B-134312, JUL. 25, 1958

B-134312: Jul 25, 1958

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TO CENTRAL OF GEORGIA RAILWAY COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTERS OF OCTOBER 30 AND 31. THE MATERIAL SHIPPED FROM JACKSON WAS PROCURED UNDER UNITED KINGDOM REQUISITION UK-12570 AND THAT SHIPPED FROM MEXICO WAS PROCURED UNDER UNITED KINGDOM REQUISITION NO. YOUR CLAIMS ARE BASED ON THE PREMISE THAT THE SHIPMENT UNDER REQUISITION NO. 12570 MOVED FOR 27 PERCENT CIVIL AND 73 PERCENT MILITARY USE AND THAT THE SHIPMENT UNDER REQUISITION NO. UK-19369 IS NOT DEFINITELY JUSTIFIED AND CHARGES BASED ON THE APPLICATION OF COMMERCIAL TARIFF RATES WITHOUT LAND-GRANT DEDUCTIONS WILL BE ALLOWED. UK- 12570 FOR RAILWAY CONSTRUCTION AND MAINTENANCE (11 PERCENT) AND FOR ESSENTIAL HOME INDUSTRY (16 PERCENT) WAS NOT.

B-134312, JUL. 25, 1958

TO CENTRAL OF GEORGIA RAILWAY COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTERS OF OCTOBER 30 AND 31, 1957, FILE NOS. N-27808-G-A AND N-27795-G-A, REQUESTING REVIEW OF THE SETTLEMENT ACTION TAKEN ON YOUR SUPPLEMENTAL BILL NOS. 27808-A AND 27795-A, RESPECTIVELY, FOR ADDITIONAL FREIGHT CHARGES FOR TRANSPORTING TO SAVANNAH, GEORGIA, RED OAK LUMBER FROM JACKSON, MISSISSIPPI, AND FIRE CLAY FROM MEXICO, MISSOURI. THE MATERIAL SHIPPED FROM JACKSON WAS PROCURED UNDER UNITED KINGDOM REQUISITION UK-12570 AND THAT SHIPPED FROM MEXICO WAS PROCURED UNDER UNITED KINGDOM REQUISITION NO. UK-19369. YOUR CLAIMS ARE BASED ON THE PREMISE THAT THE SHIPMENT UNDER REQUISITION NO. 12570 MOVED FOR 27 PERCENT CIVIL AND 73 PERCENT MILITARY USE AND THAT THE SHIPMENT UNDER REQUISITION NO. UK-19369 MOVED ENTIRELY FOR CIVIL AND NOT FOR MILITARY USE.

UPON FURTHER EXAMINATION IT HAS BEEN DETERMINED THAT A MILITARY CHARACTERIZATION OF THE SHIPMENT MOVING UNDER REQUISITION NO. UK-19369 IS NOT DEFINITELY JUSTIFIED AND CHARGES BASED ON THE APPLICATION OF COMMERCIAL TARIFF RATES WITHOUT LAND-GRANT DEDUCTIONS WILL BE ALLOWED. AGREE THAT THE PORTION OF THE LUMBER PROCURED UNDER REQUISITION NO. UK- 12570 FOR RAILWAY CONSTRUCTION AND MAINTENANCE (11 PERCENT) AND FOR ESSENTIAL HOME INDUSTRY (16 PERCENT) WAS NOT, FOR LAND-GRANT PURPOSES, ENTITLED TO A MILITARY CHARACTERIZATION AND THAT 27 PERCENT OF THE LUMBER IN THE SUBJECT SHIPMENT SHOULD, THEREFORE, BE CONSIDERED AS MOVING FOR CIVIL USE. SETTLEMENT OF YOUR CLAIMS WILL BE MADE ACCORDINGLY.