B-134172, DEC. 11, 1957

B-134172: Dec 11, 1957

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FOR THIS TRANSPORTATION YOU CLAIMED AND WERE PAID $631.39. IN THE AUDIT OF THIS PAYMENT THE CHARGES WERE RECOMPUTED ON THE BASIS OF A CLASS 70 RATE OF $2.76 PER 100 POUNDS. THE CLASS 70 RATING IS AUTHORIZED ON SHIPMENTS OF "BAGS * * * COTTON RUBBERIZED. YOU WERE REQUESTED TO REFUND THE RESULTING OVERPAYMENT OF $148.67. THIS AMOUNT WAS SUBSEQUENTLY DEDUCTED IN MAKING PAYMENT OF AMOUNTS OTHERWISE DUE YOU. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE RECORDS IN OUR TRANSPORTATION DIVISION SHOWED THAT THE ARTICLES SHIPPED WERE PROPERLY COVERED BY ITEM NO. 3645 OF THE CONSOLIDATED FREIGHT CLASSIFICATION AND THAT THE COMMODITY DESCRIPTION IN THIS ITEM IS THE SAME AS THE DESCRIPTION IN ITEM NO. 115O OF WESTERN TRUNK LINE TARIFF BUREAU EXCEPTIONS TARIFF NO. 386-F.

B-134172, DEC. 11, 1957

TO CENTRAL OF GEORGIA RAILWAY COMPANY:

CONSIDERATION HAS BEEN GIVEN YOUR REQUEST FOR REVIEW OF OUR SETTLEMENT CERTIFICATE IN CLAIM NO. TK 614-853, WHICH DISALLOWED YOUR CLAIM, PER SUPPLEMENTAL BILL NO. N-5-60277-B-G-R-1333-10, FOR $148.67 AS A PART OF THE CHARGES ALLEGED TO BE DUE FOR THE TRANSPORTATION FROM KANSAS CITY, MISSOURI, TO ARMY DEPOT, GEORGIA, IN NOVEMBER 1951, OF A SHIPMENT DESCRIBED ON BILL OF LADING NO. WW-9627463 AS 66 BALES OF "BAGS, COTTON, RUBBERIZED (CASE, WATER REPELLENT BAG)," WEIGHING 16,500 POUNDS.

FOR THIS TRANSPORTATION YOU CLAIMED AND WERE PAID $631.39, COMPUTED ON THE BASIS OF A RATE OF $3.61 PER 100 POUNDS, PLUS A SIX PERCENT INCREASE IN CHARGES. IN THE AUDIT OF THIS PAYMENT THE CHARGES WERE RECOMPUTED ON THE BASIS OF A CLASS 70 RATE OF $2.76 PER 100 POUNDS, PLUS THE SIX PERCENT INCREASE. THE CLASS 70 RATING IS AUTHORIZED ON SHIPMENTS OF "BAGS * * * COTTON RUBBERIZED," LESS THAN CARLOAD, IN ITEM NO. 1150 OF WESTERN TRUNK LINE TARIFF BUREAU EXCEPTIONS TARIFF NO. 386-F. YOU WERE REQUESTED TO REFUND THE RESULTING OVERPAYMENT OF $148.67, AND THIS AMOUNT WAS SUBSEQUENTLY DEDUCTED IN MAKING PAYMENT OF AMOUNTS OTHERWISE DUE YOU. RECLAIMING THE AMOUNT DEDUCTED, YOU ALLEGED THAT THE SHIPMENT CONSISTED OF 66 BALES OF COTTON RUBBERIZED SLEEPING BAGS,"CASE WATER REPELLENT BAGS.' AS AUTHORITY FOR YOUR CLAIM YOU REFERRED TO ITEM 3750 OF SOUTHERN CLASSIFICATION NO. 61, AND INDICATED THAT "ITEM 3645, C.F.C. NO. 20 SAME AS ITEM 1150, W.T.L. 386 F BUT DOES NOT COVER SLEEPING BAGS.' YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE RECORDS IN OUR TRANSPORTATION DIVISION SHOWED THAT THE ARTICLES SHIPPED WERE PROPERLY COVERED BY ITEM NO. 3645 OF THE CONSOLIDATED FREIGHT CLASSIFICATION AND THAT THE COMMODITY DESCRIPTION IN THIS ITEM IS THE SAME AS THE DESCRIPTION IN ITEM NO. 115O OF WESTERN TRUNK LINE TARIFF BUREAU EXCEPTIONS TARIFF NO. 386-F.

YOUR REQUEST FOR REVIEW RESTS UPON THE PREMISE THAT THIS SHIPMENT CONSISTED OF SLEEPING BAGS RATHER THAN BAGS, COTTON, RUBBERIZED, AS DESCRIBED IN THE BILL OF LADING. HOWEVER, YOU HAVE FURNISHED NO EVIDENCE TO SHOW THAT THE ARTICLES SHIPPED HERE WERE OTHER THAN RUBBERIZED COTTON BAGS.

AN ADMINISTRATIVE REPORT DATED NOVEMBER 28, 1956, FROM THE PHILADELPHIA QUARTERMASTER DEPOT, PHILADELPHIA, PENNSYLVANIA, WITH RESPECT TO THIS SHIPMENT, IS TO THE EFFECT THAT THE ARMY NOMENCLATURE OF THE ITEM SHOWN ON GOVERNMENT BILL OF LADING WW 9627463 AS BAGS, COTTON, RUBBERIZED WAS "CASE, WATER REPELLENT, BAG," AND THAT THE SHIPMENT WAS COVERED BY ITEM NO. 3645, CFC NO. 20, EFFECTIVE OCTOBER 15, 1951.

MILITARY SPECIFICATION JAN-C-707, WHICH THE PHILADELPHIA QUARTERMASTER DEPOT FURNISHED IN EXPLANATION OF THE ARTICLE HERE INVOLVED, COVERS THE REQUIREMENTS FOR A WATER-REPELLENT SLEEPING BAG "CASE.' THE SAID "CASE" IS DESCRIBED AS BEING INTENDED FOR USE IN CONJUNCTION WITH "SLEEPING BAG, WOOL; BAG, SLEEPING, ARCTIC M-1945; AND BAG, SLEEPING, MOUNTAIN, M-1945.' THE SPECIFICATION SHOWS FURTHER THAT THERE IS STENCILED ON THIS BAG OR CASE THE WORDS "ALWAYS USE THIS CASE ON YOUR SLEEPING BAG.' THE BAG OR CASE IS PROVIDED FOR PROTECTING THE ROLLED SLEEPING BAG. THUS, IT IS CLEAR UPON THIS RECORD THAT THE ARTICLE SHIPPED ON THIS BILL OF LADING WAS NOT A SLEEPING BAG.

ACCORDINGLY, OUR SETTLEMENT CERTIFICATE DOES NOT APPEAR TO HAVE BEEN INCORRECT, AND THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.