B-154288, JUL. 28, 1964

B-154288, JUL. 28, 1964

TO MR. PATRICK J. SHANE:

YOUR LETTER OF MAY 6, 1964, REQUESTS RECONSIDERATION OF THE EXCESS WEIGHT INVOLVED IN THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM YOKOHAMA, JAPAN, TO PHILADELPHIA, PENNSYLVANIA, IN FEBRUARY 1959 INCIDENT TO DEPARTMENT OF THE ARMY LETTER ORDER NO. 1-119, JANUARY 14, 1959. THE FACTS IN YOUR CASE AND THE REASON FOR YOUR INDEBTEDNESS WERE SET FORTH IN OUR CLAIMS DIVISION LETTER OF SEPTEMBER 11, 1963, TO YOU, AND NEED NOT BE REPEATED HERE.

AS TO THE AMOUNT DUE FROM YOU BECAUSE OF THE EXCESS WEIGHT WE ENCLOSE HEREWITH A COPY OF THE ADMINISTRATIVE COMPUTATION IN DETAIL, FC USA FORM 21-57 DATED JULY 25, 1963, FILE REFERENCE FINCS-FB LEC/RE/368. IN LINE (7) THE AMOUNT OF $327.31 "ACCESSORIAL CHARGE" ALLOWED YOU IS STATED AS 7000/10180 OF $476. THE PREVIOUS ADMINISTRATIVE BILLING DATED DECEMBER 2, 1959, HAD ERRONEOUSLY CREDITED YOU WITH THE WHOLE AMOUNT OF $476 WHICH, ON BILL OF LADING NO. WY-8437340, WAS THE ACCESSORIAL SERVICES CHARGE FOR THE TOTAL "NET WEIGHT" OF 10,180 POUNDS AS SHIPPED BY SEA-VAN FROM YOKOHAMA TO PORT OF ENTRY IN CALIFORNIA, WHERE IT APPEARS THE SEA-VAN WAS UNLOADED FOR OVERLAND TRANSPORTATION TO PHILADELPHIA. HOWEVER, BOTH THE PUBLIC WEIGHMASTER'S CERTIFICATE OF WEIGHT AND MEASURE DATED FEBRUARY 12, 1959, AND THE ABOVE GOVERNMENT BILL OF LADING SHOW YOUR INDIVIDUAL SHIPMENT WAS A GROSS WEIGHT OF 37,940 POUNDS, TARE 27,760 POUNDS, AND THE "NET WEIGHT" AS 10,180 POUNDS. THE "PACKING LIST," TO WHICH YOU REFER APPEARS TO BE THE ACCESSORIAL SERVICES CERTIFICATE OF THE PACKING SERVICES FURNISHED BY NEPTUNE STORAGE, INC., WHICH WAS AUTHENTICATED BY YOU AND DATED JANUARY 20, 1959 (DD FORM 619). SUCH CERTIFICATE LISTS AN AGGREGATE OF 128 PACKAGED ITEMS, NAMELY, 5 WOODEN CRATES AGGREGATING 37 CUBIC FEET, 21 BARRELS, 5 WARDROBES, 4 MATTRESS CARTONS, AND 93 SMALLER CARTONS (14 NOT OVER 1 1/2 CUBIC FEET; 64 OVER 3, NOT OVER 7 CUBIC FEET; AND 15 OVER 7, NOT OVER 10 CUBIC FEET). THE PRESENT RECORD SHOWS THOSE ITEMS WERE IDENTIFIED BY YOU BOTH ON THE DD FORM 619 AND ON THE QUAKER STORAGE COMPANY CERTIFICATE DATED MARCH 13, 1959, AS COMPRISING THE EFFECTS SHIPPED FOR YOU ON THE BILL OF LADING FROM YOKOHAMA TO PHILADELPHIA. YOU FEEL THE PACKING AND CRATING OF YOUR EFFECTS WERE EXCESSIVE FOR A "SEA -VAN" SHIPMENT PERHAPS YOU SHOULD CONTACT NEPTUNE STORAGE, INC., IN REGARD THERETO.

SINCE THE DEPARTMENT OF THE ARMY PAID IN YOUR BEHALF FOR TRANSPORTATION (SEA-VAN AND OVERLAND), ACCESSORIAL SERVICES, AND TEMPORARY STORAGE BASED ON THE NET WEIGHT OF 10,180 POUNDS, AND SINCE UNDER THE LAW AND REGULATIONS CITED IN OUR LETTER OF SEPTEMBER 11, 1963, A MAXIMUM NET WEIGHT OF 7,000 POUNDS IS ALLOWABLE ON ACCOUNT OF THE SEA-VAN SHIPMENT OF YOUR HOUSEHOLD GOODS AND PERSONAL EFFECTS, WE HAVE NO ALTERNATIVE BUT TO HOLD THAT YOU WERE LIABLE FOR THE ADDITIONAL CHARGES OCCASIONED BY THE EXCESSIVE WEIGHT AS PREVIOUSLY INDICATED.