B-147960, JUN. 25, 1962

B-147960: Jun 25, 1962

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TO THE SOUTHERN PACIFIC COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 8. FOR THIS TRANSPORTATION YOU ORIGINALLY CLAIMED AND WERE PAID $1. OR 3 OF THAT TARIFF IS LOWER THAN THE CHARGE ACCRUING UNDER SECTION 6 ON THE SAME SHIPMENT VIA THE SAME ROUTE. WHICHEVER IS LOWEST. WILL APPLY. YOU STATE THAT PICKETS ARE A MANUFACTURED IRON OR STEEL PRODUCT AND ARE NOT SPECIFICALLY INCLUDED AMONG THE ARTICLES LISTED IN ITEM 3730 OF TARIFF NO. 1-X. YOUR POSITION SEEMS TO BE THAT OUR OFFICE IS ATTEMPTING TO APPLY THE RULE OF ANALOGY WHICH IS NOT AUTHORIZED UNDER THE TERMS OF THE TARIFF ON ARTICLES SUBJECT TO COMMODITY RATES. THE DISALLOWANCE OF YOUR CLAIM WAS NOT PREDICATED ON THE APPLICATION OF THE RULE OF ANALOGY.

B-147960, JUN. 25, 1962

TO THE SOUTHERN PACIFIC COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 8, 1962, FILE YG 85-665219-19, REQUESTING REVIEW OF OUR SETTLEMENT CERTIFICATE DATED AUGUST 13, 1958 (TK-148843), DISALLOWING YOUR CLAIM FOR $952.07 AS ADDITIONAL FREIGHT CHARGES ON A SHIPMENT OF "PICKETS, AIRPLANE LANDING MAT" MOVING FROM WAUKEGAN, ILLINOIS, TO PORT HUENEME, CALIFORNIA, UNDER BILL OF LADING WQ-19510109 IN DECEMBER 1943.

FOR THIS TRANSPORTATION YOU ORIGINALLY CLAIMED AND WERE PAID $1,589.25 ON YOUR BILL F-389384, APPARENTLY COMPUTED ON THE BASIS OF A RATE OF $2.75 PER 100 POUNDS (LESS LAND-GRANT DEDUCTIONS) NAMED IN ITEM 9500 OF SECTION 6 OF TRANS-CONTINENTAL FREIGHT BUREAU WESTBOUND TARIFF NO. 1-X, I.C.C.NO. 1498, FOR APPLICATION TO "FREIGHT, ALL KINDS.' IN OUR AUDIT OF THE PAID VOUCHER WE DETERMINED THAT THE CORRECT CHARGES SHOULD BE $637.18, COMPUTED ON THE BASIS OF THE GENERAL COMMODITY RATE OF $1.10 PER 100 POUNDS (LESS LAND-GRANT DEDUCTIONS) NAMED IN ITEM 3730 OF SECTION 1 OF TARIFF NO. 1-X, FOR APPLICATION TO STRUCTURAL IRON OR STEEL ARTICLES, FABRICATED OR UNFABRICATED, INCLUDING "ANGLES, EXCLUSIVE OF ANGLES IN BAR SHAPE NOT LARGER THAN 3 INCHES BY 3 INCHES BY 3/16 INCH.' SECTION 6 OF TARIFF NO. 1 -X PROVIDES THAT IF THE CHARGE ACCRUING UNDER SECTION 1, 2, OR 3 OF THAT TARIFF IS LOWER THAN THE CHARGE ACCRUING UNDER SECTION 6 ON THE SAME SHIPMENT VIA THE SAME ROUTE, THE CHARGE ACCRUING UNDER SECTION 1, 2, OR 3, WHICHEVER IS LOWEST, WILL APPLY. YOUR FAILURE TO REFUND THE OVERPAYMENT OF $952.07 DETERMINED IN ACCORDANCE WITH THE FOREGOING RESULTED IN THE SETOFF OF AN EQUIVALENT AMOUNT IN THE PAYMENT OF YOUR BILL NO. F-665219, PAID ON VOUCHER NO. 131368 IN THE DECEMBER 1947 ACCOUNTS OF DISBURSING OFFICER R. L. BRIGHTWELL.

IN YOUR LETTER OF JANUARY 8, 1962, YOU STATE THAT PICKETS ARE A MANUFACTURED IRON OR STEEL PRODUCT AND ARE NOT SPECIFICALLY INCLUDED AMONG THE ARTICLES LISTED IN ITEM 3730 OF TARIFF NO. 1-X. YOUR POSITION SEEMS TO BE THAT OUR OFFICE IS ATTEMPTING TO APPLY THE RULE OF ANALOGY WHICH IS NOT AUTHORIZED UNDER THE TERMS OF THE TARIFF ON ARTICLES SUBJECT TO COMMODITY RATES. THE DISALLOWANCE OF YOUR CLAIM WAS NOT PREDICATED ON THE APPLICATION OF THE RULE OF ANALOGY. IT WAS BASED ON ADDITIONAL INFORMATION RECEIVED FROM THE ARMY TO THE EFFECT THAT SHIPMENTS SUCH AS THE ONE HERE UNDER CONSIDERATION CONSISTED OF 1 3/4 INCHES BY 1 3/4 INCHES BY 1/4 INCH ANGLES, TWO AND THREE FEET LONG, WITH 1/4 INCH TOP PLATES WELDED TO ONE END OF THE ANGLES.

WAR DEPARTMENT TECHNICAL MANUAL TM 5-255, DATED APRIL 1944, ENTITLED: "AVIATION ENGINEERS" SHOWS THAT THE ARTICLE CALLED A LANDING MAT PICKET IS SIMPLY A BAR OF ANGLE IRON WITH A SMALL PLATE ON ONE END TO FACILITATE DRIVING THE BAR INTO THE GROUND. IT WAS USED TO ANCHOR OR HOLD THE SOMMERFELD GRID LANDING MAT IN PLACE AFTER IT WAS STRETCHED INTO POSITION ON AN AIRFIELD. IN SHORT, THE ARTICLE IS NOTHING MORE THAN AN ANGLE BAR USED AS A STAKE, OR ANCHOR. INASMUCH AS THE COMMODITY RATE OF $1.10 PER 100 POUNDS NAMED IN THE SAID ITEM SPECIFICALLY APPLIES TO THE ANGLE BARS INCLUDED IN THE SHIPMENT IN QUESTION, IN STRAIGHT OR MIXED CARLOADS, THE CHARGES BASED THEREON APPEAR PROPER.

SINCE OUR SETTLEMENT OF AUGUST 13, 1958, PROPERLY WAS BASED ON THE $1.10 RATE, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.