B-145723, FEB. 19, 1962

B-145723: Feb 19, 1962

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TO HERRIN TRANSPORTATION COMPANY: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 24. FOR THIS SERVICE YOU BILLED AND WERE PAID CHARGES IN THE AMOUNT OF $105.34. YOU SUPPORT YOUR CLAIM WITH WHAT IS APPARENTLY A COPY OF YOUR FREIGHT BILL. THIS CLAIM WAS DISALLOWED AND YOU NOW REITERATE YOUR CONTENTION THAT THE SHIPMENT SHOULD BE DESCRIBED AS AIRPLANE PARTS. THIS COMMODITY IS RATED AT THE LTL CLASS 150 RATING PROVIDED IN ITEM 2756 OF NMFC NO. THIS ITEM IS LISTED UNDER THE GENERIC HEADING "AIRCRAFT OR PARTS NAMED" AND READS AS FOLLOWS: "DOORS. SINCE THE CHARGES AS PAID WERE DERIVED FROM USE OF THE CLASS 150 RATING. THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED. IN THIS CONNECTION IT MAY BE POINTED OUT THAT WHERE THERE IS A CONFLICT BETWEEN THE FACTS AS REPORTED BY THE ADMINISTRATIVE OFFICE AND BY A CLAIMANT.

B-145723, FEB. 19, 1962

TO HERRIN TRANSPORTATION COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 24, 1961, REQUESTING REVIEW OF THE DISALLOWANCE OF YOUR CLAIM (OUR TK-708592) FOR $33.60 ON BILL NO. 18877 BD-1 FOR ADDITIONAL FREIGHT CHARGES ON A SHIPMENT OF GOVERNMENT PROPERTY TRANSPORTED FROM WARNER ROBINS AIR FORCE BASE, GEORGIA, TO CHENNAULT AIR FORCE BASE, LAKE CHARLES, LOUISANA, UNDER GOVERNMENT BILL OF LADING AF-1093621, DATED JUNE 28, 1960. THE BILL OF LADING DESCRIBES THE SHIPMENT AS "AIRPLANE PARTS NOT O/T CLOTH AND WOOD OR METAL COMBINED.'

FOR THIS SERVICE YOU BILLED AND WERE PAID CHARGES IN THE AMOUNT OF $105.34, THE SHIPMENT BEING APPARENTLY RATED AT THE LESS THAN TRUCKLOAD CLASS 150 RATING UNDER ITEM 2700 OF NATIONAL MOTOR FREIGHT CLASSIFICATION NO. A-4, MF-I.C.C.NO. 1 WHICH COVERS ARTICLES DESCRIBED AS "AIRCRAFT PARTS, NOI, OTHER THAN CLOTH AND METAL OR WOOD COMBINED.' YOU PRESENTED SUPPLEMENTAL BILL NO. 18877 BD-1 FOR $33.60. ADDITIONAL FREIGHT CHARGES BASED UPON A PURPORTED CHANGE IN THE BILL OF LADING DESCRIPTION. YOU SUPPORT YOUR CLAIM WITH WHAT IS APPARENTLY A COPY OF YOUR FREIGHT BILL. THIS CLAIM WAS DISALLOWED AND YOU NOW REITERATE YOUR CONTENTION THAT THE SHIPMENT SHOULD BE DESCRIBED AS AIRPLANE PARTS, NOI, CLOTH AND WOOD OR METAL COMBINED PROPERLY RATABLE AT LTL CLASS 200 RATING UNDER ITEM 2690 OF NMFC NO. A-4, MF-I.C.C.NO. 1.

A FURTHER ADMINISTRATIVE REPORT INDICATES THE SHIPMENT CONSISTED OF AIRPLANE DOORS. THIS COMMODITY IS RATED AT THE LTL CLASS 150 RATING PROVIDED IN ITEM 2756 OF NMFC NO. A-4, MF-I.C.C.NO. 1. THIS ITEM IS LISTED UNDER THE GENERIC HEADING "AIRCRAFT OR PARTS NAMED" AND READS AS FOLLOWS:

"DOORS, ENTRANCE OR EXIT, PERSONNEL, PASSENGER OR CARGO, INCLUDING BOMB BAY AND LANDING GEAR DOOR, IN BOXES OR CRATES"

THUS, THE ORIGINAL BILL OF LADING DESCRIPTION AND THE MORE SPECIFIC DESCRIPTION SUPPLIED BY THE ADMINISTRATIVE OFFICE CALL FOR A CLASS 150 RATING.

ACCORDINGLY, AND SINCE THE CHARGES AS PAID WERE DERIVED FROM USE OF THE CLASS 150 RATING, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.

IN THIS CONNECTION IT MAY BE POINTED OUT THAT WHERE THERE IS A CONFLICT BETWEEN THE FACTS AS REPORTED BY THE ADMINISTRATIVE OFFICE AND BY A CLAIMANT, IT HAS LONG BEEN THE PRACTICE OF THE ACCOUNTING OFFICERS OF THE GOVERNMENT TO ACCEPT THE ADMINISTRATIVE REPORT AS TRUE IN THE ABSENCE OF CONCLUSIVE EVIDENCE TO THE CONTRARY. 16 COMP. GEN. 1105, 1106; 16 ID. 325, 329; 14 ID. 927, 929; AND 11 ID. 473, 476.