B-141356, JUN. 13, 1960

B-141356: Jun 13, 1960

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TO THE UNION PACIFIC RAILROAD COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 27. 790 POUNDS OF BUTTER WERE TRANSPORTED FROM DECATUR. 890 POUNDS WERE TRANSPORTED FROM JACKSONVILLE. FOR THIS SERVICE YOU ORIGINALLY CLAIMED AND WERE PAID TOTAL FREIGHT CHARGES OF $748.38. THIS AMOUNT WAS MADE UP OF $116.72 PAID INBOUND ON BILL NO. ALL OF THESE CHARGES WERE COMPUTED ON THE BASIS OF COMMERCIAL RATES. ON AUDIT OF THE OUTBOUND CHARGES IN OUR OFFICE WE DETERMINED THAT THE TOTAL ASSESSABLE CHARGES WERE $390.13. RESULTING IN AN OVERPAYMENT OF $358.25 WHICH WAS SUBSEQUENTLY RECOVERED BY DEDUCTION FROM THE AMOUNT OTHERWISE PAYABLE ON A SUBSEQUENT BILL. REFERENCE WAS INITIALLY MADE TO THE T-1 TRANSIT TARIFF SERIES.

B-141356, JUN. 13, 1960

TO THE UNION PACIFIC RAILROAD COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 27, 1959, FILE GIO- 10765, IN WHICH YOU REQUEST REVIEW OF THE DISALLOWANCE OF YOUR CLAIM, PER SUPPLEMENTAL BILL NO. IO-10765-A, FOR ADDITIONAL FREIGHT CHARGES OF $358.25 ALLEGED TO BE DUE FOR TRANSPORTING 36,680 POUNDS OF BUTTER OUTBOUND FROM A COMMERCIAL TRANSIT STATION AT KANSAS CITY, KANSAS, TO PORTLAND, OREGON, UNDER GOVERNMENT BILL OF LADING NO. A 2907207, DATED DECEMBER 16, 1942.

PREVIOUSLY 27,790 POUNDS OF BUTTER WERE TRANSPORTED FROM DECATUR, ILLINOIS, TO KANSAS CITY, KANSAS, UNDER GOVERNMENT BILL OF LADING NO. A 2997956, DATED NOVEMBER 3, 1942, AND 8,890 POUNDS WERE TRANSPORTED FROM JACKSONVILLE, ILLINOIS, TO KANSAS CITY, KANSAS, UNDER GOVERNMENT BILL OF LADING NO. A-3027165, DATED OCTOBER 29, 1942. BILLS OF LADING NOS. A- 2997956 AND A-302765 BOTH BORE THE NOTATION "FOR EXPORT--- STORAGE IN TRANSIT.'

FOR THIS SERVICE YOU ORIGINALLY CLAIMED AND WERE PAID TOTAL FREIGHT CHARGES OF $748.38. THIS AMOUNT WAS MADE UP OF $116.72 PAID INBOUND ON BILL NO. GA-16091 FOR BILL OF LADING NO. A-2997956; $33.78 PAID INBOUND ON BILL NO. GA-16092 FOR BILL OF LADING NO. A-3029165; AND $597.88 PAID OUTBOUND ON BILL NO. IO-10765 FOR BILL OF LADING NO. A 2907207. ALL OF THESE CHARGES WERE COMPUTED ON THE BASIS OF COMMERCIAL RATES.

ON AUDIT OF THE OUTBOUND CHARGES IN OUR OFFICE WE DETERMINED THAT THE TOTAL ASSESSABLE CHARGES WERE $390.13, COMPUTED ON THE BASIS OF AN AGGREGATE OF INTERMEDIATE RATES CONSTRUCTED OVER THE TRANSIT POINT AND REDUCED BY DEDUCTIONS FOR LAND GRANT, RESULTING IN AN OVERPAYMENT OF $358.25 WHICH WAS SUBSEQUENTLY RECOVERED BY DEDUCTION FROM THE AMOUNT OTHERWISE PAYABLE ON A SUBSEQUENT BILL. AS AUTHORITY FOR COMMERCIAL TRANSIT, REFERENCE WAS INITIALLY MADE TO THE T-1 TRANSIT TARIFF SERIES. BY SUPPLEMENTAL BILL NO. IO-10765-A, DATED FEBRUARY 14, 1958, YOU CLAIMED REFUND OF THE AMOUNT DEDUCTED ALLEGING THAT THE TRANSIT RULES WERE NOT COMPLIED WITH IN THAT INBOUND REFERENCE WAS NOT SHOWN ON THE WAYBILL AND ALSO THAT TRANSIT TARIFF T-1-A WAS NOT APPLICABLE, REFERRING TO THE REPORT OF THE INTERSTATE COMMERCE COMMISSION IN UNITED STATES V. WESTERN PACIFIC R.R. CO., 303 I.C.C. 571. YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT CERTIFICATE OF JULY 13, 1959, IN WHICH THE COMPUTATION OF CHARGES WAS RECAPITULATED, BUT ITEM 600 OF WESTERN TRUNK LINE TARIFF NO. 213-N, ICC NO. A-3431, WAS CITED AS THE TRANSIT AUTHORITY, RATHER THAN TARIFF T-1-A, AND WE STATED ALSO THAT-

"THE U.S. DEPARTMENT OF AGRICULTURE HAS ADVISED THAT PROPERTY PROCURED UNDER REQUISITION R-4119 HAS BEEN ADMINISTRATIVELY DETERMINED TO BE 100 PERCENT MILITARY.

"SECTION 2-C READS: "USE, ARMY, NAVY AND AIR FORCE--- USSR.'"

IN YOUR REQUEST FOR REVIEW YOU AGAIN URGE THAT YOU ARE ENTITLED TO ADDITIONAL CHARGES OF $328.66, ALLEGING THAT LAND GRANT IS NOT APPLICABLE BECAUSE NO EVIDENCE HAS BEEN FURNISHED TO SUPPORT OUR CONTENTION THAT THE SHIPMENT WAS 100 PERCENT MILITARY. TO THE CONTRARY, YOU WERE REFERRED TO REQUISITION R-4119, PURSUANT TO WHICH THIS SHIPMENT MOVED, WHICH SHOWED THAT THE PROPERTY WAS REQUIRED FOR USE BY THE "ARMY, NAVY AND AIR FORCE--- USSR," AND YOU WERE INFORMED THAT THE DEPARTMENT OF AGRICULTURE HAD INFORMED OUR OFFICE THAT PROPERTY COVERED BY REQUISITION R-4119 HAD BEEN ADMINISTRATIVELY DETERMINED TO BE 100 PERCENT MILITARY PROPERTY MOVING FOR MILITARY USE. FOR A SOMEWHAT SIMILAR CASE, SEE OUR LETTER TO YOU DATED JULY 8, 1959, B-139728, PERTAINING TO A SHIPMENT OF DRY EDIBLE BEANS COVERED BY BILL OF LADING A-3364852, NOVEMBER 8, 1943, HANDLED UNDER YOUR FILE GTA-50234.

IN ADDITION, YOU ALLEGE THAT YOU ARE ENTITLED TO ADDITIONAL CHARGES OF $29.59 FOR THE REASON THAT "* * * AS RECORDS INDICATE THAT TRANSIT TONNAGE WAS NOT SURRENDERED, THE LAND-GRANT FORMULA USED IS NOT APPLICABLE.' YOUR OBJECTION IS NOT ENTIRELY CLEAR. HOWEVER, THERE IS NO EVIDENCE OF RECORD IN OUR OFFICE TO INDICATE THAT THE GOVERNMENT FAILED IN ANY RESPECT TO COMPLY WITH THE TARIFF REQUIREMENTS. GOVERNMENT BILLS OF LADING NOS. A- 2997956 AND A-3027165, COVERING THE SHIPMENTS OF BUTTER INBOUND TO THE TRANSIT STATION, ARE ANNOTATED FOR STORAGE IN TRANSIT, AND GOVERNMENT BILL OF LADING NO. A-2907207, COVERING THE OUTBOUND SHIPMENT, IS ANNOTATED WITH REFERENCE TO THE INBOUND BILLS OF LADING SHOWING THE ORIGINS, RATES, DATES AND WEIGHTS APPLIED. FURTHERMORE, THE INFORMATION THUS MADE AVAILABLE APPEARS ADEQUATE TO HAVE ENABLED THE CARRIER TO PREPARE ITS WAYBILL CORRECTLY.

SINCE NO EVIDENCE HAS BEEN PRESENTED TO SUPPORT YOUR CONTENTION EITHER THAT THE COMMODITY SHIPPED WAS NOT MILITARY OR THAT THE SHIPMENT WAS NOT ENTITLED TO THE TRANSIT PRIVILEGE, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.