B-134951, APR. 18, 1958

B-134951: Apr 18, 1958

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TO UNION PACIFIC RAILROAD COMPANY: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 16. WHICH SUBSEQUENTLY WERE RESHIPPED TO SAN FRANCISCO. YOU WERE ADMINISTRATIVELY ALLOWED CHARGES OF $793.78 PER CAR. YOU THEN RECLAIMED THE DIFFERENCE BETWEEN THE AMOUNT PAID BY THE ADMINISTRATIVE OFFICE AND CHARGES WHICH WERE COMPUTED ON THE BASIS OF THE PASSENGER VEHICLE RATE. ALL OF THE INBOUND BILLS OF LADING COVERING THESE SHIPMENTS SHOW THAT THEY WERE RECORDED FOR TRANSIT. WERE MADE ON TRANSIT BILLS OF LADING. WHERE TRANSIT IS PROPERLY AVAILABLE. THE NOTE MENTIONED IS AS FOLLOWS: "INBOUND CARRIERS TO TRANSIT POINTS SHOULD RENDER SUPPLEMENTAL BILLS FOR ADDITIONAL CHARGES DUE TO INCREASES IN DUNNAGE WEIGHTS.

B-134951, APR. 18, 1958

TO UNION PACIFIC RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 16, 1958, FILE GO 259833, RELATIVE TO THE DISALLOWANCE OF YOUR SUPPLEMENTAL BILL ON WHICH YOU CLAIMED ADDITIONAL CHARGES OF $1,706.64 FOR TRANSPORTING CERTAIN SHIPMENTS OF 1/4 TEN 4 BY 4 VEHICLES FROM TOLEDO, OHIO, TO WEST YERMO, CALIFORNIA, IN SEPTEMBER 1952, FOR STORAGE IN TRANSIT, WHICH SUBSEQUENTLY WERE RESHIPPED TO SAN FRANCISCO, CALIFORNIA, ON DECEMBER 3, 1952.

THE RECORD SHOWS THAT, ORIGINALLY, YOU CLAIMED CHARGES FOR THE TRANSPORTATION OF THESE SHIPMENTS INTO THE TRANSIT STATION AS FOR PASSENGER VEHICLES. YOU WERE ADMINISTRATIVELY ALLOWED CHARGES OF $793.78 PER CAR, COMPUTED ON THE FREIGHT VEHICLE RATE, PLUS A RECONSIGNMENT CHARGE OF $4.62 PER CAR. YOU THEN RECLAIMED THE DIFFERENCE BETWEEN THE AMOUNT PAID BY THE ADMINISTRATIVE OFFICE AND CHARGES WHICH WERE COMPUTED ON THE BASIS OF THE PASSENGER VEHICLE RATE, OR $284.44 PER CAR. ALL OF THE INBOUND BILLS OF LADING COVERING THESE SHIPMENTS SHOW THAT THEY WERE RECORDED FOR TRANSIT.

THE SHIPMENTS FROM THE TRANSIT POINT TO SAN FRANCISCO, CALIFORNIA, WERE MADE ON TRANSIT BILLS OF LADING, AND EACH SUCH BILL OF LADING MADE REFERENCE TO THE INBOUND MOVEMENT. IN THESE CIRCUMSTANCES, WHERE TRANSIT IS PROPERLY AVAILABLE, ASSOCIATION OF AMERICAN RAILROADS CIRCULAR, FILE 215-17, DATED DECEMBER 1, 1949, REQUIRES THAT SETTLEMENT OF THE THROUGH CHARGES--- ORIGIN TO FINAL DESTINATION--- BE MADE WITH THE DESTINATION CARRIER. FURTHER, THIS CIRCULAR PROVIDES IN PARAGRAPH 20 THAT "INBOUND CARRIERS SHOULD NO LONGER MAKE SUPPLEMENTAL BILLS * * * FOR ADDITIONAL CHARGES EXCEPT AS PROVIDED IN NOTE UNDER PARAGRAPH 21 HEREOF.' THE NOTE MENTIONED IS AS FOLLOWS:

"INBOUND CARRIERS TO TRANSIT POINTS SHOULD RENDER SUPPLEMENTAL BILLS FOR ADDITIONAL CHARGES DUE TO INCREASES IN DUNNAGE WEIGHTS, WEIGHT ADDED TO MAKE MINIMUM, AND CHANGES IN WEIGHTS ON THE INBOUND SHIPMENTS NOT INVOLVED IN THROUGH TRANSIT SETTLEMENTS * * *.'

U.P. BILL NO. O-259833--- BILL OF LADING WY-2108651

S.P. BILL NO. D-39163--- BILL OF LADING M-T-04249

THIS SHIPMENT IS ADMINISTRATIVELY REPORTED TO HAVE BEEN EXPORTED TO A FOREIGN DESTINATION, THUS BRINGING IT WITHIN THE PROVISIONS OF THE TRANSIT QUOTATION. THE CHARGES ON THIS SHIPMENT, ON BASIS OF THE THROUGH RATE ON PASSENGER VEHICLES--- ORIGIN TO FINAL DESTINATION--- PLUS TRANSIT AND RECONSIGNING, WERE CERTIFIED (T-668745) FOR ALLOWANCE TO THE SOUTHERN PACIFIC COMPANY ON AUGUST 1, 1956. YOUR CHARGES APPEAR TO BE FOR ADJUSTMENT WITH THE DESTINATION CARRIER, THE SOUTHERN PACIFIC COMPANY.

U.P. BILL NO. O-259833--- BILL OF LADING WY-208652

S.P. BILL NO. F-38403, DECEMBER 1952--- BILL OF LADING WY-04247

THE SITUATION WITH RESPECT TO THIS SHIPMENT IS THE SAME AS THAT DESCRIBED ABOVE. ACCORDINGLY, SETTLEMENT OF THE CHARGES ON THIS ITEM WILL BE MADE ON SOUTHERN PACIFIC COMPANY SUPPLEMENTAL BILL D-38403, ON THE BASIS OF THE THROUGH RATES, PLUS TRANSIT AND RECONSIGNING CHARGES, AND YOUR EARNINGS SHOULD BE ADJUSTED BY THE SOUTHERN PACIFIC COMPANY.

U.P. BILL NO. O-259833--- BILL OF LADING WY-208645

S.P. BILL NO. F-45308, JUNE 1953--- BILL OF LADING M-T-04352

THE RECORD WITH RESPECT TO THIS SHIPMENT DOES NOT SHOW CONCLUSIVELY, THAT IT WAS EXPORTED. THE FULL AMOUNT CLAIMED ON SOUTHERN PACIFIC COMPANY BILL NO. D-45308, JUNE 1952, WAS INADVERTENTLY CERTIFIED (T 663684) FOR ALLOWANCE, AND THE RECORD INDICATES IT WAS PAID BY CHECK 4642, JULY 9, 1956. THIS SETTLEMENT WILL BE ALLOWED TO STAND PENDING COMPLETION OF THE INVESTIGATION AS TO THE EXPORTATION OF THE SHIPMENT. IN THE EVENT THE SHIPMENT IS FOUND TO HAVE BEEN EXPORTED, THE PROPER ADJUSTMENT WILL BE MADE WITH THE SOUTHERN PACIFIC COMPANY AND ANY NECESSARY ADJUSTMENT IN YOUR CHARGES SHOULD BE EFFECTED THROUGH THAT CARRIER. SHOULD THERE HAVE BEEN A FAILURE TO EXPORT THE SHIPMENT, ANY NECESSARY ADJUSTMENT WILL BE EFFECTED DIRECTLY WITH YOU, SO FAR AS THE INBOUND CHARGES ARE CONCERNED.

TABLE

U.P. BILL NO. O-259883

BILL OF LADING WY-208637

BILL OF LADING WY-208638

BILL OF LADING WY-208647

THE FIRST TWO SHIPMENTS LISTED WERE FORWARDED FROM THE TRANSIT STATION ON TRANSIT BILL OF LADING NO. M-T-04259 AND, SINCE THE RECORD FAILS TO SHOW EXPORTATION OF THESE SHIPMENTS, THE TRANSIT PRIVILEGE AND THE THROUGH RATE APPEAR TO BE INAPPLICABLE. THEREFORE, SUCH ADJUSTMENT AS MAY BE REQUIRED IN YOUR CHARGES ON THE INBOUND MOVEMENT WILL BE MADE IN DUE COURSE.

THE THIRD SHIPMENT (BILL OF LADING WY-208647) WAS FORWARDED FROM THE TRANSIT STATION ON TRANSIT BILL OF LADING NO. M-T-04253. THIS SHIPMENT IS UNDER INVESTIGATION. IF IT IS FOUND THAT THE SHIPMENT WAS EXPORTED AND THE THROUGH RATE IS APPLICABLE, ANY REQUIRED ADJUSTMENT WILL BE MADE WITH THE DESTINATION CARRIER, THE SOUTHERN PACIFIC COMPANY. IF IT IS FOUND THAT THE SHIPMENT WAS NOT EXPORTED, ANY NECESSARY ADJUSTMENT OF THE INBOUND CHARGES WILL BE EFFECTED DIRECTLY WITH YOU.