B-143905, MAR. 7, 1961

B-143905: Mar 7, 1961

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TO SACRAMENTO NORTHERN RAILWAY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 29. OUR REVIEW CONFIRMS YOUR CONTENTION THAT THE TRANSIT PRIVILEGE IS NOT AVAILABLE AS TO THE SHIPMENT. WE HAVE INSTRUCTED OUR TRANSPORTATION DIVISION TO RECOMPUTE THE CHARGES ON THE BASIS OF LOCAL RATES FROM WARNER. THE PROPER LOCAL RATE FOR APPLICATION IS A CLASS 55 RATE OF $2.72 PER 100 POUNDS BASED ON THE UNIFORM FREIGHT CLASSIFICATION 4.

B-143905, MAR. 7, 1961

TO SACRAMENTO NORTHERN RAILWAY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 29, 1960, FILE G 12-SS -13169-A, IN WHICH YOU REQUEST A REVIEW OF OUR SETTLEMENT CERTIFICATE DATED AUGUST 17, 1960, DISALLOWING YOUR CLAIM FOR $788.28 ADDITIONAL FREIGHT CHARGES SUBMITTED UNDER SUPPLEMENTAL BILL NO. SS 13169-A, OUR CLAIM NO. TK-692130.

THE SHIPMENT, WEIGHING 52,304 POUNDS, CONSISTED OF "ROCKET MOTORS CLASS A" WHICH MOVED FROM WARNER, UTAH, TO CLYDE, CALIFORNIA, UNDER GOVERNMENT TRANSIT BILL OF LADING WZ-T-263374 DATED NOVEMBER 17, 1958.

IN YOUR REQUEST FOR REVIEW YOU URGE THAT SECTION 22 QUOTATION EC-WTA NO. 82, AMENDMENT 22, ITEM 16 (G), WHICH ALLOWS FOUR TRANSIT APPLICATIONS OR TONNAGE CREDITS IN EXCESS OF THE FIRST APPLICATION ON ALL TONNAGE IN STORAGE ON DECEMBER 16, 1957, WHICH MOVED FROM POINT OF ORIGIN ON OR AFTER AUGUST 19, 1956, HAS NO APPLICATION TO THIS OUTBOUND SHIPMENT. OUR REVIEW CONFIRMS YOUR CONTENTION THAT THE TRANSIT PRIVILEGE IS NOT AVAILABLE AS TO THE SHIPMENT. ACCORDINGLY, WE HAVE INSTRUCTED OUR TRANSPORTATION DIVISION TO RECOMPUTE THE CHARGES ON THE BASIS OF LOCAL RATES FROM WARNER, UTAH. HOWEVER, WE FIND THAT, RATHER THAN THE RATE BILLED, $3.92 PER 100 POUNDS, THE PROPER LOCAL RATE FOR APPLICATION IS A CLASS 55 RATE OF $2.72 PER 100 POUNDS BASED ON THE UNIFORM FREIGHT CLASSIFICATION 4, SUPPLEMENT 18, ITEM 35715 AND THE PACIFIC SOUTH COAST FREIGHT BUREAU FREIGHT TARIFF 1016, I.C.C. 1590.