B-148299, AUG. 9, 1962

B-148299: Aug 9, 1962

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INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 26. CHARGES OF $116.52 WERE BILLED AND PAID ON THE BASIS OF LESS-THAN-TRUCKLOAD RATES AND ACTUAL WEIGHTS OF THE COMMODITIES. YOUR SUPPLEMENTAL BILL IS ANNOTATED: "EXCLUSIVE USE OF VEHICLE REQUESTED ON EACH BILL OF LADING. THENCE IS NO ANNOTATION ON EITHER OF THE BILLS OF LADING TO SHOW THE SHIPPER REQUESTED EXCLUSIVE USE OF VEHICLE AND EXCLUSIVE USE CHARGES ARE ACCORDINGLY NOT ALLOWABLE. WE FIND THAT THE PROPER CHARGES FOR THE SHIPMENT UNDER BILL OF LADING WY 1992085 ARE $351.92 COMPUTED ON THE BASIS OF A CLASS 65 RATE OF 166 CENTS PER 100 POUNDS APPLICABLE ON A TRUCKLOAD MINIMUM WEIGHT OF 20. WE HAVE INSTRUCTED OUR TRANSPORTATION DIVISION.

B-148299, AUG. 9, 1962

TO HUGHES TRANSPORTATION, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 26, 1962, FILE HUGHES BILL NO. 1310-A-W, ACKNOWLEDGED MARCH 7, 1962, REQUESTING REVIEW OF OUR SETTLEMENT CERTIFICATE OF JUNE 19, 1961, DISALLOWING THE CARRIERS CLAIM FOR ADDITIONAL FREIGHT CHARGES FOR EXCLUSIVE USE OF VEHICLES SUBMITTED UNDER SUPPLEMENTAL BILL NO. 1310-A-W, OUR CLAIM NO. TK-712176.

THE CLAIM CONCERNS TWO GOVERNMENT BILLS OF LADING WY-1992085 AND WY 1991940. THE FORMER BILL OF LADING DATED MARCH 18, 1953, COVERS VARIOUS TYPES OF AMMUNITION, WEIGHING 4,886 POUNDS, WHICH MOVED FROM BLUE GRASS ORDNANCE DEPOT, FORT ESTILL, KENTUCKY, TO FORT BENNING, GEORGIA. THE LATTER BILL OF LADING DATED MARCH 6, 1953, COVERS DETONATING FUSES WEIGHING 18,960 POUNDS WHICH MOVED FROM BLUE GRASS ORDNANCE DEPOT, FORT ESTILL, KENTUCKY, TO FORT STORY, VIRGINIA.

FOR SERVICES PERFORMED UNDER BILL OF LADING WY-1992085, CHARGES OF $116.52 WERE BILLED AND PAID ON THE BASIS OF LESS-THAN-TRUCKLOAD RATES AND ACTUAL WEIGHTS OF THE COMMODITIES. IN JANUARY 1961, YOUR SUPPLEMENTAL BILL CLAIMED $248.68 ADDITIONAL CHARGES ON THE BASIS OF A CLASS 65 RATE OF 166 CENTS PER 100 POUNDS APPLICABLE ON A MINIMUM VOLUME WEIGHT OF 22,000 POUNDS UNDER HUGHES TRANSPORTATION, INC., SECTION 22 QUOTATION NO. 53. YOUR SUPPLEMENTAL BILL IS ANNOTATED:

"EXCLUSIVE USE OF VEHICLE REQUESTED ON EACH BILL OF LADING--- DELIVERY UNDER ORIGINAL LOADING SEALS REQUIRED.'

HOWEVER, THENCE IS NO ANNOTATION ON EITHER OF THE BILLS OF LADING TO SHOW THE SHIPPER REQUESTED EXCLUSIVE USE OF VEHICLE AND EXCLUSIVE USE CHARGES ARE ACCORDINGLY NOT ALLOWABLE. SEE 39 COMP. GEN. 755. WE FIND THAT THE PROPER CHARGES FOR THE SHIPMENT UNDER BILL OF LADING WY 1992085 ARE $351.92 COMPUTED ON THE BASIS OF A CLASS 65 RATE OF 166 CENTS PER 100 POUNDS APPLICABLE ON A TRUCKLOAD MINIMUM WEIGHT OF 20,000 POUNDS, PLUS A 6 PERCENT SURCHARGE UNDER HUGHES TRANSPORTATION, INC., SECTION 22 QUOTATION 53, SUPPLEMENT 2. ACCORDINGLY, WE HAVE INSTRUCTED OUR TRANSPORTATION DIVISION, IF OTHERWISE PROPER, TO MAKE SETTLEMENT FOR THAT SUM, LESS THE CHARGES ORIGINALLY PAID, OR $235.40 WHICH SHOULD BE RECEIVED IN DUE COURSE.

FOR SERVICES RENDERED UNDER BILL OF LADING WY-1991940, CHARGES OF $432.48 WERE BILLED AND PAID ON THE BASIS OF A CLASS 65 RATE OF 204 CENTS PER 100 POUNDS, APPLICABLE ON A TRUCKLOAD MINIMUM WEIGHT OF 20,000 POUNDS, PLUS A 6 PERCENT SURCHARGE. HOWEVER, THE "MARKS" BLOCK OF THIS BILL OF LADING BEARS THE LEGEND:

"M/F: ORDNANCE PROPERTY OFFICER "THIS B/L ISSUED TO COVER THE EIGHTEENTH AND FINAL PART OF A COMPLETE SHIPMENT COMPRISING APPROXIMATELY 800,000 NUMBER, THE FIRST PART THEREOF COVERED BY GBI, WY-1991925.'"

YOUR SUPPLEMENTAL BILL, MENTIONED ABOVE, CLAIMED $16.37 ADDITIONAL CHARGES ON THE BASIS OF A VOLUME MINIMUM WEIGHT OF 22,000 POUNDS. OUR AUDIT, AS SHOWN ON FORM 1003, DISCLOSED THAT THE PROPER CHARGES FORTHIS SHIPMENT SHOULD HAVE BEEN $409.99. THESE CHARGES WERE COMPUTED AT CLASS RATE OF 204 CENTS PER 100 POUNDS FOR THE ACTUAL WEIGHT OF SHIPMENT, PLUS A 6 PERCENT SURCHARGE, UNDER HUGHES TRANSPORTATION, INC. SECTION 22 QUOTATION 53, SUPPLEMENT 2. THE COMPUTATION RESULTED IN AN OVERCHARGE OF $22.49 WHICH WAS DEDUCTED FROM CARRIERS BILL 2114 ON VOUCHER 712176 IN DECEMBER 1961. YOU STATE THAT THIS AMOUNT OF $22.49, IF DEDUCTED FROM MONIES OTHERWISE DUE THE CARRIER, SHOULD BE ADDED TO THE SUPPLEMENTAL BILL, WHICH MAKES THE TOTAL CLAIM $38.86 ON THIS SHIPMENT.

BILL OF LADING WY-1991940 CLEARLY INDICATES THAT THE EXPLOSIVES WERE A PART OF A VOLUME SHIPMENT OF APPROXIMATELY 800,000 POUNDS, THEREFORE, THE CHARGES APPLICABLE ARE THOSE COMPUTED AT THE VOLUME RATE AND ACTUAL WEIGHT AS EXPLAINED IN OUR SETTLEMENT CERTIFICATE OF JUNE 19, 1961.

ACCORDINGLY, OUR SETTLEMENT OF JUKE 19, 1961, IS MJDIFIED ONLY AS TO THE CHARGES UNDER BILL OF LADING WY-1992085.