B-142021, JUL. 29, 1960

B-142021, JUL. 29, 1960

TO PARKER MOTOR FREIGHT INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 10, 1960, REGARDING THE DISALLOWANCE OF YOUR CLAIM FOR $200.20 IN ADDITIONAL FREIGHT CHARGES ASSERTED TO BE DUE FOR THE TRANSPORTATION TO TRAVERSE CITY, MICHIGAN, ON ONE BOX OF UNPLATED IRON OR STEEL MACHINERY PARTS WEIGHING 820 POUNDS WHICH WAS TENDERED TO THE ORIGIN CARRIER UNDER BILL OF LADING N-8274494 AT NORFOLK, VIRGINIA, ON APRIL 17, 1956.

YOUR CLAIM FOR THE GREATER FREIGHT CHARGES IS SUPPORTED BY A COPY OF THE NAVAL SPEEDLETTER DATED APRIL 20, 1956, WHICH YOU CONTEND AUTHORIZED THE EXCLUSIVE USE OF A VEHICLE UNDER COAST GUARD TRAFFIC CONTROL NUMBER CGMF 827. SINCE THE REFERENCED SPEEDLETTER BORE THE SAME DATE AS THE CONSIGNEE'S CERTIFICATE OF DELIVERY ON THE BILL OF LADING, APRIL 20, 1956, AND SINCE THERE WAS NO INDICATION ON THE GOVERNMENT BILL OF LADING THAT EITHER EXCLUSIVE USE OR TRUCKLOAD SERVICE HAD BEEN REQUESTED FOR THE SHIPMENT, WE WROTE TO THE COAST GUARD FOR INFORMATION PERTAINING TO THE TRANSPORTATION SERVICES REQUESTED AND FURNISHED ON THE FREIGHT MOVEMENT. BY REPLY DATED JUNE 10, 1960 (COPY ENCLOSED), WE WERE ADVISED BY VICE- ADMIRAL J. A. HIRSHFIELD THAT THIS SHIPMENT WAS ACCEPTED AT ORIGIN BY THE SNYDER BROTHERS MOTOR FREIGHT, INC., AS A ROUTINE LESS-THAN-TRUCKLOAD FREIGHT MOVEMENT, AND THAT UPON ARRIVAL IN AKRON, OHIO, ON APRIL 19, THE CARRIER CONTACTED THE COAST GUARD AND ADVISED THAT DUE TO TIME LOST AT INTERCHANGE POINTS IT COULD NOT GUARANTEE DELIVERY ON TIME ON A LESS THAN- TRUCKLOAD BASIS. BECAUSE THE MATERIAL WAS URGENTLY NEEDED FOR REPAIRS, THE COAST GUARD AUTHORIZED THE EXCLUSIVE USE OF A TRUCK BEYOND AKRON TO DESTINATION BY ROUTE ORDER CGMF 827.

IN THESE CIRCUMSTANCES, THE CARRIERS ARE ENTITLED TO NO GREATER CHARGES THAN FOR THOSE SERVICES ACTUALLY PERFORMED, I.E., LESS-THAN TRUCKLOAD TO AKRON, OHIO, AND EXCLUSIVE USE BEYOND. THE CLASS 85 LESS THAN-TRUCKLOAD RATE OF $2.79 PER HUNDRED POUNDS, FROM NORFOLK, VIRGINIA, TO AKRON, OHIO, IS PROVIDED BY ITEM 67610-B OF NATIONAL MOTOR FREIGHT CLASSIFICATION A-2 AND EASTERN CENTRAL MOTOR CARRIERS ASSOCIATION TARIFF 31-A, MF-I.C.C. 113. THE CLASS 40 RATE OF 89 CENTS PER HUNDRED POUNDS, ON A MINIMUM WEIGHT OF 20,000 POUNDS, IS PROVIDED BY ITEM 67610 OF NATIONAL MOTOR FREIGHT CLASSIFICATION 13, AND CENTRAL STATES MOTOR FREIGHT BUREAU TARIFF 226-B, MF-I.C.C. 196, PLUS THE 25 PERCENT INCREASE IN CHARGES FOR EXCLUSIVE USE PROVIDED UNDER ITEM 300 OF CENTRAL STATES MOTOR FREIGHT BUREAU TARIFF 500-C, MF-I.C.C. 813. THE PROPER CHARGES FOR THE SERVICES PERFORMED ON THIS SHIPMENT SHOULD, THEREFORE, TOTAL $245.38, OR $118.62 LESS THAN NOW PAID TO THE CARRIERS.

ACCORDINGLY, IT IS REQUESTED THAT YOU REMIT THE UNEARNED AMOUNT OF $118.62 WITHOUT DELAY. OTHERWISE, IT WILL BE NECESSARY TO EFFECT RECOVERY OF THE SUM BY OTHER AVAILABLE MEANS.