B-147990, AUG. 16, 1962

B-147990: Aug 16, 1962

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THE EIGHT CLAIMS DISALLOWED ARE AS FOLLOWS: CHART YOUR BILL NO. TK- AMOUNT 5781 732532$ 61.52 5789 732533 136.80 5855 732534 41.28 5875732535 43.20 5889 732536 21.48 5962 732537 20.64 6020 732538 94.32 5963 732539 14.16 THE SHIPMENTS IN QUESTION WERE SUBJECT TO CHARGES COMPUTED ON THE BASIS OF THE RATES AND RULES PUBLISHED IN PACIFIC COAST TARIFF BUREAU U.S. THE ARGUMENTS PRESENTED IN YOUR LETTERS IN SUPPORT OF THE ASSESSMENT OF THE 12 PERCENT SURCHARGE ON THESE SHIPMENTS ARE THE SAME AS THOSE WHICH WERE PRESENTED TO US BY DELTA LINES. WE HELD THAT THE SURCHARGE WAS INAPPLICABLE TO SHIPMENTS WHICH ARE SUBJECT TO THE CLASS RATES NAMED IN SECTIONS 2 OR 2-A OF THE QUOTATION AND TO THE BASIS OF MINIMUM CHARGES PROVIDED FOR IN ITEM 135.

B-147990, AUG. 16, 1962

TO CONSTRUCTORS TRANSPORT CO.:

WE REFER AGAIN TO YOUR LETTER OF FEBRUARY 23, 1962 (WITH ENCLOSURES), AND TO EARLIER LETTERS, IN WHICH YOU REQUEST REVIEW OF OUR TRANSPORTATION DIVISION'S ACTION IN STATING AND COLLECTING OVERCHARGES CONSISTING OF CERTAIN SURCHARGES ORIGINALLY PAID TO YOU ON EIGHT OF YOUR FREIGHT BILLS. LATER, SETTLEMENT CERTIFICATES DISALLOWED YOUR CLAIMS FOR REFUND OF THE COLLECTIONS. THE FREIGHT BILLS COVERED SHIPMENTS MOVING BETWEEN POINTS IN CALIFORNIA IN 1959.

THE EIGHT CLAIMS DISALLOWED ARE AS FOLLOWS:

CHART

YOUR BILL NO. OUR CLAIM NO. TK- AMOUNT

5781 732532$ 61.52

5789 732533 136.80

5855 732534 41.28

5875732535 43.20

5889 732536 21.48

5962 732537 20.64

6020 732538 94.32

5963 732539 14.16

THE SHIPMENTS IN QUESTION WERE SUBJECT TO CHARGES COMPUTED ON THE BASIS OF THE RATES AND RULES PUBLISHED IN PACIFIC COAST TARIFF BUREAU U.S. GOVERNMENT RATE QUOTATION NO. 2, AGENT C. R. NICKERSON'S I.C.C. NO. 1. EACH INSTANCE YOU COLLECTED CHARGES ON THE BASIS OF THE MINIMUM CHARGE AS PROVIDED IN ITEM 135 OF THE QUOTATION, PLUS A SURCHARGE OF 12 PERCENT NAMED IN THE EFFECTIVE SUPPLEMENTS.

THE ARGUMENTS PRESENTED IN YOUR LETTERS IN SUPPORT OF THE ASSESSMENT OF THE 12 PERCENT SURCHARGE ON THESE SHIPMENTS ARE THE SAME AS THOSE WHICH WERE PRESENTED TO US BY DELTA LINES, NC., EMERYVILLE, CALIFORNIA, IN CONNECTION WITH SIMILAR SHIPMENTS MOVING BETWEEN POINTS IN CALIFORNIA DURING 1958, 1959, AND 1960. IN OUR DECISION OF AUGUST 10, 1962, B-145929 (COPY ENCLOSED), TO DELTA LINES, WE HELD THAT THE SURCHARGE WAS INAPPLICABLE TO SHIPMENTS WHICH ARE SUBJECT TO THE CLASS RATES NAMED IN SECTIONS 2 OR 2-A OF THE QUOTATION AND TO THE BASIS OF MINIMUM CHARGES PROVIDED FOR IN ITEM 135.

THE EIGHT SETTLEMENTS NOW UNDER REVIEW, WHICH COVER SHIPMENTS SIMILAR TO THOSE INVOLVED IN OUR DECISION TO DELTA LINES, ARE CONSISTENT WITH THE HOLDING IN THAT DECISION, AND, ACCORDINGLY, ARE SUSTAINED.