WERE HIGHER THAN THOSE APPLICABLE ON THE BASIS OF THE PUBLISHED RATE FOR EACH ARTICLE.

YOU THEN SUBMITTED A SUPPLEMENTAL BILL FOR $524.70 ADDITIONAL CHARGES ON THIS SHIPMENT COMPUTED ON THE BASIS OF A RATE OF $4.95 PER 100 POUNDS AT A MINIMUM WEIGHT OF 25,000 POUNDS. ACCORDING TO THE TYPEWRITTEN COPIES OF THE "DUPLICATE FREIGHT BILL" FURNISHED BY YOU THIS CLAIM WAS BASED UPON NOTE G OF ITEM 955F, IN SUPPLEMENT 25 OF THE CITED TARIFF, WHICH APPARENTLY DID NOT BECOME EFFECTIVE UNTIL OCTOBER 7, 1952. THE SAID NOTE PROVIDES THAT, WITH CERTAIN NOTED EXCEPTIONS, THE VOLUME MINIMUM WEIGHT ON TRAFFIC TO OR FROM FLORIDA WILL BE 25,000 POUNDS. YOUR CLAIM WAS DISALLOWED BY OUR TRANSPORTATION DIVISION BY LETTER DATED JULY 5, 1955, BECAUSE THE AUTHORITY UPON WHICH YOU RELIED PERTAINED SOLELY TO A VOLUME MINIMUM WEIGHT SHIPMENT AND, THEREFORE, HAD NO APPLICATION TO THE SHIPMENT INVOLVED WHICH CONSISTED OF A LESS THAN-TRUCKLOAD LOT, SUBJECT TO THE EXCLUSIVE USE RULE EMBODIED IN ITEM 910. YOU WERE ADVISED THAT THE FACT THE EXCLUSIVE USE OF THE VEHICLE WAS REQUESTED FOR THE SHIPMENT REQUIRES THE APPLICATION OF ITEM 910 OF THE CITED TARIFF WHICH PROVIDES FOR A MINIMUM CHARGE BASED ON A WEIGHT OF 15,000 POUNDS AT THE FIRST-CLASS RATE.

THEREAFTER, YOU REQUESTED A DESCRIPTION OF THE MATERIAL SHIPPED IN ORDER TO ASCERTAIN WHETHER THE CHARGE FOR 15,000 POUNDS AT THE FIRST CLASS RATE WAS THE MINIMUM CHARGE. BY LETTER DATED JULY 20, 1956, YOU WERE ADVISED THAT THE SHIPMENT CONSISTED OF 154 DUFFLE BAGS AND 150 PACKS CONTAINING PERSONAL EFFECTS AND TWO FOOTLOCKERS CONTAINING TECHNICAL EQUIPMENT TO ACCOMPANY TROOPS. YOU WERE ALSO ADVISED THAT SEPARATE WEIGHTS OF THE PERSONAL EFFECTS AND TECHNICAL EQUIPMENT WERE NOT AVAILABLE AND IT WAS OBSERVED THAT IF AN ESTIMATED WEIGHT OF 300 POUNDS WERE PLACED ON THE FOOTLOCKERS CONTAINING TECHNICAL EQUIPMENT, WHICH WOULD BE THE ONLY ITEM TAKING A RATING OF DOUBLE FIRST-CLASS, THEY WOULD COMPRISE SUCH A SMALL FRACTION OF THE ENTIRE SHIPMENT THAT THEIR WEIGHT WOULD BE OF NEGLIGIBLE IMPORTANCE IN DETERMINING THE TRANSPORTATION CHARGES ON THIS SHIPMENT.

YOU REQUEST DOCUMENTARY PROOF TO SUPPORT THE STATEMENTS CONTAINED IN THE LETTER OF JULY 20, 1956, AND YOU MAKE INQUIRY REGARDING STORAGE CHARGES WHICH YOU NOW CONTEND WERE DUE ON THIS SHIPMENT AND HAD BEEN PREVIOUSLY INADVERTENTLY OVERLOOKED.

FOR YOUR INFORMATION THERE IS ENCLOSED A PHOTOSTATIC COPY OF A FIRST INDORSEMENT DATED MAY 18, 1956, FROM THE COMMERCIAL TRANSPORTATION OFFICER, ORLANDO AIR FORCE BASE, ORLANDO, FLORIDA, TO THE AIR FORCE DISTRICT TRAFFIC OFFICER, ROBINS AIR FORCE BASE, GEORGIA. THE INFORMATION REGARDING THE COMMODITIES IN THIS SHIPMENT AND THE WEIGHT INVOLVED CONTAINED IN THIS COMMUNICATION FORMED THE BASIS FOR THE STATEMENTS IN THE LETTER OF JULY 20, 1956.

ON THE PRESENT RECORD THE ACTION TAKEN IN DISALLOWING YOUR CLAIM FOR ADDITIONAL CHARGES ON THE INVOLVED SHIPMENT WAS PROPER AND MUST BE SUSTAINED. YOU ARE REQUESTED TO REMIT THE AMOUNT OF $157.41 TO LIQUIDATE THE OVERPAYMENT MADE IN CONNECTION WITH BILL OF LADING NO. WX-6418910, AS EXPLAINED ABOVE.

THERE IS NO INFORMATION OF RECORD REGARDING YOUR ASSERTION THAT STORAGE CHARGES ARE DUE ON THIS SHIPMENT. THE RECORD FAILS TO SHOW WHETHER THE SHIPMENT ACTUALLY RECEIVED STORAGE PRIVILEGES OR THAT STORAGE WAS ORDERED BY THE SHIPPER, AND THERE IS NO JUSTIFICATION FOR ASSUMING THAT STORAGE WAS PROVIDED IN THE ABSENCE, AS HERE, OF ANY EVIDENCE WHICH WOULD ESTABLISH THAT FACT.