B-153625, NOV. 24, 1964

B-153625: Nov 24, 1964

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THE COMMODITY IS DESCRIBED ON THE INBOUND BILL OF LADING NO. FOR THE SERVICES PERFORMED YOU ORIGINALLY CLAIMED AND WERE PAID $14.50. THE APPLICABLE THROUGH RATE OF $12.71 PER 100 POUNDS IS PROVIDED IN TRANSCONTINENTAL FREIGHT BUREAU TARIFF NO. 1-H. THE TRANSIT AND OUT- OF-LINE HAUL CHARGES ARE PROVIDED IN SECTION 22 QUOTATION EC WTA NO. 115. WE DETERMINED THAT THE CHARGES WERE CORRECT AS ORIGINALLY CLAIMED AND PAID. TOGETHER WITH A COPY OF A CORRECTION SHEET ISSUED BY THE WESTERN WEIGHING AND INSPECTION BUREAU- - THE RECEIPT OF A COPY OF WHICH WAS ACKNOWLEDGED BY THE SIGNATURE OF A TRANSPORTATION OFFICER OF THE GOVERNMENT. - "ELIMINATE TRANSIT ACCOUNT OUTBOUND POWER PACKS WITHOUT ENGINES IS NOT REPRESENTATIVE OF INBOUND AIRPLANE BOMB DOORS.

B-153625, NOV. 24, 1964

TO SOUTHERN PACIFIC COMPANY:

IN YOUR LETTER OF FEBRUARY 21, 1964, FILE NO. YM 85-D-97170-M, YOU REQUEST REVIEW OF OUR SETTLEMENT CERTIFICATE DATED JUNE 29, 1961, IN WHICH WE DISALLOWED YOUR CLAIM (PER SUPPLEMENTAL BILL NO. D-97170-M) FOR ADDITIONAL FREIGHT CHARGES OF $681.55, ALLEGED TO BE DUE FOR THE TRANSPORTATION OF 13,600 POUNDS OF A COMMODITY DESCRIBED ON THE BILL OF LADING AS "9 PCS AIRPLANE PARTS O/T CLOTH AND WOOD OR METAL COMBINED NOIBN," SHIPPED FROM STORAGE-IN-TRANSIT AT HILL FIELD, UTAH, TO SOUTH SAN FRANCISCO, CALIFORNIA, UNDER GOVERNMENT BILL OF LADING NO. AF-T 42031, DATED DECEMBER 4, 1959. THE TRANSIT RESHIPPING CERTIFICATE SHOWS THE ORIGINAL POINT OF SHIPMENT AS HAMPTON, VIRGINIA, AND THE COMMODITY IS DESCRIBED ON THE INBOUND BILL OF LADING NO. AF 064220 AS ,AIRCRAFT PARTS NOIBN O/T CLOTH AND METAL OR WOOD COMBINED (BOMB BAY DOORS).'

FOR THE SERVICES PERFORMED YOU ORIGINALLY CLAIMED AND WERE PAID $14.50, COMPUTED ON THE BASIS OF THE THROUGH COMMODITY RATE OF $12.71 PER 100 POUNDS FROM THE ORIGINAL POINT OF SHIPMENT, HAMPTON VIRGINIA, TO FINAL DESTINATION ON THE 13,600 POUNDS ACCORDED TRANSIT, OR $1,728.56, PLUS THE TRANSPORTATION CHARGE ON 490 POUNDS OF NON-TRANSIT TONNAGE FROM THE TRANSIT POINT, $24.21, AND A TRANSIT CHARGE OF $18.85 (MINIMUM CHARGE PER CAR); LESS THE INBOUND CHARGES PAID TO THE TRANSIT POINT, HILL FIELD, 13,600 POUNDS AT $13.05 PER 100 POUNDS, AMOUNTING TO $1,774.80. ($1,728.56 PLUS $17.68 PLUS $24.21 PLUS $18.85 LESS $1,774.80.)

THE APPLICABLE THROUGH RATE OF $12.71 PER 100 POUNDS IS PROVIDED IN TRANSCONTINENTAL FREIGHT BUREAU TARIFF NO. 1-H, I.C.C. 1611, ITEM 5120, FOR APPLICATION TO SHIPMENTS OF AIRPLANE PARTS, NOS. THE TRANSIT AND OUT- OF-LINE HAUL CHARGES ARE PROVIDED IN SECTION 22 QUOTATION EC WTA NO. 115, WHICH ALSO SETS FORTH THE CHARGES AND PROVISIONS FOR STORAGE-IN-TRANSIT AT HILL FIELD.

ON AUDIT OF THE PAYMENT VOUCHER IN OUR OFFICE, WE DETERMINED THAT THE CHARGES WERE CORRECT AS ORIGINALLY CLAIMED AND PAID. SUBSEQUENTLY, YOU SUBMITTED SUPPLEMENTAL BILL NO. D-97170-M, DATED OCTOBER 10, 1960, FOR AN ADDITIONAL AMOUNT OF $681.55, TOGETHER WITH A COPY OF A CORRECTION SHEET ISSUED BY THE WESTERN WEIGHING AND INSPECTION BUREAU- - THE RECEIPT OF A COPY OF WHICH WAS ACKNOWLEDGED BY THE SIGNATURE OF A TRANSPORTATION OFFICER OF THE GOVERNMENT--- CHANGING THE DESCRIPTION OF THE SHIPMENT TO--

"9 BOXES, PACK UP, QUICK CHANGE PARTS (POWER PACK WITHOUT ENGINE) RATABLE UNDER RULE 18 OF UFC AS AIRPLANE PARTS O/T CLOTH AND WOOD OR METAL COMBINED" WITH THE STATEMENT---

"ELIMINATE TRANSIT ACCOUNT OUTBOUND POWER PACKS WITHOUT ENGINES IS NOT REPRESENTATIVE OF INBOUND AIRPLANE BOMB DOORS, AIRPLANE PARTS METAL.'

YOUR CLAIM WAS DISALLOWED BY OUR TRANSPORTATION DIVISION IN THE SETTLEMENT OF JUNE 29, 1961. IN YOUR PRESENT REQUEST FOR REVIEW OF THIS DISALLOWANCE, YOU STATE THAT

"* * * ON ACCOUNT OF THE OUTBOUND SHIPMENT NOT CONSISTING OF THE SAME IDENTICAL MIXTURE AS THE INBOUND SHIPMENT, TRANSIT PRIVILEGE IS NOT APPLICABLE UNDER SECTION 22 QUOTATION 115.'

ITEM NO. 15 OF SECTION 22 QUOTATION EC-WTA 115, GOVERNS QUANTITY AND CHARACTER OF TONNAGE CREDITS ON THE INBOUND AND OUTBOUND SHIPMENTS AND PROVIDES---

"/A) EXCEPT AS OTHERWISE PROVIDED IN THIS ITEM, THE OUTBOUND SHIPMENT FROM THE TRANSIT POINT MUST CONSIST OF THE SAME TYPE OF COMMODITY (ARTICLES EMBRACED BY THE SAME ITEM NUMBER CARRYING CLASSIFICATION RATINGS IN THE UNIFORM FREIGHT CLASSIFICATION) AS THE INBOUND SHIPMENT. FREIGHT BILLS OR TONNAGE CREDITS REPRESENTATIVE IN TYPE AND QUANTITY (WEIGHT) OF THE COMMODITY FORWARDED FROM THE TRANSIT POINT MUST BE SURRENDERED FOR THAT PORTION OF THE CARLOAD UPON WHICH THE TRANSIT PRIVILEGE IS ACCORDED.

"IT IS NOT EXPECTED THAT THE IDENTITY OF EACH INBOUND AND OUTBOUND CARLOAD WILL BE PRESERVED, BUT IT IS NOT PERMISSIBLE TO MAKE ANY SUBSTITUTION THAT IMPAIRS THE INTEGRITY OF THE APPLICABLE

THROUGH RATE. * * *"

THE GOVERNING QUOTATION, THEREFORE, DOES NOT REQUIRE THAT THE OUTBOUND SHIPMENTS CONSIST OF THE IDENTICAL COMMODITY INBOUND, BUT ONLY THAT THEY BE "THE SAME TYPE OF COMMODITY," WHICH IS DEFINED IN ITEM NO. 15 AS "ARTICLES EMBRACED BY THE SAME ITEM NUMBER CARRYING CLASSIFICATION RATINGS IN THE UNIFORM FREIGHT CLASSIFICATION.'

IT DOES NOT APPEAR TO BE QUESTIONED THAT BOTH THE BOMB BAY DOORS SHIPPED INBOUND AND THE POWER PACKS WITHOUT ENGINES SHIPPED OUTBOUND ARE AIRPLANE PARTS, PROPERLY EMBRACED WITHIN THE SAME CLASSIFICATION ITEM NO. 4730 OF UNIFORM FREIGHT CLASSIFICATION NO. 4 AS AIRPLANE PARTS, NOIBN, OTHER THAN CLOTH AND WOOD OR METAL COMBINED, FOR THE ASSESSMENT OF TRANSPORTATION CHARGES. THE WESTERN WEIGHING AND INSPECTION BUREAU CORRECTION SHEET ADVISED THAT THE OUTBOUND SHIPMENT SHOULD BE SO CLASSIFIED AND YOU APPEAR TO AGREE, SINCE THE CHARGE IN YOUR CLAIM FOR LOCAL RATES ON THE OUTBOUND SHIPMENT IS COMPUTED ON THE BASIS OF THE CLASS 100 RATING APPLICABLE TO AIRPLANE PARTS, NOIBN, IN PACIFIC SOUTH COAST FREIGHT BUREAU TARIFF 1016, I.C.C. NO. 1590. NEITHER DOES IT APPEAR THAT THE INTEGRITY OF THE APPLICABLE THROUGH RATE HAS BEEN IMPAIRED BY THE TRANSIT APPLICATION. THE TRANSIT QUOTATION DOES NOT REQUIRE ANYTHING MORE. ACCORDINGLY, OUR DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.