B-132181, NOV. 21, 1957

B-132181: Nov 21, 1957

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TO BARTON TRUCK LINE: REFERENCE IS MADE TO YOUR LETTER OF JUNE 3. YOU ORIGINALLY CLAIMED AND WERE PAID $58.37 FOR THE INVOLVED SERVICE. WE DETERMINED THAT THE CHARGES WERE FOR COMPUTATION ON THE BASIS OF THROUGH RATES NAMED IN ROCKY MOUNTAIN MOTOR TARIFF BUREAU. ON THE BASIS OF THESE RATES YOU WERE ALLOWED $22.99 OF THE $25.61 CLAIMED. YOU CONTEND THAT THE RATES OF 30 AND 35 CENTS PER 100 POUNDS WHICH WE USED AS THE RATES BETWEEN SALT LAKE CITY AND TOOELE ORDNANCE DEPOT ARE FROM "A VERY OLD RIFF.'. YOU ALSO CONTEND THAT OUR USE OF ARBITRARY RATES IN ROCKY MOUNTAIN TARIFF NO. 34 IS IN ERROR AS "THIS CONSTITUTES USING THRU RATES.'. THE 30 AND 35 CENT RATES WHICH WE USED TO COMPUTE THE CHARGES BETWEEN SALT LAKE CITY AND TOOELE ORDNANCE DEPOT ARE THE ARBITRARY RATES PUBLISHED IN ITEM NO. 361.

B-132181, NOV. 21, 1957

TO BARTON TRUCK LINE:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 3, 1957, REQUESTING REVIEW OF OUR SETTLEMENT CERTIFICATE NO. T 685241 (OUR CLAIM NO. TK 553059), WHICH DISALLOWED $2.62 OF YOUR CLAIM FOR $25.61 ADDITIONAL CHARGES ALLEGED TO BE DUE FOR THE TRANSPORTATION OF A SHIPMENT OF LINSEED OIL, PAINT, VARNISH, AND NAILS, WEIGHING 2,978 POUNDS, FROM DENVER, COLORADO, TO TOOELE ORDNANCE DEPOT, TOOELE, UTAH, UNDER GOVERNMENT BILL OF LADING NO. GS- 681355, DATED FEBRUARY 22, 1956.

YOU ORIGINALLY CLAIMED AND WERE PAID $58.37 FOR THE INVOLVED SERVICE, COMPUTED ON THE BASIS OF A COMBINATION OF RATES OF $1.44 PER 100 POUNDS TO SALT LAKE CITY, UTAH, AND 52 CENTS PER 100 POUNDS BEYOND. THEREAFTER, YOU CLAIMED AN ADDITIONAL $25.61, COMPUTED BY THE USE OF A COMBINATION OF RATES OF $2.30 PER 100 POUNDS TO SALT LAKE CITY, AND 52 CENTS PER 100 POUNDS BEYOND.

IN OUR AUDIT OF YOUR SUPPLEMENTAL BILL, WE DETERMINED THAT THE CHARGES WERE FOR COMPUTATION ON THE BASIS OF THROUGH RATES NAMED IN ROCKY MOUNTAIN MOTOR TARIFF BUREAU, INC., AGENT, CLASS AND COMMODITY TARIFF NO. 34, MF- I.C.C. NO. 62, USING CLASS RATES TO SALT LAKE CITY, PLUS ARBITRARY RATES BEYOND. THIS MADE A THROUGH RATE OF $3.42 PER 100 POUNDS ($3.07 PLUS 35 CENTS) ON THE LINSEED OIL (52 POUNDS), RATED AT THIRD CLASS, AND A THROUGH RATE OF $2.72 PER 100 POUNDS ($2.42 PLUS 30 CENTS) ON THE REMAINING COMMODITIES (2,926 POUNDS), RATED AT FOURTH CLASS. ON THE BASIS OF THESE RATES YOU WERE ALLOWED $22.99 OF THE $25.61 CLAIMED.

IN YOUR REQUEST FOR REVIEW, YOU CONTEND THAT THE RATES OF 30 AND 35 CENTS PER 100 POUNDS WHICH WE USED AS THE RATES BETWEEN SALT LAKE CITY AND TOOELE ORDNANCE DEPOT ARE FROM "A VERY OLD RIFF.' YOU ALSO CONTEND THAT OUR USE OF ARBITRARY RATES IN ROCKY MOUNTAIN TARIFF NO. 34 IS IN ERROR AS "THIS CONSTITUTES USING THRU RATES.'

THE 30 AND 35 CENT RATES WHICH WE USED TO COMPUTE THE CHARGES BETWEEN SALT LAKE CITY AND TOOELE ORDNANCE DEPOT ARE THE ARBITRARY RATES PUBLISHED IN ITEM NO. 361, NINTH REVISED PAGE 62 OF ROCKY MOUNTAIN TARIFF NO. 34. THESE RATES BECAME EFFECTIVE FEBRUARY 26, 1955, AND THUS WERE IN EFFECT WHEN THE INVOLVED SHIPMENT MOVED. ITEM NO. 361, NINTH REVISED PAGE 62, SETS FORTH THAT, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED AND SUBJECT TO NOTE 1, THE RATES TO OR FROM TOOELE ORDNANCE DEPOT, AMONG OTHER PLACES, SHALL BE MADE BY ADDING THE NAMED ARBITRARIES TO THE APPLICABLE CLASS OR COMMODITY RATES TO OR FROM SALT LAKE CITY. THERE IS NO APPARENT REASON WHY THIS ITEM SHOULD NOT BE APPLIED TO THE INVOLVED SHIPMENT, AND OUR SETTLEMENT PROPERLY GAVE EFFECT TO THE PROVISIONS OF THE ITEM.