B-137283, SEP 17, 1958

B-137283: Sep 17, 1958

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

PRECIS-UNAVAILABLE NORFOLK SOUTHERN RAILWAY COMPANY: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 2. IT IS YOUR CONTENTION THAT THE PROPERLY ASSESSABLE FREIGHT CHARGES SHOULD BE BASED UPON THE DESCRIPTION OF CARRIERS. IT MAY BE NOTED THAT WE HAVE PREVIOUSLY CONSIDERED SIMILAR SITUATIONS. OUR RECORDS SHOW THAT THE MATTER OF THE PROPER FREIGHT CLASSIFICATION BASIS TO BE APPLIED TO METAL "CONEX" CONTAINERS OF THE KIND TRANSPORTED BY YOU UNDER THE BILLS OF LADING ABOVE CITED WAS THOROUGHLY CONSIDERED BY US IN OUR DECISIONS B- 127917. A COPY OF EACH OF WHICH IS ENCLOSED FOR YOUR INFORMATION. SUFFICE IT TO SAY THAT OUR OFFICIAL POSITION IN THE MATTER OF THE CLASSIFICATION RATING PROPERLY APPLICABLE TO SHIPMENTS OF THE ARTICLE CONCERNED IS CLEARLY SET FORTH IN THE ENCLOSED DECISIONS.

B-137283, SEP 17, 1958

PRECIS-UNAVAILABLE

NORFOLK SOUTHERN RAILWAY COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 2, 1958, FILE 2097 215, WHEREIN YOU PROTEST THE FREIGHT CLASSIFICATION APPLIED BY OUR TRANSPORTATION DIVISION IN CONNECTION WITH THE TRANSPORTATION OF 21 CARLOADS OF SO-CALLED "CONEX" CONTAINERS FROM THE BROOKLYN ARMY TERMINAL TO FORT BRAGG, NORTH CAROLINA, UNDER GOVERNMENT BILLS OF LADING NOS. WY- 5386951 THROUGH WY-5386968, DATED DECEMBER 17, 1956, AND WY-5386978 THROUGH WY-5386980, DATED DECEMBER 18, 1956.

IT IS YOUR CONTENTION THAT THE PROPERLY ASSESSABLE FREIGHT CHARGES SHOULD BE BASED UPON THE DESCRIPTION OF CARRIERS, SHIPPING, VANS, LIFT OR OTHER THAN LIFT, AS SET FORTH UNDER ITEM 9585, UNIFORM FREIGHT CLASSIFICATION NO. 3, PROVIDING FOR A CLASS 85 RATING AND MINIMUM WEIGHT OF 10,000 POUNDS. FURTHER, YOU ALLEGE THAT YOUR BILLING RESULTED FROM WAYBILL CORRECTIONS ISSUED BY THE EASTERN WEIGHING AND INSPECTION BUREAU WHICH ALLEGEDLY CHANGED THE COMODITY DESCRIPTION TO THAT COVERED BY ITEM 9585.

YOU INDICATE THAT IN OUR AUDIT OF YOUR INVOICES WE APPLIED THE CLASS 55 RATING AND RATE APPLICABLE TO CONTAINERS, SHEET IRON OR STEEL BOXES, N.O.I.B.N., CAPACITY EXCEEDING 15 GALLONS, BASED UPON ITEMS 13785 AND 13815 OF UNIFORM FREIGHT CLASSIFICATION NO. 3, SUBJECT TO A MINIMUM WEIGHT OF 14,000 POUNDS, AND THAT WE MADE DEMAND UPON YOU FOR REFUND OF $991.03, REPRESENTING THE DETERMINED AMOUNT OF THE OVERCHARGE MADE BY YOU ON THESE 21 CARLOAD SHIPMENTS.

WHILE THE INSTANT MATTER HAS NOT BEEN PROCESSED TO FINAL ACTION BY OUR TRANSPORTATION DIVISION SO AS TO JUSTIFY OUR DECISION AS TO THE PROPRIETY OF THE ACTION TAKEN ON THE SPECIFIC TRANSACTIONS INVOLVED, IT MAY BE NOTED THAT WE HAVE PREVIOUSLY CONSIDERED SIMILAR SITUATIONS. OUR RECORDS SHOW THAT THE MATTER OF THE PROPER FREIGHT CLASSIFICATION BASIS TO BE APPLIED TO METAL "CONEX" CONTAINERS OF THE KIND TRANSPORTED BY YOU UNDER THE BILLS OF LADING ABOVE CITED WAS THOROUGHLY CONSIDERED BY US IN OUR DECISIONS B- 127917, SEPTEMBER 14, 1956 (36 COMP. GEN. 213), AND B-134690, JULY 3, 1958, A COPY OF EACH OF WHICH IS ENCLOSED FOR YOUR INFORMATION. INASMUCH AS EACH OF THESE DECISIONS CONTAINS A DETAILED STATEMENT OF THE BASIS FOR OUR ACTION IN THIS AND SIMILAR CASES, NO USEFUL PURPOSE WOULD BE SERVED BY RESTATING IT HERE. SUFFICE IT TO SAY THAT OUR OFFICIAL POSITION IN THE MATTER OF THE CLASSIFICATION RATING PROPERLY APPLICABLE TO SHIPMENTS OF THE ARTICLE CONCERNED IS CLEARLY SET FORTH IN THE ENCLOSED DECISIONS, AND THE CONTENTIONS RAISED IN YOUR LETTER OF SEPTEMBER 2, 1958, DO NOT APPEAR TO ADD ANYTHING MATERIAL TO THAT CONSIDERED HERETOFORE.

ACCORDINGLY, IT IS REQUESTED THAT YOUR REMITTANCE FOR THE OVERPAYMENTS MADE TO YOU ON THE ABOVE SHIPMENTS BE FORWARDED TO OUR TRANSPORTATION DIVISION WITHOUT FURTHER DELAY, TO AVOID ADJUSTMENT BY SETOFF.