B-139907, AUG. 15, 1960

B-139907, AUG. 15, 1960

TO A. B. JAMES FREIGHT LINES:

WE HAVE YOUR LETTER OF AUGUST 1, 1960, YOUR FILE N-358/58 352772, PERTAINING TO THE APPLICABLE FREIGHT CHARGES ON THE SHIPMENT TRANSPORTED UNDER BILL OF LADING N-22268190, WHICH WAS THE SUBJECT OF OUR LETTER DATED JULY 22, 1960, B-139907, TO YOU.

UNDER OUR EXISTING PROCEDURES, NOTICES OF OVERPAYMENT ORDINARILY ARE NOT REVIEWED BY THE COMPTROLLER GENERAL UNTIL AFTER FINAL ACTION AS BY SETTLEMENT CERTIFICATE HAS BEEN TAKEN ON AN OVERCHARGE CLAIM. SETTLEMENT ACTION HAS NOT BEEN TAKEN ON THIS SHIPMENT AND YOU HAVE PRESENTED NO ADDITIONAL EVIDENCE WHICH MIGHT BE REFERRED TO OUR TRANSPORTATION DIVISION FOR CONSIDERATION. THE PROCEDURES FOR PROTESTING STATED OVERPAYMENTS ARE CONTAINED IN TITLE 5, SECTION 5030 (PROTESTS TO STATED OVERPAYMENTS) OF OUR POLICY AND PROCEDURES MANUAL WHICH PROVIDES AS FOLLOWS:

"5030.10 SUBMISSION AND DISPOSITION OF PROTESTS. WHILE EACH GAO FORM 1003 REQUESTS PROMPT REFUND OF AMOUNTS DETERMINED TO BE DUE THE UNITED STATES, CARRIERS MAY ON OCCASION DISAGREE IN WHOLE OR IN PART WITH THE AMOUNT CLAIMED TO BE DUE. IN SUCH INSTANCES, A LETTER OF PROTEST MAY BE SUBMITTED TO THE TRANSPORTATION DIVISION, U.S. GENERAL ACCOUNTING OFFICE, WASHINGTON 25, D.C., ACCOMPANIED BY A CHECK FOR THE AMOUNT CONSIDERED TO BE PROPERLY DUE THE UNITED STATES. PROTESTS MUST BE SUBMITTED PROMPTLY; OTHERWISE, FURTHER COLLECTION PROCEEDINGS WILL BE INSTITUTED.

"IT IS NOT SUFFICIENT THAT A CARRIER MERELY PROTEST IN SO MANY WORDS; EACH PROTEST SHOULD SET FORTH FULLY THE BASIS RELIED UPON TO SUPPORT THE CARRIER'S POSITION AND THERE SHOULD BE FURNISHED ORIGINALS OR CERTIFIED COPIES OF ANY ADDITIONAL DOCUMENTS WHICH ARE RELIED UPON TO FURTHER SUBSTANTIATE THE PROTEST. WHILE PROMPT SUBMISSION OF A PROPER PROTEST HAS THE EFFECT OF DEFERRING COLLECTION ACTION, UNSUBSTANTIATED PROTESTS OR REPETITIOUS PROTESTS OF THE SAME ITEM TO WHICH CONSIDERATION HAS PREVIOUSLY BEEN ACCORDED WILL BE INEFFECTIVE FOR THAT PURPOSE.'

SINCE NO NEW EVIDENCE, NOT PREVIOUSLY CONSIDERED, WAS FURNISHED WITH YOUR LETTER, IT WOULD NOT BE PROPER AT YOUR REQUEST, TO DEFER PENDING YOUR SUBMITTING ADDITIONAL EVIDENCE, COLLECTION ACTION AS CONTEMPLATED AND AUTHORIZED BY SECTION 322 OF THE ACT OF SEPTEMBER 18, 1940, 54 STAT. 955, AS AMENDED, 49 U.S.C. 66. HOWEVER, CONSIDERATION WILL BE GIVEN TO ANY ADDITIONAL EVIDENCE YOU CARE TO SUBMIT TO ESTABLISH THE PROPRIETY OF THE CHARGES BILLED BY YOU. IF SUCH EVIDENCE IS CONSIDERED SATISFACTORY, NO DEDUCTION WILL BE MADE OF THE INVOLVED AMOUNT PROVIDED THE AMOUNT HAS NOT ALREADY THEN BEEN DEDUCTED. IF DEDUCTION OF THE AMOUNT THEN HAS BEEN EFFECTED, YOUR LETTER, TOGETHER WITH THE SUPPORTING MATERIAL, WILL BE CONSIDERED AS A CLAIM FOR REFUND OF THE AMOUNT DEDUCTED.