B-148181, SEP. 4, 1962

B-148181: Sep 4, 1962

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TO UNION PACIFIC RAILROAD COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 8. FOR THE MOVEMENT OUTBOUND FROM THE TRANSIT POINT YOU WERE PAID TOTAL CHARGES OF $1. A PORT CHARGE OF $0.06 PER 100 POUNDS WAS BILLED ON THE TRANSIT TONNAGE. YOUR SUPPLEMENTAL BILL FOR $239.25 IS BASED ON A MINIMUM WEIGHT OF 22. TO THE RESULTING FIGURE ARE ADDED THE CHARGES ON THE NON-TRANSIT TONNAGE OF 200 POUNDS AT THE COMMODITY RATE OF $5.26 PER 100 POUNDS NAMED IN ITEM NO. 11800 OF TARIFF NO. 1 H. THE CLASS 60 RATING AND MINIMUM WEIGHT EMPLOYED ARE AUTHORIZED BY ITEM NO. 38315 OF UNIFORM FREIGHT CLASSIFICATION NO. 4. THE DISALLOWANCE OF YOUR SUPPLEMENTAL BILL WAS PREMISED ON THE FACT THAT TARIFF NO. 1-H NAMED LOWER COMMODITY RATES ON THE COMMODITY ACCORDED TRANSIT PRIVILEGES.

B-148181, SEP. 4, 1962

TO UNION PACIFIC RAILROAD COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 8, 1962, YOUR FILE GW-287026, IN WHICH YOU REQUEST A REVIEW OF THE SETTLEMENT DISALLOWING YOUR SUPPLEMENTAL BILL W-287026-A FOR $239.25 AS ADDITIONAL FREIGHT CHARGES DUE FOR THE TRANSPORTATION OF A SHIPMENT CONSISTING OF A FIRE FIGHTING APPARATUS, NOIBN, SELF-PROPELLED, LOOSE, FROM MCNAIR, NORTH CAROLINA, TO SEATTLE, WASHINGTON, WITH TRANSIT PRIVILEGES ACCORDED AT PRAIRIE, MISSISSIPPI.

FOR THE MOVEMENT OUTBOUND FROM THE TRANSIT POINT YOU WERE PAID TOTAL CHARGES OF $1,040.52, BASED ON A MINIMUM WEIGHT OF 24,000 POUNDS FOR THE TRANSIT TONNAGE AND 200 POUNDS OF NON-TRANSIT TONNAGE AND THE COMMODITY RATE OF $5.26 PER 100 POUNDS NAMED IN ITEM NO. 11800 OF SECTION 2 OF TRANS -CONTINENTAL FREIGHT BUREAU FREIGHT TARIFF NO. 1-H, I.C.C.NO. 1611, PLUS A TRANSIT CHARGE OF $0.18 PER 100 POUNDS AUTHORIZED IN NOTE B OF ITEM NO. 3 OF AMENDMENT NO. 14 TO SOUTHERN FREIGHT ASSOCIATION (SFA) SECTION 22 QUOTATION ADVICE NO. A-610-B (EC WTA SECTION 22 QUOTATION NO. 38-B), INCREASED IN ACCORDANCE WITH TARIFF OF INCREASED RATES AND CHARGES NO. X- 206-A, AGENT H. R. HINSCH'S I.C.C.NO. 4793. IN ADDITION, A PORT CHARGE OF $0.06 PER 100 POUNDS WAS BILLED ON THE TRANSIT TONNAGE.

YOUR SUPPLEMENTAL BILL FOR $239.25 IS BASED ON A MINIMUM WEIGHT OF 22,500 POUNDS AND THE THROUGH CLASS 60 RATE OF $6.69 PER 100 POUNDS NAMED IN TRANS-CONTINENTAL FREIGHT BUREAU FREIGHT TARIFF NO. 1015, I.C.C.NO. 1579, IN EFFECT ON DECEMBER 18, 1957, THE DATE OF BILL OF LADING NO. AF-5287745 WHICH COVERED THE INBOUND MOVEMENT, PLUS A PORT CHARGE OF $0.06 PER 100 POUNDS NAMED IN ITEM NO. 343 OF SUPPLEMENT NO. 53 TO TARIFF NO. 1015, A TRANSIT CHARGE OF $0.18 PER 100 POUNDS AUTHORIZED BY NOTE B OF TIME NO. 3 OF AMENDMENT NO. 14 TO SFA SECTION 22 QUOTATION ADVICE NO. A-610-B, LESS THE CHARGES PAID INBOUND ON THE TRANSIT TONNAGE OF 20,000 POUNDS. TO THE RESULTING FIGURE ARE ADDED THE CHARGES ON THE NON-TRANSIT TONNAGE OF 200 POUNDS AT THE COMMODITY RATE OF $5.26 PER 100 POUNDS NAMED IN ITEM NO. 11800 OF TARIFF NO. 1 H. THE CLASS 60 RATING AND MINIMUM WEIGHT EMPLOYED ARE AUTHORIZED BY ITEM NO. 38315 OF UNIFORM FREIGHT CLASSIFICATION NO. 4.

THE DISALLOWANCE OF YOUR SUPPLEMENTAL BILL WAS PREMISED ON THE FACT THAT TARIFF NO. 1-H NAMED LOWER COMMODITY RATES ON THE COMMODITY ACCORDED TRANSIT PRIVILEGES, WHICH WERE IN EFFECT ON THE DATE OF THE OUTBOUND BILL OF LADING. IN THE LETTER REQUESTING REVIEW YOU CONTEND THAT ITEM NO. 6, PARAGRAPH (B) OF SFA SECTION 22 QUOTATION ADVICE NO. A-610-B PROVIDES THAT WHEN A SHIPMENT IS RESHIPPED FROM THE TRANSIT POINT AFTER TWELVE MONTHS FROM THE DATE OF THE INBOUND FREIGHT BILL THE THROUGH RATE WILL BE THAT EFFECTIVE ON THE DATE OF SHIPMENT FROM THE INITIAL POINT OR PORT OF ORIGIN OR THAT EFFECTIVE ON THE DATE OF RESHIPMENT, WHICHEVER IS HIGHER, AND THAT INASMUCH AS THE INSTANT RESHIPMENT DID OCCUR MORE THAN TWELVE MONTHS LATER, THE HIGHER CLASS RATE IN EFFECT ON THE DATE OF THE INBOUND SHIPMENT IS APPLICABLE.

WE AGREE THAT THE AFORESAID ITEM NO. 6 GOVERNS AND THAT UNDER SAID ITEM THE APPLICABLE THROUGH CHARGES ARE PROPERLY TO BE COMPUTED AT THE LOWEST RATES TO WHICH YOU WERE PARTY IN EFFECT ON THE DATE OF THE INBOUND BILL OF LADING. WE FIND, HOWEVER, THAT LOWER CHARGES THAN THOSE CLAIMED ON YOUR SUPPLEMENT BILL ARE AVAILABLE, BASED ON THE COMBINATION OF A COMMODITY RATE OF $1.45 PER 100 POUNDS ON THE MINIMUM WEIGHT OF 30,000 POUNDS TO THE TRANSIT POINT, PLUS A COMMODITY RATE OF $5.26 PER 100 POUNDS ON THE ACTUAL WEIGHT, APPLYING FROM THE TRANSIT POINT TO DESTINATION. THESE RATES ARE NAMED IN THE AFOREMENTIONED SFA SECTION 22 QUOTATION NO. A-1912 AND ITEM NO. 11800 OF TARIFF NO. 1-H. THIS BASIS PRODUCES THROUGH CHARGES OF $1,497.52, AND AS THE PAID THROUGH CHARGES ARE $1,475.52 AN ADDITIONAL $22 IS DUE. WE ARE RETURNING THE FILE TO OUR TRANSPORTATION DIVISION FOR APPROPRIATE SETTLEMENT ACTION, OF WHICH YOU WILL RECEIVE NOTICE IN DUE COURSE.