B-145112, JUN. 22, 1961

B-145112: Jun 22, 1961

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INC: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 15. WHERE IT WAS STORED-IN-TRANSIT FEBRUARY 9. YOU ORIGINALLY CLAIMED AND WERE PAID. YOU CLAIMED AND WERE PAID. CLAIMING THAT THE CORRECT DRAYAGE CHARGE SHOULD HAVE BEEN $35.26 COMPUTED AT A RATE OF $4.10 PER 100 POUNDS ON THE ACTUAL WEIGHT OF 860 POUNDS. HENCE IS NOT CONTROLLING AS TO YOUR RIGHTS. THE REFERENCE TO SUPPLEMENT NO. 7 IN THE DISALLOWANCE WAS IMPROPER. 999 POUNDS IS PUBLISHED IN SECTION III OF THE ORIGINAL MILITARY RATE TENDER I.C.C.NO. 4. SECTION III OF TENDER I.C.C.NO. 4 PROVIDES PICK-UP OR DELIVERY TRANSPORTATION RATES TO APPLY ON STORAGES-IN-TRANSIT SHIPMENTS AND IS "SUBJECT TO APPLICABLE RULES.'. MF-I.C.C.NO. 29 IS SUCH A TARIFF AND PROVIDES IN RULE 12 FOR ALTERNATE CHARGES.

B-145112, JUN. 22, 1961

TO VON DER AHE VAN LINES, INC:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 15, 1961, IN WHICH YOU ASK FOR A REVIEW OF OUR SETTLEMENT CERTIFICATE OF FEBRUARY 6, 1961, WHICH DISALLOWED YOUR CLAIM FOR $7.76 ADDITIONAL FREIGHT CHARGES ON A SHIPMENT OF HOUSEHOLD GOODS TRANSPORTED UNDER GOVERNMENT BILL OF LADING WY-7850948, DATED DECEMBER 12, 1958. THE SHIPMENT ORIGINATED AT AUGSBURG, GERMANY, AND MOVED TO JERSEY CITY, NEW JERSEY, WHERE IT WAS STORED-IN-TRANSIT FEBRUARY 9, 1959, WITH SUBSEQUENT DELIVERY BEING MADE ON APRIL 28, 1959, AT FORT CAMPBELL, KENTUCKY.

YOU ORIGINALLY CLAIMED AND WERE PAID, BY VOUCHER 482741 IN THE MAY 1959 ACCOUNTS OF G. M. SECKINGER, THE AMOUNT OF $281.50 TO COVER THIS TRANSPORTATION. THEREAFTER, YOU CLAIMED AND WERE PAID, BY VOUCHER 527329 IN THE APRIL 1960 ACCOUNTS OF G. M. SECKINGER, ADDITIONAL CHARGES OF $51.51. THIS AMOUNT INCLUDED A CHARGE OF $27.50 FOR DRAYAGE COMPUTED AT A RATE OF $2.75 PER 100 POUNDS ON 860 POUNDS SUBJECT TO A MINIMUM WEIGHT OF 1,000 POUNDS. YOU LATER PRESENTED SUPPLEMENTAL BILL NO. VDA 32942A IN THE AMOUNT OF $7.76, CLAIMING THAT THE CORRECT DRAYAGE CHARGE SHOULD HAVE BEEN $35.26 COMPUTED AT A RATE OF $4.10 PER 100 POUNDS ON THE ACTUAL WEIGHT OF 860 POUNDS. OUR OFFICE DISALLOWED YOUR BILL IN OUR SETTLEMENT CERTIFICATE OF FEBRUARY 6, 1961, CITING SECTION III OF SUPPLEMENT NO. 7 OF MOVERS' AND WAREHOUSEMEN'S ASSOCIATION OF AMERICA, INC., MILITARY RATE TENDER I.C.C.NO. 4 AS AUTHORITY FOR THE DISALLOWANCE.

IN YOUR REQUEST FOR REVIEW YOU INDICATE THAT SUPPLEMENT NO. 7 BECAME EFFECTIVE JULY 12, 1959, SUBSEQUENT TO COMPLETION OF THE SHIPPING SERVICES, AND HENCE IS NOT CONTROLLING AS TO YOUR RIGHTS. THE REFERENCE TO SUPPLEMENT NO. 7 IN THE DISALLOWANCE WAS IMPROPER; HOWEVER, THE SAME DRAYAGE CHARGE OF $2.75 PER 100 POUNDS APPLICABLE ON WEIGHTS OF 1,000 POUNDS TO 1,999 POUNDS IS PUBLISHED IN SECTION III OF THE ORIGINAL MILITARY RATE TENDER I.C.C.NO. 4, WHICH BECAME EFFECTIVE FEBRUARY 14, 1958, AND CONTINUED IN EFFECT DURING THE TIME SHIPMENT MOVED.

SECTION III OF TENDER I.C.C.NO. 4 PROVIDES PICK-UP OR DELIVERY TRANSPORTATION RATES TO APPLY ON STORAGES-IN-TRANSIT SHIPMENTS AND IS "SUBJECT TO APPLICABLE RULES.' THE TITLE PAGE OF TENDER I.C.C.NO. 4 BEARS THE FOLLOWING NOTATION: "FOR RULES AND REGULATIONS GOVERNING APPLICATION OF THIS TENDER OF RATES AND CHARGES AND APPLICABLE MILEAGES REFER TO CARRIERS' PUBLISHED TARIFFS ON FILE WITH THE INTERSTATE COMMERCE COMMISSION AND SECTION V HEREIN.' MOVERS' AND WAREHOUSEMEN'S ASSOCIATION OF AMERICA TARIFF NO. 14, MF-I.C.C.NO. 29 IS SUCH A TARIFF AND PROVIDES IN RULE 12 FOR ALTERNATE CHARGES, THE PERTINENT PART OF WHICH READS AS FOLLOWS:

"THE TOTAL TRANSPORTATION CHARGE ON ANY SHIPMENT SHALL NOT EXCEED THE CHARGE COMPUTED BY USE OF THE LOWEST WEIGHT AND APPLICABLE RATE IN THE NEXT HIGHEST WEIGHT BRACKET FOR THE SAME DISTANCE.'

ACCORDINGLY, AND WHILE THE REFERENCE TO SUPPLEMENT NO. 7 OF TENDER I.C.C.NO. 4 WAS IMPROPER, THE SETTLEMENT APPEARS CORRECT AND IS SUSTAINED.