B-143579, JAN. 3, 1961
Highlights
INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 19. WHEREAS THE SHIPMENT COVERED BY YOUR SUPPLEMENTAL BILL WAS FROM NEW YORK TO BREMERHAVEN. YOUR CLAIM FOR THE WATER TRANSPORTATION CHARGES IS BASED ON THE ASSERTION THAT THE SHIPMENT IN QUESTION WAS CARRIED ON A COMMERCIAL VESSEL. THAT PORTION OF THE QUOTATION REGARDING THE ORIGIN AND DESTINATION PORTS OF THE SHIPMENT WAS INADVERTENTLY MADE SINCE OUR RECORDS SHOW THAT THE OCEAN MOVEMENT OF THIS SHIPMENT WAS. SUCH INFORMATION IS CONTAINED IN A REPORT FROM THE COMMANDING OFFICER. WHICH STATES THAT THE CARGO WAS RECEIVED ON AN ARMY OCEAN MANIFEST FROM A MILITARY SEA TRANSPORTATION SERVICE SPACE CHARTER VESSEL. COPIES OF THAT REPORT AND OF OUR LETTERS ASKING FOR THE PERTINENT INFORMATION ARE ENCLOSED.
B-143579, JAN. 3, 1961
TO THE NORTH AMERICAN VAN LINES, INC.:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 19, 1960, WHEREIN YOU REQUESTED REVIEW OF OUR SETTLEMENT CERTIFICATE (TK-675648) DATED JULY 6, 1960, WHICH DISALLOWED YOUR CLAIM, ON BILL NO. C-4813, FOR $235.60. THE AMOUNT CLAIMED REPRESENTS ADDITIONAL CHARGES ALLEGEDLY DUE FOR THE OCEAN MOVEMENT OF W-2 JAMES K. DEEMER'S HOUSEHOLD GOODS TRANSPORTED FROM WEST PALM BEACH, FLORIDA, TO WIESBADEN, GERMANY, UNDER GOVERNMENT BILL OF LADING NO. AF 8758157, DATED OCTOBER 2, 1958.
YOU NOTE THAT THE DISALLOWANCE IN OUR SETTLEMENT REFERRED TO A SHIPMENT THAT MOVED FROM BREMERHAVEN, GERMANY, TO THE BROOKLYN ARMY TERMINAL, WHEREAS THE SHIPMENT COVERED BY YOUR SUPPLEMENTAL BILL WAS FROM NEW YORK TO BREMERHAVEN. YOUR CLAIM FOR THE WATER TRANSPORTATION CHARGES IS BASED ON THE ASSERTION THAT THE SHIPMENT IN QUESTION WAS CARRIED ON A COMMERCIAL VESSEL, THE S.S. HOOSIER STATE.
OUR SETTLEMENT CERTIFICATE STATED, IN PERTINENT PART, AS FOLLOWS:
"INFORMATION RECEIVED IN THIS OFFICE CONFIRMS THAT A MSTS SPACE CHARTER VESSEL, THE S.S. AMERICAN REPORTER, CARRIED THIS SHIPMENT VIA WATER FROM BREMERHAVEN PORT OF EMBARKATION TO BROOKLYN ARMY TERMINAL.'
THAT PORTION OF THE QUOTATION REGARDING THE ORIGIN AND DESTINATION PORTS OF THE SHIPMENT WAS INADVERTENTLY MADE SINCE OUR RECORDS SHOW THAT THE OCEAN MOVEMENT OF THIS SHIPMENT WAS, IN FACT, FROM THE BROOKLYN PORT OF EMBARKATION TO BREMERHAVEN, GERMANY. SUCH INFORMATION IS CONTAINED IN A REPORT FROM THE COMMANDING OFFICER, PORT OF EMBARKATION,BREMERHAVEN, GERMANY, WHICH STATES THAT THE CARGO WAS RECEIVED ON AN ARMY OCEAN MANIFEST FROM A MILITARY SEA TRANSPORTATION SERVICE SPACE CHARTER VESSEL, THE S.S. AMERICAN REPORTER. COPIES OF THAT REPORT AND OF OUR LETTERS ASKING FOR THE PERTINENT INFORMATION ARE ENCLOSED. IN THE ABSENCE, AS HERE, OF ANY COMPETENT EVIDENCE CONTRADICTING THAT REPORT WE ARE OBLIGED TO GIVE IT DUE EFFECT AS BEING CORRECT. THE DISALLOWANCE OF YOUR CLAIM WAS THEREFORE PROPER AND IS SUSTAINED.