B-156153, MAY 4, 1965

B-156153: May 4, 1965

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595.80 FOR WHICH HUMBLE OIL SEEKS REIMBURSEMENT WAS ADMINISTRATIVELY DEDUCTED FROM THE COMPANY'S INVOICE NO. 907940. THE MINISTRY OF EXTERNAL AFFAIRS OF INDIA AN AGREEMENT WAS REACHED. WHEREBY THE GOVERNMENT OF INDIA AGREED THAT "THE AIRCRAFT AND THE SUPPORTING SUPPLIES AND EQUIPMENT WILL BE ELIGIBLE FOR GRANT OF CONCESSIONS FROM CUSTOMS. THE RECORD INDICATES THE GOVERNMENT OF INDIA WILL REFUND THE DUTY PAYMENTS INVOLVED. THUS THE SOLE QUESTION PRESENTED IS WHETHER THE COMPANY MAY BE REIMBURSED PENDING REFUND BY THE GOVERNMENT OF INDIA. WAS ADVISED OR HAD KNOWLEDGE OF THE DUTY CONCESSION. WERE NOT PUBLISHED UNTIL MARCH 1964. THE LATTER FACT WAS INFORMALLY ASCERTAINED FROM THE STATE DEPARTMENT.

B-156153, MAY 4, 1965

TO MR. R. P. HOGAN, WEATHER BUREAU:

YOUR LETTER OF DECEMBER 15, 1964, REFERENCE A-2.32, FORWARDED FOR OUR CONSIDERATION AN INVOICE DATED JANUARY 27, 1964, OF HUMBLE OIL AND REFINING COMPANY IN THE AMOUNT OF $9,595.80 FOR THE DUTY IT PAID THE GOVERNMENT OF INDIA ON FUEL FURNISHED WEATHER BUREAU AIRCRAFT WHILE PARTICIPATING IN THE INTERNATIONAL INDIAN OCEAN EXPEDITION.

THE INDIAN DUTY OF $9,595.80 FOR WHICH HUMBLE OIL SEEKS REIMBURSEMENT WAS ADMINISTRATIVELY DEDUCTED FROM THE COMPANY'S INVOICE NO. 907940, DATED OCTOBER 25, 1963, BECAUSE OF DOUBT AS TO THE PROPRIETY OF ITS PAYMENT BY THE BUREAU. IT APPEARS THAT BY AN EXCHANGE OF NOTES BETWEEN THE AMERICAN EMBASSY, NEW DELHI, AND THE MINISTRY OF EXTERNAL AFFAIRS OF INDIA AN AGREEMENT WAS REACHED, EFFECTIVE APRIL 23, 1963, WHEREBY THE GOVERNMENT OF INDIA AGREED THAT "THE AIRCRAFT AND THE SUPPORTING SUPPLIES AND EQUIPMENT WILL BE ELIGIBLE FOR GRANT OF CONCESSIONS FROM CUSTOMS, IMPORT AND EXPORT DUTIES * * *.' 14 UST 454,457. THE RECORD INDICATES THE GOVERNMENT OF INDIA WILL REFUND THE DUTY PAYMENTS INVOLVED, AND THUS THE SOLE QUESTION PRESENTED IS WHETHER THE COMPANY MAY BE REIMBURSED PENDING REFUND BY THE GOVERNMENT OF INDIA.

IT DOES NOT APPEAR FROM THE RECORD THAT AT THE TIME OF THE DELIVERIES OF THE DUTY-PAID FUEL HUMBLE OIL OR ESSO STANDARD EASTERN, INC., BOMBAY, INDIA, THE AFFILIATE WHICH ACTUALLY SUPPLIED THE FUEL TO THE WEATHER BUREAU AIRCRAFT IN INDIA, WAS ADVISED OR HAD KNOWLEDGE OF THE DUTY CONCESSION. NOR DOES IT APPEAR THAT EITHER COMPANY CAN BE CHARGED WITH CONSTRUCTIVE NOTICE OF THE CONCESSION AS THE NOTES EFFECTING THE AGREEMENT OF APRIL 23, 1963, WERE NOT PUBLISHED UNTIL MARCH 1964. THE LATTER FACT WAS INFORMALLY ASCERTAINED FROM THE STATE DEPARTMENT.

YOU ARE ADVISED WE PERCEIVE NO OBJECTION TO YOUR CERTIFICATION OF THIS CLAIM FOR PAYMENT, IF OTHERWISE PROPER, WITH THE UNDERSTANDING THAT APPROPRIATE DISPOSITION WILL BE MADE OF THE REFUND FROM THE GOVERNMENT OF INDIA.

THE HUMBLE OIL AND REFINING COMPANY'S INVOICE NO. 157 OF JANUARY 27, 1964, IN THE AMOUNT OF $9,595.80 IS RETURNED HEREWITH.