B-145768, OCT. 30, 1961

B-145768: Oct 30, 1961

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LTD.: REFERENCE IS MADE TO YOUR LETTER OF APRIL 26. WHEN THE SHIPMENT WAS TENDERED TO THE ORIGIN CARRIER IT WAS ROUTED VIA ALAMO MOTOR LINES. - AND THIS ROUTING IS INDICATED IN THE ROUTING BLOCK OF THE BILL OF LADING. FOR THIS SERVICE YOU BILLED AND WERE PAID $2. IN OUR AUDIT OF THE PAYMENT VOUCHER IT WAS DETERMINED THAT A COMBINATION FOURTH- CLASS RATE CONSTRUCTED VIA THE ROUTING SHOWN ON THE BILL OF LADING WAS APPLICABLE AND RESULTED IN LOWER CHARGES. THE APPLICATION OF THIS BASIS RESULTED IN AN OVERCHARGE OF $691.94 WHICH AMOUNT WAS COLLECTED BY DEDUCTION FROM AN AMOUNT OTHERWISE DUE YOU. IN YOUR REQUEST FOR REVIEW YOU POINT OUT THAT SINCE PACIFIC INTERMOUNTAIN EXPRESS IS SHOWN IN THE BILL OF LADING ROUTING.

B-145768, OCT. 30, 1961

TO WESTERN TRUCK LINES, LTD.:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 26, 1961, ACKNOWLEDGED MAY 9, 1961, IN WHICH YOU REQUEST REVIEW OF SETTLEMENT CERTIFICATE OF FEBRUARY 27, 1961, WHICH DISALLOWED YOUR CLAIM FOR $691.74 ON BILL NO. G-01482, FOR ADDITIONAL FREIGHT CHARGES ON A SHIPMENT OF AIRCRAFT INTERNAL COMBUSTION ENGINES, WHICH MOVED FROM SAN ANTONIO, TEXAS, TO GEORGE AIR FORCE BASE, VICTORVILLE, CALIFORNIA, UNDER GOVERNMENT BILL OF LADING AF-4375460, DATED APRIL 26, 1955.

WHEN THE SHIPMENT WAS TENDERED TO THE ORIGIN CARRIER IT WAS ROUTED VIA ALAMO MOTOR LINES--- WESTERN TRUCK LINES, LTD.--- PACIFIC INTERMOUNTAIN EXPRESS--- AND THIS ROUTING IS INDICATED IN THE ROUTING BLOCK OF THE BILL OF LADING. HOWEVER, THE SHIPMENT ACTUALLY MOVED VIA ALAMO MOTOR LINES AND YOUR COMPANY WHICH DELIVERED THE SHIPMENT AT DESTINATION. FOR THIS SERVICE YOU BILLED AND WERE PAID $2,818.84, COMPUTED ON A THROUGH FOURTH- CLASS EXCEPTIONS UNRELEASED RATE OF $4.74 PER 100 POUNDS TO VICTORVILLE, CALIFORNIA, PUBLISHED IN ROCKY MOUNTAIN MOTOR TARIFF BUREAU TRANSCONTINENTAL CLASS TARIFF NO. 5-A, MF-I.C.C. NO. 31, PLUS AN ARBITRARY OF ?15 PER 100 POUNDS TO THE GEORGE AIR FORCE BASE PUBLISHED IN RMMTB TRANSCONTINENTAL ARBITRARY TARIFF NO. 27 B, MF-I.C.C. NO. 73. IN OUR AUDIT OF THE PAYMENT VOUCHER IT WAS DETERMINED THAT A COMBINATION FOURTH- CLASS RATE CONSTRUCTED VIA THE ROUTING SHOWN ON THE BILL OF LADING WAS APPLICABLE AND RESULTED IN LOWER CHARGES. THE APPLICATION OF THIS BASIS RESULTED IN AN OVERCHARGE OF $691.94 WHICH AMOUNT WAS COLLECTED BY DEDUCTION FROM AN AMOUNT OTHERWISE DUE YOU. YOU PRESENTED SUPPLEMENTAL BILL NO. G 01482, RECLAIMING THE AMOUNT OF OVERCHARGE DEDUCTED AND OUR OFFICE DISALLOWED YOUR BILL IN OUR SETTLEMENT CERTIFICATE OF FEBRUARY 27, 1961.

IN YOUR REQUEST FOR REVIEW YOU POINT OUT THAT SINCE PACIFIC INTERMOUNTAIN EXPRESS IS SHOWN IN THE BILL OF LADING ROUTING, THE THROUGH RATES IN TRANSCONTINENTAL TARIFFS ARE NOT APPLICABLE TO THIS SHIPMENT. YOU INDICATE ALSO THAT THROUGH RATES WERE PUBLISHED TO GEORGE AIR FORCE BASE ONLY BY THE USE OF THE BASE RATE TO VICTORVILLE, CALIFORNIA, PLUS AN ARBITRARY CHARGE BEYOND.

UPON RECONSIDERATION AND IN VIEW OF YOUR INFORMATION RELATIVE TO RATES TO AND FROM THE GEORGE AIR FORCE BASE, WE AGREE THAT THE APPLICABLE CHARGES SHOULD BE COMPUTED ON A THROUGH RATE TO VICTORVILLE PLUS THE ARBITRARY BEYOND. HOWEVER, THE SUBJECT SHIPMENT WAS TENDERED AT THE RESTRICTED OR LIMITED VALUATION SPECIFIED IN THE TARIFF OR CLASSIFICATION AT OR UNDER WHICH THE LOWEST RATE IS AVAILABLE PURSUANT TO CONDITION 5 ON THE REVERSE SIDE OF THE GOVERNMENT BILL OF LADING. ITEM 61244 OF NATIONAL MOTOR FREIGHT CLASSIFICATION NO. 12, MF-I.C.C. NO. 4 SPECIFIES A CLASS 45 RATING FOR INTERNAL COMBUSTION ENGINES HAVING A RELEASED VALUE OF NOT EXCEEDING $2.50 PER POUND. CONSEQUENTLY, THE 4TH CLASS UNRELEASED EXCEPTIONS RATING USED IN YOUR SUPPLEMENTAL BILL IS NOT FOR APPLICATION AND WE ARE AUTHORIZING OUR TRANSPORTATION DIVISION TO RECOMPUTE THE CHARGES FOR THE INVOLVED SHIPMENT ON THE BASIS OF THE THROUGH CLASS 45 RELEASED RATING TO VICTORVILLE, CALIFORNIA, PLUS THE APPLICABLE ARBITRARY TO GEORGE AIR FORCE BASE. YOU WILL RECEIVE NOTICE OF SETTLEMENT MAKING AN APPROPRIATE ALLOWANCE IN DUE COURSE.