B-144845, JUL. 26, 1961

B-144845: Jul 26, 1961

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INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 13. THE AMOUNT DISALLOWED IS ALLEGED TO BE DUE FOR THE TRANSPORTATION OF TWO CANS OF INTERNAL COMBUSTION ENGINES. FOR THE SERVICES PERFORMED YOU CLAIMED AND WERE PAID $335.90 COMPUTED ON THE BASIS OF THE FIRST CLASS RATE OF $7.28 PER 100 POUNDS ON THE ACTUAL WEIGHT OF 4. WAS COMPUTED TO BE $252.30. THE SUM OF $83.60 WAS REFUNDED. AN ALLOWANCE OF $48.99 WAS MADE ON YOUR SUPPLEMENTAL BILL NO. 6465-A FOR $83.60. WERE THOSE COMPUTED ON THE BASIS OF THE SECOND-CLASS RATE OF $6.53 PER 100 POUNDS ON THE ACTUAL WEIGHT OF 4. 61247 AND 61249 SERIES IN THE CURRENT CLASSIFICATION WILL NOT APPLY IN CONNECTION WITH THE RATINGS SHOWN IN THE ITEM.

B-144845, JUL. 26, 1961

TO TEXAS-ARIZONA MOTOR FREIGHT, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 13, 1961, WITH ENCLOSURES, FILE TA CLAIM OC 6208, REQUESTING REVIEW OF THAT PORTION OF OUR SETTLEMENT WHICH DISALLOWED $34.61 OF YOUR CLAIM FOR $83.60ADDITIONAL FREIGHT CHARGES IN CONNECTION WITH BILL OF LADING NO. AF-6996284, INCLUDED IN YOUR SUPPLEMENTAL BILL NO. 6465-A. THE AMOUNT DISALLOWED IS ALLEGED TO BE DUE FOR THE TRANSPORTATION OF TWO CANS OF INTERNAL COMBUSTION ENGINES, NOI (RADIAL CYLINDER TYPE FOR AIRCRAFT), WEIGHING 4,614 POUNDS, FROM SAN ANTONIO, TEXAS, TO HAMILTON AIR FORCE BASE, CALIFORNIA.

THE BILL OF LADING BEARS THE NOTATION "RELEASED AT THE MAXIMUM VALUE APPLICABLE TO THE LOWEST PUBLISHED RATE.' FOR THE SERVICES PERFORMED YOU CLAIMED AND WERE PAID $335.90 COMPUTED ON THE BASIS OF THE FIRST CLASS RATE OF $7.28 PER 100 POUNDS ON THE ACTUAL WEIGHT OF 4,614 POUNDS. IN THE AUDIT OF THIS PAYMENT THE PROPER CHARGE, BASED ON AN AGGREGATE OF INTERMEDIATE RATES OVER OAKLAND, CALIFORNIA, WAS COMPUTED TO BE $252.30, AND THE SUM OF $83.60 WAS REFUNDED. BY OUR SETTLEMENT CERTIFICATE, AN ALLOWANCE OF $48.99 WAS MADE ON YOUR SUPPLEMENTAL BILL NO. 6465-A FOR $83.60, THE AMOUNT REFUNDED, ON THE BASIS THAT THE PROPER CHARGES FOR ENGINES, INTERNAL COMBUSTION, NOI, RELEASED TO A VALUE NOT EXCEEDING $2.50 PER POUND, WERE THOSE COMPUTED ON THE BASIS OF THE SECOND-CLASS RATE OF $6.53 PER 100 POUNDS ON THE ACTUAL WEIGHT OF 4,614 POUNDS AS PROVIDED IN ITEM 61244 OF NATIONAL MOTOR FREIGHT CLASSIFICATION NO. 13, MF-I.C.C. NO. 7 AND SECTION 10 OF ROCKY MOUNTAIN MOTOR TARIFF BUREAU INC., AGENT, TRANSCONTINENTAL CLASS TARIFF NO. 21, MF-I.C.C. NO. 86.

YOU NOW URGE THAT ITEM 370 OF ROCKY MOUNTAIN MOTOR TARIFF BUREAU, INC., AGENT, TRANSCONTINENTAL CLASS TARIFF NO. 21 PROVIDES THAT THE RELEASED VALUATION PROVISIONS SHOWN IN ITEMS 61244, 61245, 61246, 61247 AND 61249 SERIES IN THE CURRENT CLASSIFICATION WILL NOT APPLY IN CONNECTION WITH THE RATINGS SHOWN IN THE ITEM.

OUR VIEWS WITH REGARD TO THE APPLICABILITY OF ITEM 61244 OF THE CLASSIFICATION TO SHIPMENTS OF THIS NATURE ARE SET FORTH IN OUR DECISION B -144848 TO YOU DATED JULY 19, 1961, IN WHICH WE CONCLUDED THAT ITEM 61244 WAS PROPERLY FOR APPLICATION. A COPY OF THAT DECISION IS ENCLOSED FOR YOUR READY REFERENCE. OUR SETTLEMENT IN CONNECTION WITH THE SHIPMENT HERE IN QUESTION IS CONSISTENT WITH THE CONCLUSION REACHED IN SUCH DECISION AND, ACCORDINGLY, IS SUSTAINED.

WE KNOW OF NO AGREEMENT BY THE GENERAL ACCOUNTING OFFICE THAT THE LANGUAGE USED IN NOTE 2, ITEM 370 OF ROCKY MOUNTAIN MOTOR TARIFF BUREAU, INC., AGENT, TRANSCONTINENTAL CLASS TARIFF NO. 21 PRIOR TO ITS AMENDMENT ON NOVEMBER 14, 1959, HAD THE EFFECT OF SUPERSEDING ITEM 61244 OF THAT TARIFF NAMING RELEASED VALUATION RATINGS.