B-166745, AUG. 19, 1969

B-166745: Aug 19, 1969

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WHERE BILL OF LADING SHOWS TOTAL CUBE MEASUREMENT AND WEIGHT SO THAT CUBIC DENISTY CAN BE ASCERTAINED THERE HAS BEEN COMPLIANCE WITH REQUIREMENT FOR SHOWING CUBIC DENSITY ON BILL OF LADING BEARING RATE BASED ON DENSITY OF 9 POUNDS OR MORE IS FOR APPLICATION. 647 POUNDS WERE ORIGINALLY BILLED BY YOU AND PAID BY THE U.S. APPLICABLE CHARGES WERE CONSIDERED TO BE $2. THE SUM OF $567.04 WAS DEDUCTED FROM AMOUNTS OTHERWISE DUE. YOU CONTEND THAT THE RATES IN ITEM 840 OF QUOTATION NO. 15 DO NOT APPLY TO THIS SHIPMENT DUE TO THE FACT THAT THE LISTING OF AMMUNITION (NON- EXPLOSIVE GROUP) IS SUBJECT TO THE NOTE WHICH STATES THAT THE RATES NAMED APPLY ONLY WHEN THE ARTICLES HAVE A DENSITY OF 9 POUNDS OR MORE PER CUBIC FOOT AND THEN ONLY WHEN SUCH CUBIC DENSITY IS LISTED ON THE BILL OF LADING BY THE SHIPPER AT THE TIME OF SHIPMENT.

B-166745, AUG. 19, 1969

TRANSPORTATION - FREIGHT CHARGES - BILL OF LADING INFORMATION DECISION SUSTAINING DISALLOWANCE OF CLAIM OF RED BALL MOTOR FREIGHT, INC. FOR ADDITIONAL FREIGHT CHARGES FOR SHIPMENT OF EMPTY CARTRIDGE CASES FOR CANNON. WHERE BILL OF LADING SHOWS TOTAL CUBE MEASUREMENT AND WEIGHT SO THAT CUBIC DENISTY CAN BE ASCERTAINED THERE HAS BEEN COMPLIANCE WITH REQUIREMENT FOR SHOWING CUBIC DENSITY ON BILL OF LADING BEARING RATE BASED ON DENSITY OF 9 POUNDS OR MORE IS FOR APPLICATION.

TO RED BALL MOTOR FREIGHT, INC.:

WE REFER TO YOUR LETTER OF JULY 31, 1969, WITH ENCLOSURES, REQUESTING REVIEW OF OUR TRANSPORTATION DIVISION'S SETTLEMENT CERTIFICATE DATED JULY 18, 1969, THAT DISALLOWED YOUR CLAIM OC-82258, BILL NO. 94517, OUR TK- 889532, FOR $567.04, REPRESENTING ADDITIONAL FREIGHT CHARGES CLAIMED FOR A SHIPMENT OF EMPTY CARTRIDGE CASES FOR CANNON WEIGHING 120,647 POUNDS, WHICH MOVED FROM RIVERBANK ARMY AMMUNITION PLANT, RIVERBANK, CALIFORNIA, TO DEFENSE, TEXAS, UNDER GOVERNMENT BILL OF LADING NO. E-7098351, DATED JULY 20, 1967.

FREIGHT CHARGES IN THE AMOUNT OF $3,221.27 BASED ON A RATE OF $2.67 A HUNDRED POUNDS APPLIED TO THE ACTUAL WEIGHT OF 120,647 POUNDS WERE ORIGINALLY BILLED BY YOU AND PAID BY THE U.S. ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA.

IN THE AUDIT OF THE PAYMENT VOUCHER HERE, APPLICABLE CHARGES WERE CONSIDERED TO BE $2,654.23 COMPUTED AT THE RATE OF $2.20 PER HUNDRED POUNDS APPLIED TO 120,647 POUNDS AS SHOWN IN ITEM 840 ON 4TH REVISED PAGE 83-C OF ROCKY MOUNTAIN MOTOR TARIFF BUREAU U.S. GOVERNMENT QUOTATION I.C.C. NO. 15 (HEREAFTER QUOTATION NO. 15), EFFECTIVE JULY 17, 1967. WHEN YOUR COMPANY REFUSED TO REFUND THE RESULTING OVERCHARGE, THE SUM OF $567.04 WAS DEDUCTED FROM AMOUNTS OTHERWISE DUE.

YOU CONTEND THAT THE RATES IN ITEM 840 OF QUOTATION NO. 15 DO NOT APPLY TO THIS SHIPMENT DUE TO THE FACT THAT THE LISTING OF AMMUNITION (NON- EXPLOSIVE GROUP) IS SUBJECT TO THE NOTE WHICH STATES THAT THE RATES NAMED APPLY ONLY WHEN THE ARTICLES HAVE A DENSITY OF 9 POUNDS OR MORE PER CUBIC FOOT AND THEN ONLY WHEN SUCH CUBIC DENSITY IS LISTED ON THE BILL OF LADING BY THE SHIPPER AT THE TIME OF SHIPMENT.

BILL OF LADING NO. E-7098351 SHOWS THE "TOTAL CUBE" OF THE SHIPMENT AS 5,373 AND THE WEIGHT AS 120,647 POUNDS. THUS, THE INFORMATION FURNISHED ON THE FACE OF THE BILL OF LADING CLEARLY SHOWS THAT THE DENSITY OF THE ARTICLES SHIPPED EXCEEDS 9 POUNDS PER CUBIC FOOT; IN FACT, THE DENSITY IS IN EXCESS OF 22 POUNDS PER CUBIC FOOT. THIS CONSTITUTES SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENT THAT CUBIC DENSITY BE SHOWN ON THE BILL OF LADING. IN THIS CONNECTION, SEE CAMPBELL ,66" EXPRESS, INC. V UNITED STATES, 302 F.2D 270, 272 (1962).

ACCORDINGLY, OUR SETTLEMENT WHICH DISALLOWED YOUR CLAIM FOR $567.04 IS SUSTAINED. SEE IN THIS CONNECTION OUR DECISION OF JULY 22, 1969, B 166276, TO YOU, INVOLVING A SIMILAR MATTER.