B-130396, MAR. 14, 1958

B-130396: Mar 14, 1958

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TO THE CAROLINA FREIGHT CARRIERS CORPORATION: REFERENCE IS MADE TO YOUR CLAIM NO. 056-125. THE OVERPAYMENT ON THIS SHIPMENT WAS RECOMPUTED AS FOR A TRUCKLOAD SHIPMENT AND YOU WERE INFORMED THAT ON THAT BASIS YOU HAD BEEN OVERPAID $231.43. WHICH AMOUNT YOU WERE REQUESTED TO REFUND WITHIN 30 DAYS. YOU HAVE NOW QUESTIONED TWO ITEMS IN THE RECOMPUTATION. THIS AMOUNT WILL BE ALLOWED. PORT NEWARK IS LOCATED WITHIN ZONE 1. THE DEFICIT IN WEIGHT WILL BE CHARGED FOR AT THE RATE APPLICABLE TO THE ARTICLE TAKING THE HIGHEST RATE PROVIDED IN TARIFFS MAKING REFERENCE HERETO.'. YOUR CLAIM FOR $17.65 ADDITIONAL FOR THIS SERVICE IS DISALLOWED. THE OVERPAYMENT TO YOU ON THIS SHIPMENT WILL BE AMENDED TO $230.88 ($231.43 LESS 55 CENTS) WHICH.

B-130396, MAR. 14, 1958

TO THE CAROLINA FREIGHT CARRIERS CORPORATION:

REFERENCE IS MADE TO YOUR CLAIM NO. 056-125, PRO. 12197, RELATIVE TO AN OVERPAYMENT FOUND IN THE AUDIT OF YOUR BILL FOR THE TRANSPORTATION OF A SHIPMENT OF MISCELLANEOUS FREIGHT WEIGHING 9,787 POUNDS, FROM WARNER ROBBINS, GEORGIA, TO PORT NEWARK, NEW JERSEY, UNDER BILL OF LADING NO. WX- 8573754, IN JULY 1953.

PURSUANT TO YOUR REQUEST, THE OVERPAYMENT ON THIS SHIPMENT WAS RECOMPUTED AS FOR A TRUCKLOAD SHIPMENT AND YOU WERE INFORMED THAT ON THAT BASIS YOU HAD BEEN OVERPAID $231.43, WHICH AMOUNT YOU WERE REQUESTED TO REFUND WITHIN 30 DAYS. YOU HAVE NOW QUESTIONED TWO ITEMS IN THE RECOMPUTATION. FIRST, YOU CLAIM 55 CENTS ADDITIONAL FOR THE TRANSPORTATION OF 24 POUNDS OF OPTICAL INSTRUMENTS BECAUSE OF ALLEGED IMPROPER PACKING. THIS AMOUNT WILL BE ALLOWED. CONCERNING YOUR CLAIM FOR $17.68 ADDITIONAL TO $17.62 PREVIOUSLY CLAIMED BY AND PAID TO YOU FOR PIER DELIVERY, YOU STATE THE TOTAL WEIGHT OF THIS SHIPMENT HAS BEEN INCREASED TO 27,157 POUNDS AND THE DELIVERY CHARGE AT 13 CENTS PER 100 POUNDS ON 27,157 RESULTS IN $35.30. YOU REFER TO SOUTHERN MOTOR CARRIERS RATE CONFERENCE, AGENT, TARIFF 14-K, MF-I.C.C. NO. 472 AS PROVIDING THE BASIS FOR SUCH CHARGE. ITEM 300-F OF TARIFF 14-K, AS AMENDED BY SUPPLEMENT NO. 28, PROVIDES THE RATES PER 100 POUNDS FOR STORE-DOOR DELIVERY SERVICE WITHIN THE NEW YORK DISTRICT ON "/A) ALL FREIGHT, EXCEPT AS PROVIDED FOR IN PARAGRAPH (B) AT ANY ADDRESS, COMMUNITY OR POINT SHOWN * * * AS TAKING * * * ZONES 1, 2, AND 3.' PORT NEWARK IS LOCATED WITHIN ZONE 1. COLUMNS 1 TO 4, INCLUSIVE, PROVIDE THE RATES ON SHIPMENTS OF GRADUATED WEIGHTS. COLUMN 3 PROVIDES A RATE OF 18 CENTS PER 100 POUNDS ON "ANY SHIPMENT WEIGHING 5,000 LBS BUT LESS THAN 15,000 LBS (SEE NOTES 3 AND 5 BELOW).' NOTE 3 PROVIDES THAT:

"IN ASSESSING THE CHARGES UNDER THIS COLUMN, THE CHARGES BASED ON 15,000 POUNDS AT THE RATE PUBLISHED IN TARIFFS MAKING REFERENCE HERETO, FROM ORIGIN TO CARRIER'S TERMINAL PLUS THE DELIVERY RATE (IF ANY) SHOWN IN COLUMN 4 MUST NOT BE EXCEEDED.'

NOTE 5 PROVIDES THAT:

"IF A SHIPMENT CONSISTS OF TWO OR MORE DIFFERENTLY RATED ARTICLES, THE DEFICIT IN WEIGHT WILL BE CHARGED FOR AT THE RATE APPLICABLE TO THE ARTICLE TAKING THE HIGHEST RATE PROVIDED IN TARIFFS MAKING REFERENCE HERETO.'

COLUMN 4 PROVIDES A RATE OF 13 CENTS PER 100 POUNDS FOR DELIVERY TO STEAMSHIP PIERS ON "ANY SHIPMENT WEIGHING 15,000 LBS OR OVER.' THE SHIPMENT UNDER CONSIDERATION HERE WEIGHED 9,787 POUNDS AND NO AUTHORITY HAS BEEN FOUND IN THE DELIVERY TARIFF FOR APPLYING THE RATE PER 100 POUNDS TO THE THEORETICAL WEIGHT OF 27,157 POUNDS USED IN ASSESSING THE TRANSPORTATION CHARGES. THEREFORE, YOUR CLAIM FOR $17.65 ADDITIONAL FOR THIS SERVICE IS DISALLOWED.

ACCORDINGLY, THE OVERPAYMENT TO YOU ON THIS SHIPMENT WILL BE AMENDED TO $230.88 ($231.43 LESS 55 CENTS) WHICH, IF NOT REFUNDED WITHIN 30 DAYS, WILL BE COLLECTED BY SETOFF IN MAKING PAYMENT OF AMOUNTS OTHERWISE DUE YOU.