B-150725, JAN. 22, 1964

B-150725: Jan 22, 1964

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TO ILLINOIS CENTRAL RAILROAD: FURTHER REFERENCE IS MADE TO YOUR LETTERS OF JANUARY 24. YOU INVITE ATTENTION TO THE DESCRIPTION OF THESE SHIPMENTS AS KNOCKED-DOWN STEEL BARGES AND CONTEND THAT ANY CHANGE IN THE COMMODITY DESCRIPTION SHOULD BE SUPPORTED WITH DOCUMENTARY EVIDENCE SHOWING THAT THE COMMODITY IS OTHER THAN AS DESCRIBED ON THE BILLS OF LADING. YOUR OBJECTION TO OUR SETTLEMENT BASES IS PREMISED ON THE ABSENCE OF EVIDENCE TO ESTABLISH THE NATURE OF THE COMMODITY SHIPPED. THAT THE ARTICLES SHIPPED WERE IRON AND STEEL ARTICLES. REVEALS THAT SOME ARTICLES WERE INCLUDED IN THE SHIPMENTS UNDER BILLS OF LADING WV-4164815 AND WV-4164817 (YOUR BILL WQ-46864) AND BILL OF LADING WT-3613385 (YOUR BILL WQ-45540) WHICH ARE NOT SUBJECT TO THE IRON OR STEEL RATES AND ON WHICH THE WEIGHTS CANNOT NOW BE ASCERTAINED.

B-150725, JAN. 22, 1964

TO ILLINOIS CENTRAL RAILROAD:

FURTHER REFERENCE IS MADE TO YOUR LETTERS OF JANUARY 24, 1963, AND JANUARY 14, 1964, FILE G-WQ-45543-BG WT-46864, REQUESTING REVIEW OF THE SETTLEMENTS WHICH DISALLOWED THE AMOUNTS RECLAIMED UNDER YOUR BILLS WQ- 45540 AND WQ-46864.

IN TAKING EXCEPTION TO THE SETTLEMENT OF YOUR CLAIMS BASED ON THE APPLICATION OF THE IRON AND STEEL RATES, YOU INVITE ATTENTION TO THE DESCRIPTION OF THESE SHIPMENTS AS KNOCKED-DOWN STEEL BARGES AND CONTEND THAT ANY CHANGE IN THE COMMODITY DESCRIPTION SHOULD BE SUPPORTED WITH DOCUMENTARY EVIDENCE SHOWING THAT THE COMMODITY IS OTHER THAN AS DESCRIBED ON THE BILLS OF LADING. THUS, YOUR OBJECTION TO OUR SETTLEMENT BASES IS PREMISED ON THE ABSENCE OF EVIDENCE TO ESTABLISH THE NATURE OF THE COMMODITY SHIPPED.

SINCE THE RECORDS IN OUR OFFICE INDICATED THAT NONE OF THESE CARLOAD SHIPMENTS CONTAINED A COMPLETE BARGE, AND THAT THE ARTICLES SHIPPED WERE IRON AND STEEL ARTICLES, WE APPLIED A COMMODITY RATE APPLICABLE TO IRON OR STEEL COMMODITIES. FURTHER INVESTIGATION, HOWEVER, REVEALS THAT SOME ARTICLES WERE INCLUDED IN THE SHIPMENTS UNDER BILLS OF LADING WV-4164815 AND WV-4164817 (YOUR BILL WQ-46864) AND BILL OF LADING WT-3613385 (YOUR BILL WQ-45540) WHICH ARE NOT SUBJECT TO THE IRON OR STEEL RATES AND ON WHICH THE WEIGHTS CANNOT NOW BE ASCERTAINED. ON THESE SHIPMENTS A FURTHER ADJUSTMENT IN THE CHARGES WILL BE NECESSARY AND A REVISED SETTLEMENT WILL BE ISSUED IN DUE COURSE.

ON TWO OF THE SHIPMENTS UNDER YOUR BILL WQ-45540, WE ARE ENCLOSING

ON TWO OF THE SHIPMENTS UNDER YOUR BILL WQ-45540, WE ARE ENCLOSING COPIES OF INBOUND BILLS OF LADING WT-1136783 AND WT-1136785, WHICH ARE REFERRED TO ON OUTBOUND BILLS OF LADING WT-3613384 AND WT-3613395 AS COVERING THE MOVEMENT TO GUILDERLAND CENTER, NEW YORK. SINCE THE DESCRIPTION, WEIGHT, AND BARGE NUMBERS FURNISHED ON THE INBOUND BILLS OF LADING SEEM TO ESTABLISH THE MOVEMENT OF THE SAME ARTICLES OUTBOUND, THE USE OF THE IRON AND STEEL RATES IN THE SETTLEMENT BASES ON THESE TWO BILLS OF LADING SEEMS PROPER AND IS SUSTAINED.