B-141207, FEB. 10, 1960

B-141207: Feb 10, 1960

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INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 3. THE CLAIM WAS FOR ADDITIONAL FREIGHT CHARGES ALLEGEDLY DUE FOR THE TRANSPORTATION OF AN INTERNAL COMBUSTION ENGINE. THE ENGINE WAS RELEASED AT THE MAXIMUM VALUE APPLICABLE TO THE LOWEST PUBLISHED RATE OR CLASSIFICATION RATING AND YOU INITIALLY BILLED AND WERE PAID AT THE RELEASED RATING PROVIDED IN NATIONAL MOTOR FREIGHT CLASSIFICATION NO. IT IS YOUR CONTENTION THAT THE EXCEPTION RATING WAS APPLICABLE ON THE SUBJECT TRAFFIC NOTWITHSTANDING THE ENGINE WAS TENDERED AT A RELEASED VALUATION. YOU CONTEND ALSO THAT THE RELEASED VALUE RATING IN THE NATIONAL MOTOR FREIGHT CLASSIFICATION WAS INAPPLICABLE. THIS SAME QUESTION WAS FULLY CONSIDERED IN OUR LETTER TO YOU OF JANUARY 7.

B-141207, FEB. 10, 1960

TO RED BALL MOTOR FREIGHT, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 3, 1959, CONCERNING THE DISALLOWANCE OF YOUR CLAIM FOR $28.55, YOUR BILL 24927, SUPPLEMENTAL, OUR CLAIM NO. TK-675564. THE CLAIM WAS FOR ADDITIONAL FREIGHT CHARGES ALLEGEDLY DUE FOR THE TRANSPORTATION OF AN INTERNAL COMBUSTION ENGINE, NOI, JET PROPELLED, WEIGHING 3,966 POUNDS, FROM GREENVILLE, SOUTH CAROLINA, TO DALLAS, TEXAS, UNDER GOVERNMENT BILL OF LADING AF-8945548, IN SEPTEMBER 1958.

THE ENGINE WAS RELEASED AT THE MAXIMUM VALUE APPLICABLE TO THE LOWEST PUBLISHED RATE OR CLASSIFICATION RATING AND YOU INITIALLY BILLED AND WERE PAID AT THE RELEASED RATING PROVIDED IN NATIONAL MOTOR FREIGHT CLASSIFICATION NO. A-4. THEREAFTER, YOU SUBMITTED YOUR SUPPLEMENTAL BILL FOR $28.55 ADDITIONAL, BASED ON AN EXCEPTION RATING PROVIDED IN ITEM 61243 OF SOUTHERN MOTOR CARRIERS RATE CONFERENCE TARIFF NO. 515-C, MF-I.C.C. NO. 960. IT IS YOUR CONTENTION THAT THE EXCEPTION RATING WAS APPLICABLE ON THE SUBJECT TRAFFIC NOTWITHSTANDING THE ENGINE WAS TENDERED AT A RELEASED VALUATION. YOU CONTEND ALSO THAT THE RELEASED VALUE RATING IN THE NATIONAL MOTOR FREIGHT CLASSIFICATION WAS INAPPLICABLE.

THIS SAME QUESTION WAS FULLY CONSIDERED IN OUR LETTER TO YOU OF JANUARY 7, 1960, B-140079 (COPY ENCLOSED FOR YOUR CONVENIENCE), CONCERNING YOUR BILL NO. 25520. WHAT WAS SAID THEREIN SEEMS EQUALLY APPLICABLE TO THE PRESENT SITUATION. ACCORDINGLY, FOR THE REASONS STATED IN THE CITED LETTER, OUR SETTLEMENT DISALLOWING YOUR CLAIM WAS CONSISTENT WITH THE PRECEDENTS IN THIS MATTER ..END :