B-120996, DEC 10, 1954

B-120996: Dec 10, 1954

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POTVIN: REFERENCE IS MADE TO YOUR LETTER OF JUNE 24. YOU WERE DIRECTED TO PROCEED FROM SILVER SPRING. AS A GROUP 3 OFFICER WITH FAMILY YOU WERE ENTITLED TO HAVE TRANSPORTED NOT TO EXCEED 16. "WHEN FREIGHT CHARGES ARE ASSESSED ENTIRELY BY WEIGHT OR ENTIRELY BY VOLUME AND THE APPLICABLE LIMITATION IS EXCEEDED. TRANSPORTATION EXPENSES SHALL BE ALLOWED IN THE PROPORTION THAT THE APPLICABLE LIMITATION BEARS TO THE TOTAL WEIGHT OR VOLUME ON WHICH THE FREIGHT CHARGES ARE ASSESSED.". IT FOLLOWS THAT THE GOVERNMENT IS CHARGEABLE ONLY WITH ITS PROPORTIONATE SHARE OF THE TOTAL COST OF SAID SHIPMENT IN ACCORDANCE WITH THE REGULATIONS. A SUPPLEMENTAL SETTLEMENT FOR THE AMOUNT FOUND TO BE DUE WILL ISSUE IN DUE COURSE.

B-120996, DEC 10, 1954

PRECIS-UNAVAILABLE

MR. LEO J. POTVIN:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 24, 1954, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED JUNE 22, 1954, WHICH DISALLOWED YOUR CLAIM FOR $13.50, REPRESENTING THE SUM YOU EXPENDED FOR SHIPMENT DURING OCTOBER 1951 OF NINE CASES OF LIQUOR, WEIGHING 406 1/2 POUNDS, FROM NEW YORK, NEW YORK, TO NICOSIA, CYPRUS.

BY AUTHORIZATION DATED MARCH 2, 1951, YOU WERE DIRECTED TO PROCEED FROM SILVER SPRING, MARYLAND, TO NICOSIA, CYPRUS, FOR PERMANENT DUTY AS A FOREIGN SERVICE OFFICER, DEPARTMENT OF STATE. THE ORDER AUTHORIZED SHIPMENT OF HOUSEHOLD EFFECTS FROM SILVER SPRING, MARYLAND, AND HOLLY HILL, FLORIDA, TO YOUR FOREIGN DUTY STATION AT GOVERNMENT EXPENSE. AS A GROUP 3 OFFICER WITH FAMILY YOU WERE ENTITLED TO HAVE TRANSPORTED NOT TO EXCEED 16,500 POUNDS. HOWEVER, SECTION 103.676 OF THE FOREIGN SERVICE REGULATIONS DATED MAY 20, 1949, IN EFFECT AT THE TIME OF SAID SHIPMENT PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"*** NOT OVER 2 PERCENT OF THE AUTHORIZED MAXIMUM WEIGHT ALLOWANCE OR 1 PERCENT OF THE AUTHORIZED MAXIMUM ALLOWANCE BY VOLUME MAY BE UTILIZED FOR SHIPMENT OF WINES OR LIQUORS. SUCH WINES OR LIQUORS MUST BE CARRIED ON A SEPARATE BILL OF LADING OR SPECIFICALLY ITEMIZED IN A BILL OF LADING.

"WHEN FREIGHT CHARGES ARE ASSESSED ENTIRELY BY WEIGHT OR ENTIRELY BY VOLUME AND THE APPLICABLE LIMITATION IS EXCEEDED, TRANSPORTATION EXPENSES SHALL BE ALLOWED IN THE PROPORTION THAT THE APPLICABLE LIMITATION BEARS TO THE TOTAL WEIGHT OR VOLUME ON WHICH THE FREIGHT CHARGES ARE ASSESSED."

AS A RESULT OF THE QUOTED REGULATIONS YOUR MAXIMUM WEIGHT ALLOWANCE FOR THE SHIPMENT OF WINES AND LIQUORS AT GOVERNMENT EXPENSE COULD NOT EXCEED 330 POUNDS. SINCE THE RECORD SHOWS THAT THE SHIPMENT OF NINE CASES OF LIQUOR WEIGHED 406 1/2 POUNDS, IT FOLLOWS THAT THE GOVERNMENT IS CHARGEABLE ONLY WITH ITS PROPORTIONATE SHARE OF THE TOTAL COST OF SAID SHIPMENT IN ACCORDANCE WITH THE REGULATIONS. A SUPPLEMENTAL SETTLEMENT FOR THE AMOUNT FOUND TO BE DUE WILL ISSUE IN DUE COURSE.