B-126798, APR. 2, 1956
Highlights
TO ERIE RAILROAD COMPANY: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 24. THE RECORD HERE INDICATES THAT THESE FOURTEEN SHIPMENTS WERE MADE BY THE INLAND STEEL COMPANY. THAT THE TRANSPORTATION CHARGES WERE PREPAID BY THE SHIPPER ON THE BASIS OF AN EXPORT RATE OF 37 CENTS PER 100 POUNDS. INDICATING THAT SUCH AMOUNT WAS DUE YOU ON ACCOUNT OF THE "CHANGE FROM EXPORT TO DOMESTIC RATES.'. THIS BILL WAS PAID AS VOUCHER NO. 512118 IN MARCH 1944. UPON THE AUDIT OF THIS PAYMENT BY OUR TRANSPORTATION DIVISION YOU WERE REQUESTED TO REFUND THE AMOUNT SO PAID FOR THE REASON THAT THE EXPORT RATES WERE APPLICABLE. 308.47 WAS DEDUCTED IN MAKING PAYMENT OF OTHER AMOUNTS DUE YOU. IN YOUR REQUEST FOR REVIEW YOU ALLEGE THAT THESE SHIPMENTS WERE "RESHIPPED TO SAN FRANCISCO ON TREASURY DEPARTMENT PROCUREMENT BILLS OF LADING FOR EXPORT" AND THAT.
B-126798, APR. 2, 1956
TO ERIE RAILROAD COMPANY:
REFERENCE IS MADE TO YOUR LETTER OF JANUARY 24, 1956, REQUESTING REVIEW OF THE ACTION OF OUR TRANSPORTATION DIVISION IN COLLECTING THROUGH SETOFF ACTION THE AMOUNT OF $2,308.47, ORIGINALLY PAID ON YOUR BILL NO. 77-13437- 11/43 AS A PART OF THE CHARGES ALLEGED TO BE DUE FOR TRANSPORTING FOURTEEN SHIPMENTS OF TIN PLATE FROM INDIANA HARBOR, INDIANA, TO NEW YORK LIGHTERAGE, FOR EXPORT, IN MARCH 1942.
THE RECORD HERE INDICATES THAT THESE FOURTEEN SHIPMENTS WERE MADE BY THE INLAND STEEL COMPANY, INDIANA HARBOR, INDIANA, ON PREPAID COMMERCIAL BILLS OF LADING TO THE BRITISH MINISTRY OF WAR TRANSPORT, NEW YORK LIGHTERAGE, FOR EXPORT, DURING MARCH 1942, AND THAT THE TRANSPORTATION CHARGES WERE PREPAID BY THE SHIPPER ON THE BASIS OF AN EXPORT RATE OF 37 CENTS PER 100 POUNDS. THEREAFTER, YOU PRESENTED YOUR BILL NO. 77-13437-11/43 TO THE PROCUREMENT DIVISION OF THE UNITED STATES TREASURY DEPARTMENT CLAIMING ADDITIONAL CHARGES OF $2,308.47 FOR THIS TRANSPORTATION, INDICATING THAT SUCH AMOUNT WAS DUE YOU ON ACCOUNT OF THE "CHANGE FROM EXPORT TO DOMESTIC RATES.' THE ADDITIONAL AMOUNT CLAIMED REPRESENTED CHARGES COMPUTED ON THE BASIS OF THE DIFFERENCE BETWEEN THE DOMESTIC AND THE EXPORT RATES. THIS BILL WAS PAID AS VOUCHER NO. 512118 IN MARCH 1944. UPON THE AUDIT OF THIS PAYMENT BY OUR TRANSPORTATION DIVISION YOU WERE REQUESTED TO REFUND THE AMOUNT SO PAID FOR THE REASON THAT THE EXPORT RATES WERE APPLICABLE. UPON YOUR FAILURE TO MAKE THIS REFUND, THE AMOUNT OF $ 2,308.47 WAS DEDUCTED IN MAKING PAYMENT OF OTHER AMOUNTS DUE YOU.
IN YOUR REQUEST FOR REVIEW YOU ALLEGE THAT THESE SHIPMENTS WERE "RESHIPPED TO SAN FRANCISCO ON TREASURY DEPARTMENT PROCUREMENT BILLS OF LADING FOR EXPORT" AND THAT, THEREFORE, THE DOMESTIC RATES WERE PROPERLY APPLICABLE ON THESE SHIPMENTS. FURTHER, YOU CITE CERTAIN TARIFF PROVISIONS WHICH YOU VIEW AS SUPPORTING YOUR CONTENTION.
THE RECORD BEFORE THIS OFFICE CONTAINS NOTHING TO SHOW THAT THESE PARTICULAR SHIPMENTS WERE NOT EXPORTED AS ORIGINALLY INTENDED, OR THAT THEY EVER CAME INTO THE POSSESSION OF THE UNITED STATES. ALSO, YOU FAIL TO IDENTIFY, BY BILL OF LADING OR OTHER REFERENCE, THE ALLEGED SUBSEQUENT RAIL MOVEMENT OF THESE SHIPMENTS. IT IS NOT THE DUTY OF OUR OFFICE TO REFUTE CLAIMS PRESENTED TO IT FOR SETTLEMENT, OR THE ALLEGATIONS ON WHICH SUCH CLAIMS ARE BASED, BUT RATHER IT IS FOR THE CLAIMANTS TO PROVE THEIR CLAIMS AND ALL MATTERS INCIDENTAL THERETO REQUISITE TO ESTABLISH THE CLEAR LEGAL LIABILITY OF THE UNITED STATES AND THE CLAIMANT'S RIGHT TO PAYMENT. 18 COMP. GEN. 980. HERE YOU HAVE PRESENTED NO EVIDENCE TO SHOW THE INTEREST OF THE GOVERNMENT IN THE PROPERTY, THE FAILURE OF THE BRITISH MINISTRY OF WAR TO MAKE THE NECESSARY ARRANGEMENTS FOR THE TRANSSHIPMENT OF THIS MATERIAL ON ITS VESSELS, OR THAT THE PROPERTY WAS RESHIPPED BY RAIL TO SAN FRANCISCO, CALIFORNIA, FOR EXPORT.
ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE ACTION OF OUR TRANSPORTATION DIVISION IS SUSTAINED.