B-135402, MAR. 18, 1958

B-135402: Mar 18, 1958

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TO WABASH RAILROAD COMPANY: WE HAVE YOUR LETTER OF FEBRUARY 28. WITH REFERENCE TO AT LEAST A GOVERNMENT BILL OF LADING NUMBER AND NORFOLK AND WESTERN RAILWAY BILL NUMBER ON WHICH THE TRANSPORTATION CHARGES WERE PAID BY THE GOVERNMENT. WE ARE UNABLE TO PROVIDE ANY CONCLUSIVE STATEMENT ON THE ADJUSTMENT OF THE MATTER YOU IDENTIFY IN GENERAL TERMS. UNDER THE CIRCUMSTANCES WE WOULD NOT HAVE OCCASION TO ADVISE YOU AS TO THE EXACT PROCEDURE TO BE FOLLOWED.

B-135402, MAR. 18, 1958

TO WABASH RAILROAD COMPANY:

WE HAVE YOUR LETTER OF FEBRUARY 28, 1958, FILE E-663 GA, IN WHICH YOU ASK OUR OPINION AS TO THE PROPER PROCEDURE FOR YOU TO FOLLOW IN COLLECTION OF UNPAID SURCHARGES ON SHIPMENTS OF NITROGUANIDINE PIERITE WHICH MOVED FROM CANADA TO THE UNITED STATES UNDER GOVERNMENT BILLS OF LADING DURING 1956 AND 1957.

IN THE ABSENCE OF SPECIFIC DETAILS AS TO SOME PARTICULAR SHIPMENT, WITH REFERENCE TO AT LEAST A GOVERNMENT BILL OF LADING NUMBER AND NORFOLK AND WESTERN RAILWAY BILL NUMBER ON WHICH THE TRANSPORTATION CHARGES WERE PAID BY THE GOVERNMENT, WE ARE UNABLE TO PROVIDE ANY CONCLUSIVE STATEMENT ON THE ADJUSTMENT OF THE MATTER YOU IDENTIFY IN GENERAL TERMS. UNDER THE CIRCUMSTANCES WE WOULD NOT HAVE OCCASION TO ADVISE YOU AS TO THE EXACT PROCEDURE TO BE FOLLOWED, SINCE YOU DO NOT RELATE YOUR REQUEST TO ANY SPECIFIC CLAIM ON WHICH OUR OFFICE HAS TAKEN ACTION. IT MAY BE NOTED, HOWEVER, THAT CONDITION 2 ON THE BACK OF THE GOVERNMENT BILL OF LADING, BEING A PART OF THE CONTRACT ENTERED INTO BY THE INTERESTED CARRIERS, REQUIRES THE DELIVERING CARRIER AT DESTINATION (WHICH IN THIS CASE YOU IDENTIFY AS THE NORFOLK AND WESTERN RAILWAY) TO BILL AND COLLECT THE CHARGES FOR THE TRANSPORTATION COVERED THEREBY. THUS, THE USUAL PROCEDURE, CONSISTENT WITH CONDITION 2 OF THE BILL OF LADING CONTRACT, WOULD BE FOR THE DESTINATION CARRIER TO BILL FOR ANY ADDITIONAL AMOUNT BELIEVED TO BE DUE FOR THE TRANSPORTATION INVOLVED.