Carrier's Claim for Difference in Freight Charges Based on Applicability of Section 22 of the Interstate Commerce Act

B-190739: Mar 30, 1978

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A carrier requested review of the disallowance of its claim for an amount on 12 shipments representing the difference between freight charges originally collected based on Section 22 of the Interstate Commerce Act and those based on a commercial tariff. Claims of five shipments were barred by the 3-year statute of limitations. The rates in Section 22 quotations apply to Foreign Military Sales shipments in the absence of proof that the Government did not receive direct and entire benefit of the rates and did not bear the transportation costs. The carrier did not meet the burden of proof of the validity of its transportation charges.