B-148433, APR. 30, 1962

B-148433, APR. 30, 1962

TO MR. GRADY WEST:

YOUR LETTER OF FEBRUARY 21, 1962, REQUESTS REVIEW OF OUR LETTER OF OCTOBER 9, 1961, RELATING TO YOUR INDEBTEDNESS TO THE UNITED STATES FOR THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM HEIDELBERG, GERMANY, TO THE UNITED STATES UPON YOUR TRANSFER OF OFFICIAL STATION TO FORT HOLABIRD, MARYLAND.

YOU SAY THAT BECAUSE SECTION 17 OF EXECUTIVE ORDER NO. 9805, AS AMENDED BY EXECUTIVE ORDER NO. 10196, PROVIDES THAT THE NET WEIGHT OF THE PROPERTY SHALL BE CONSIDERED TO BE EIGHTY PERCENT OF THE COMBINED WEIGHT OF THE PROPERTY AND THE PACKING AND CRATING USED FOR THE SHIPMENT THAT THE WEIGHT OF 8,412 POUNDS SHIPPED BY YOU IN A "SEA-VAN" CONTAINER BY OVERSEAS SHIPMENT SHOULD BE COMPUTED BY THAT METHOD. YOU ALSO SAY THAT A RECOMPUTATION UPON THAT BASIS WOULD RESULT IN A REDUCTION OF THE EXCESS WEIGHT BELOW THE MAXIMUM 7,000 POUNDS LIMITATION REQUIRED. WHEN GOODS ARE SHIPPED BY SEA VAN WITH CHARGES BASED ONLY ON NET WEIGHT, THE EXTENT OF THE PACKING OR PADDING IS COMPARABLE TO THAT USED WHEN THERE IS ONLY A MOTOR CARRIER'S MOVEMENT OF HOUSEHOLD GOODS, AS DISTINGUISHED FROM THE PACKING AND CRATING USED UNDER ORDINARY SHIPMENTS BY VESSEL. WE ENCLOSE A COPY OF OUR DECISION OF NOVEMBER 14, 1956, B-129434, WHICH DISCUSSES THE WEIGHT LIMITATION APPLICABLE WHEN A SEA VAN IS USED.

THE RECORD SHOWS THAT YOUR HOUSEHOLD GOODS WERE SHIPPED UNDER MILITARY RATE TENDER, INTERSTATE COMMERCE COMMISSION TARIFF NO. 18 WHICH READS IN PART:

"RATES NAMED IN THIS TARIFF WILL BE COMPUTED ON THE NET WEIGHT OF ARTICLES SHIPPED AND SUBJECT TO A 500 POUND MINIMUM NET WEIGHT, FROM POINT OF ORIGIN TO POINT OF DESTINATION. SHIPPING CONTAINERS AND PACKING MATERIALS WILL REMAIN THE PROPERTY OF THE CARRIER.'

FURTHERMORE THE WEIGHT CERTIFICATE ACCOMPANYING THE GOVERNMENT BILL OF LADING SHOWS THE NET WEIGHT OF THE SHIPMENT OF YOUR GOODS TO BE 3,815 KILOGRAMS OR 8,412 POUNDS.

IN VIEW OF THE FOREGOING FACTS, SINCE THE CHARGE FOR SHIPPING YOUR HOUSEHOLD GOODS WAS BASED UPON THE UNCRATED WEIGHT, THE 7,000 POUND LIMITATION IS APPLICABLE.

SINCE YOU SHIPPED 8,412 POUNDS NET WEIGHT OF HOUSEHOLD GOODS ON A GOVERNMENT BILL OF LADING RESULTING IN AN EXCESS PAYMENT BY THE GOVERNMENT OF $552.09 FOR 1,412 POUNDS OF GOODS AT $39.10 PER CWT., THERE IS NO AUTHORITY TO RELIEVE YOU OF YOUR REPORTED INDEBTEDNESS TO THE UNITED STATES.

THE CURRENT REGULATIONS, EFFECTIVE APRIL 17, 1961, ALLOW A MAXIMUM NET WEIGHT OF 7,000 POUNDS. IN THE EVENT THE ACTUAL NET WEIGHT IS NOT REASONABLY ASCERTAINABLE AND A CONEX CONTAINER IS USED, THE NET WEIGHT IS TO BE COMPUTED AT 85 PERCENT OF THE DIFFERENCE BETWEEN THE GROSS WEIGHT AND THE TARE WEIGHT OF THE CONTAINER. IN YOUR CASE EVEN HAD THE NEW REGULATIONS BEEN IN EFFECT THE 7,000 POUNDS NET WEIGHT LIMITATION WOULD HAVE BEEN APPLICABLE WITHOUT REGARD TO THE CONVERSION METHOD STATED SINCE THE ACTUAL NET WEIGHT OF YOUR EFFECTS (8,412 POUNDS) IS KNOWN.