B-148822, NOV. 8, 1962

B-148822: Nov 8, 1962

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THEREFORE HAVE INSTRUCTED OUR TRANSPORTATION DIVISION TO RE-OPEN THE SETTLEMENT AND TO ALLOW YOU CHARGES BASED ON THE APPLICATION OF THE VEHICLE UTILIZATION MINIMUM CHARGE RULE IN ITEM 135 OF PACIFIC COAST TARIFF BUREAU U.S. THE SURCHARGE IS INAPPLICABLE ON SHIPMENTS WHICH ARE SUBJECT TO THE BASIS OF MINIMUM CHARGES PROVIDED IN ITEM 135 OF QUOTATION NO. 2.

B-148822, NOV. 8, 1962

TO THE CONSTRUCTORS TRANSPORT CO.:

WE REFER AGAIN TO YOUR LETTER OF APRIL 27, 1962, IN WHICH YOU REQUEST REVIEW OF OUR SETTLEMENT CERTIFICATE DATED FEBRUARY 26, 1962 (OUR CLAIM FILE NO. TK 725965). THE SETTLEMENT DISALLOWED YOUR CLAIM, PER SUPPLEMENTAL BILL NO. SUPP. 1-5973, FOR $166.62, THE ADDITIONAL CHARGES ALLEGEDLY DUE FOR TRANSPORTING THREE SHIPMENTS OF INTERNAL COMBUSTION ENGINES, JET PROPULSION TYPE, FROM NORTON AIR FORCE BASE, SAN BERNARDINO, CALIFORNIA, TO TRAVIS AIR FORCE BASE, CALIFORNIA, FOR EXPORT, UNDER GOVERNMENT BILLS OF LADING NOS. AF 418223, AF 418224 AND AF 418246, DURING AUGUST 1959.

THE EVIDENCE NOW OF RECORD INDICATES THAT THESE SHIPMENTS REQUIRED THE FULL UTILIZATION OF THE UNITS OF EQUIPMENT USED TO TRANSPORT THEM. THEREFORE HAVE INSTRUCTED OUR TRANSPORTATION DIVISION TO RE-OPEN THE SETTLEMENT AND TO ALLOW YOU CHARGES BASED ON THE APPLICATION OF THE VEHICLE UTILIZATION MINIMUM CHARGE RULE IN ITEM 135 OF PACIFIC COAST TARIFF BUREAU U.S. GOVERNMENT RATE QUOTATION NO. 2, AGENT C. R. NICKERSON'S I.C.C. NO. 1, WITHOUT THE ADDITION OF THE 12 PERCENT SURCHARGE. AS WE HELD IN OUR DECISION OF AUGUST 16, 1962, B-147990, COPY ENCLOSED, TO YOU, THE SURCHARGE IS INAPPLICABLE ON SHIPMENTS WHICH ARE SUBJECT TO THE BASIS OF MINIMUM CHARGES PROVIDED IN ITEM 135 OF QUOTATION NO. 2. NOTICE OF THE REVISED SETTLEMENT SHOULD REACH YOU IN DUE COURSE.