B-150931, JUN. 12, 1963
Highlights
INC.: WE HAVE YOUR LETTER OF FEBRUARY 20. THE RECORD SHOWS THAT THE TOWERS COMPRISING THIS SHIPMENT WERE PURCHASED FROM THE DRESSER-IDECO COMPANY. THAT THEY WERE SHIPPED TO THE TOBYHANNA SIGNAL DEPOT. THE PROPERTY WAS DESCRIBED ON THESE BILLS OF LADING AS "TOWERS. THE ARTICLES WERE CONSIGNED TO THE NEW ENGLAND CORPS OF ENGINEERS. YOU WERE SO PAID ON VOUCHER 505284 OF THE JUNE 1959 ACCOUNTS OF LIEUTENANT COLONEL GEORGE M. YOU WERE NOTIFIED BY GENERAL ACCOUNTING OFFICE FORM NO. 1003. THAT THE CORRECT CHARGE FOR THIS TRANSPORTATION WAS $381.33. YOU WERE REQUESTED TO REFUND THE OVERPAYMENT OF $433.32 AND. THIS AMOUNT WAS RECOVERED IN MARCH 1960 BY DEDUCTION IN MAKING PAYMENT OF YOUR BILL NO. 7950.
B-150931, JUN. 12, 1963
TO BIANCHI MOTOR TRANSPORTATION, INC.:
WE HAVE YOUR LETTER OF FEBRUARY 20, 1963, FILE 59-11-4, REQUESTING REVIEW OF THE DISALLOWANCE OF YOUR CLAIM FOR $1,109.31 ADDITIONAL TO THE AMOUNT PREVIOUSLY ALLOWED FOR THE TRANSPORTATION OF A SHIPMENT FROM EAST BOSTON, MASSACHUSETTS, TO FORT HEATH, WINTHROP, MASSACHUSETTS, DESCRIBED ON GOVERNMENT BILL OF LADING NO. WY-9441574, DATED APRIL 23, 1959, AS "477 PCS UFC 92020 TOWERS, NOIBN, STEEL OR WOOD, SEPARATE OR COMBINED, KD," WEIGHING 173,330 POUNDS.
THE RECORD SHOWS THAT THE TOWERS COMPRISING THIS SHIPMENT WERE PURCHASED FROM THE DRESSER-IDECO COMPANY, COLUMBUS, OHIO, UNDER CONTRACT NO. AF 30/635/-6727, DATED MAY 29, 1956, AND THAT THEY WERE SHIPPED TO THE TOBYHANNA SIGNAL DEPOT, TOBYHANNA, PENNSYLVANIA, ON GOVERNMENT BILLS OF LADING NOS. AF-6965204, AF-6965206 AND AF-6965210, ALL DATED FEBRUARY 19, 1957, FOR STORAGE IN TRANSIT. THE PROPERTY WAS DESCRIBED ON THESE BILLS OF LADING AS "TOWERS, STL OR WOOD, SEPARATE OR COMBINED, KD.' THEREAFTER, THE ARTICLES WERE CONSIGNED TO THE NEW ENGLAND CORPS OF ENGINEERS, FORT HEATH, WINTHROP, MASSACHUSETTS, AND FORWARDED TO EAST BOSTON, MASSACHUSETTS, ON BILL OF LADING NO. WZ-T 131375, DATED APRIL 8, 1959.
BILL OF LADING NO. WZ-T-131375 PROVIDED THAT UPON ARRIVAL AT EAST BOSTON THE SHIPMENT WOULD BE DELIVERED TO BIANCHI MOTOR TRANSPORTATION, INC., FOR TRANSPORTING TO FORT HEATH, WINTHROP, MASSACHUSETTS, ON GOVERNMENT BILL OF LADING NO. WY-9441574. FOR THE TRANSPORTATION UNDER THIS BILL OF LADING YOU CLAIMED, ORIGINALLY, TRANSPORTATION CHARGES OF $814.65, COMPUTED ON THE BASIS OF THE SECOND-CLASS RATING PROVIDED IN ITEM 36000 OF COORDINATED MOTOR FREIGHT CLASSIFICATION NO. 9 AT A SECOND-CLASS RATE OF 47 CENTS PER 100 POUNDS, PLUS $43.30 FOR UNLOADING AND $324 FOR LABOR, OR A TOTAL OF $1,181.95. YOU WERE SO PAID ON VOUCHER 505284 OF THE JUNE 1959 ACCOUNTS OF LIEUTENANT COLONEL GEORGE M. SECKINGER, DISBURSING OFFICER.
UPON AUDIT OF THE PAYMENT VOUCHER IN OUR OFFICE, YOU WERE NOTIFIED BY GENERAL ACCOUNTING OFFICE FORM NO. 1003, DATED NOVEMBER 27, 1959, THAT THE CORRECT CHARGE FOR THIS TRANSPORTATION WAS $381.33, COMPUTED ON THE BASIS OF A CLASS-FIVE RATING AUTHORIZED IN ITEM 7115 OF COORDINATED MOTOR FREIGHT CLASSIFICATION NO. 9 AT A FIFTH-CLASS RATE OF 22 CENTS PER 100 POUNDS, PLUS THE ACCESSORIAL CHARGES OF $43.30 AND $324 PREVIOUSLY PAID, RESULTING IN A TOTAL AMOUNT OF $748.63. YOU WERE REQUESTED TO REFUND THE OVERPAYMENT OF $433.32 AND, UPON YOUR FAILURE TO DO SO, THIS AMOUNT WAS RECOVERED IN MARCH 1960 BY DEDUCTION IN MAKING PAYMENT OF YOUR BILL NO. 7950. BY LETTER OF MARCH 28, 1960, YOU STATED THAT AN INVESTIGATION BY YOU SHOWED THAT "AN INCORRECT CLASSIFICATION HAD BEEN ORIGINALLY USED" AND YOU CLAIMED THE ADDITIONAL AMOUNT OF $1,109.31. THIS CLAIM WAS DISALLOWED IN OUR SETTLEMENT OF FEBRUARY 23,1961.
WITH YOUR REQUEST OF FEBRUARY 20, 1963, FOR REVIEW OF THE DISALLOWANCE OF YOUR CLAIM, YOU TRANSMITTED A COPY OF A LETTER TO YOU DATED DECEMBER 4, 1959, FILE 5031, FROM THE NEW ENGLAND MOTOR RATE BUREAU, INC., CONCERNING YOUR "RECENT VISIT TO THIS (THAT) OFFICE IN CONNECTION WITH A SHIPMENT DESCRIBED AS RADAR TOWERS BY THE U.S. ARMY.' THAT BUREAU EXPRESSES THE OPINION THAT THE PROPER ITEM TO APPLY ON SUCH RADAR TOWERS "IS ITEM 13107 OF THE COORDINATED MOTOR FREIGHT CLASSIFICATION NO. 9--- AERIALS OR ANTENNAE DIRECTIONAL OR PARABOLA, NOIBN, KD--- CLASS 1," AND REFERS TO RULE 12 OF THAT CLASSIFICATION, WHICH CONCERNS PARTS OF A COMPLETE ARTICLE SHIPPED ON ONE BILL OF LADING.
THERE IS NOTHING IN THE LETTER FROM THE BUREAU, OR IN THE RECORD OF THIS SHIPMENT, WHICH WOULD SHOW THAT THIS SHIPMENT CONSISTED OF PARTS OR PIECES OF A COMPLETE ARTICLE SUCH AS THE BUREAU DESCRIBES. THE RECORD DOES SHOW THAT THESE TOWERS WERE PROCURED UNDER CONTRACT NO. AF 30/635/-6727, WITH DRESSER-IDECO COMPANY, COLUMBIA, OHIO. THE TOWER IS DESCRIBED, IN PERTINENT PART, IN THE CONTRACTOR'S PROPOSAL AS:
"TOWER STRUCTURE IS 50 FEET IN DIAMETER AND 25 FEET IN HEIGHT. IT IS TO CARRY AND FORM THE AIRTIGHT BASE OF A PRESSURE SUPPORTED RADOME; AND TO ACT AS A BUILDING TO BE USED FOR HOUSING ELECTRONIC EQUIPMENT, RADOME BLOWER AND FOR OTHER PURPOSES.
"THE TOWER PRICE DOES NOT INCLUDE THE RADOME, RADOME CLAMPING RING,RADOME ERECTION APPARATUS, OPERATING EQUIPMENT, ANCHOR BOLTS,FOUNDATION REENFORCING STEEL, ERECTION EQUIPMENT, OR THE ERECTION OF ANY MATERIALS QUOTED.'
ACCORDINGLY, IT SEEMS THAT THE SHIPMENT WAS PROPERLY DESCRIBED ON THE BILL OF LADING AND THAT THE PROPER CHARGES ON THE ARTICLES SO DESCRIBED HAVE BEEN PAID.
THEREFORE, THE SETTLEMENT DISALLOWING YOUR CLAIM IS SUSTAINED. SEE 49 U.S.C. 66.