B-148326, JUN. 18, 1962

B-148326: Jun 18, 1962

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YOUR CLAIM WAS DISALLOWED IN THE SETTLEMENT OF FEBRUARY 20. WAS INAPPLICABLE VIA THE ROUTE OF MOVEMENT. BASIS ARE DETERMINABLE BY MEANS OF A COMBINATION OF RATES TO AND BEYOND HOUSTON. THIS RATE IS APPLICABLE VIA THE BILL OF LADING ROUTE PER ROUTE NO. THE ALLOWABLE THROUGH CHARGES ON THE SHIPMENT ARE $747. SINCE YOU HAVE BEEN PAID $748.82. NOTIFICATION OF THE SETTLEMENT ALLOWING YOU THAT AMOUNT WILL REACH YOU IN DUE COURSE.

B-148326, JUN. 18, 1962

TO THE TEXAS MEXICAN RAILWAY COMPANY:

WE REFER AGAIN TO YOUR LETTER OF MARCH 2, 1962, FILE B/C 936-A DEC. 1960, REQUESTING REVIEW OF OUR SETTLEMENT IN CLAIM TK-727095, DATED FEBRUARY 20, 1962, WHICH DISALLOWED YOUR CLAIM FOR $96, ADDITIONAL CHARGES ALLEGEDLY DUE FOR TRANSPORTATION FURNISHED ON BILL OF LADING WZ-T-337445, DATED DECEMBER 1, 1960.

BILL OF LADING WZ-T-337445 COVERED A SHIPMENT OF CANNED OR PRESERVED FOODSTUFFS, WEIGHING 60,706 POUNDS, TRANSPORTED FROM THE FORT WORTH GENERAL DEPOT TO THE NAVAL AIR STATION AT FLOUR BLUFF, TEXAS. OF THE TOTAL WEIGHT SHIPPED, 59,706 POUNDS HAD ORIGINATED AT BAILEY, MICHIGAN, AND HAD BEEN STORED IN TRANSIT AT FORT WORTH. YOU ORIGINALLY BILLED AND COLLECTED CHARGES OF $175.12, COMPUTED AT THE THROUGH RATE, LESS THE RATE PAID IN, PLUS THE TRANSIT CHARGE ON THE TRANSIT TONNAGE, 59,760 POUNDS, PLUS THE LOCAL RATE ON THE 946 POUNDS OF NONTRANSIT TONNAGE. YOU LATER CLAIMED THE ADDITIONAL $96 BASED UPON A COMBINATION OF RATES OVER CALDWELL, TEXAS, ON THE GROUND THAT THE THROUGH RATE FROM BAILEY, MICHIGAN, TO FLOUR BLUFF, TEXAS, DID NOT APPLY VIA THE ROUTE OVER WHICH THE SHIPMENT MOVED. YOUR CLAIM WAS DISALLOWED IN THE SETTLEMENT OF FEBRUARY 20, 1962.

UPON RE-EXAMINATION, WE AGREE THAT THE THROUGH RATE FROM BAILEY, MICHIGAN, WAS INAPPLICABLE VIA THE ROUTE OF MOVEMENT. HOWEVER, LOWER CHARGES THAN THOSE MADE BY USE OF THE CALDWELL, TEXAS, BASIS ARE DETERMINABLE BY MEANS OF A COMBINATION OF RATES TO AND BEYOND HOUSTON, TEXAS, AS FOLLOWS: TO HOUSTON, $1 PER 100 POUNDS, MINIMUM 60,000 POUNDS, PROVIDED IN SOUTHWESTERN FREIGHT LINES FREIGHT TARIFF SW/E 2005-C, I.C.C. NO. 4332, SUPPLEMENT 55, ITEM 960-C, AND COLUMN 27 IN SUPPLEMENT 51 OF SOUTHWESTERN FREIGHT LINES FREIGHT TARIFF SW/E 1005, I.C.C. NO. 3998. THIS RATE IS APPLICABLE VIA THE BILL OF LADING ROUTE PER ROUTE NO. F-690 OF SOUTHWESTERN LINES FREIGHT TARIFF NO. 222-E, I.C.C. NO. 4288; BEYOND HOUSTON, 24 1/2 CENTS PER 100 POUNDS, MINIMUM WEIGHT 60,000 POUNDS, AS PROVIDED IN SOUTHWESTERN LINES FREIGHT TARIFF NO. SW-2004-C, I.C.C. NO. 4331, SUPPLEMENT 59, ITEM 960-D, AND PART 2, COLUMN 225, OF SOUTHWESTERN LINES TARIFF NO. SW-1004, I.C.C. NO. 3997, VIA THE TEXAS AND NEW ORLEANS RAILWAY TO CORPUS CHRISTI AND THE TEXAS MEXICAN RAILWAY BEYOND, AS PROVIDED IN SOUTHWESTERN LINES TARIFF NO. 221-D, I.C.C. NO. 4173, TABLE 9170, ITEM 10. THUS, THE ALLOWABLE THROUGH CHARGES ON THE SHIPMENT ARE $747, PLUS THE TRANSIT CHARGES OF 9 1/2 CENTS PER 100 POUNDS, AND THE FREIGHT CHARGES ON THE NONTRANSIT TONNAGE AS BILLED, PRODUCING TOTAL CHARGES OF $808.12. SINCE YOU HAVE BEEN PAID $748.82, THERE REMAINS DUE THE TEXAS MEXICAN RAILWAY COMPANY A BALANCE OF $59.30. NOTIFICATION OF THE SETTLEMENT ALLOWING YOU THAT AMOUNT WILL REACH YOU IN DUE COURSE.