B-170829, FEB 22, 1971
Highlights
NOTICE THAT GAO'S TRANSPORTATION DIVISION WILL RECOMPUTE THE CHARGES ON THE SHIPMENT. CLAIMANT WILL BE NOTIFIED OF ANY ADDITIONAL AMOUNTS DUE. SAYERS & SCURLOCK: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 14. YOU INDICATE THAT THERE ARE OTHER SIMILAR CLAIMS AND OVERCHARGES. ONLY THIS CLAIM IS PRESENTED FOR REVIEW. WE HAVE TODAY INSTRUCTED OUR TRANSPORTATION DIVISION TO RECOMPUTE THE CHARGES ON THE INVOLVED SHIPMENT. WHICH YOU CONTEND IS APPLICABLE TO THE SHIPMENT. YOU INDICATED THAT YOUR REQUEST FOR REVIEW WOULD GOVERN MANY OTHER OVERCHARGE DISPUTES WHICH ARE NOW PENDING HERE. IN THOSE SITUATIONS WHERE WE HAVE ALREADY COLLECTED THE OVERCHARGE. THAT IS. IT WILL BE WITHDRAWN BY OUR TRANSPORTATION DIVISION.
B-170829, FEB 22, 1971
TRANSPORTATION SERVICES - RECOMPUTATION OF CHARGES DECISION CONCERNING CLAIM BY TODDMAN TRANSPORT COMPANY FOR ADDITIONAL FREIGHT CHARGES OF $15.21 FOR TRANSPORTATION SERVICES RENDERED ON A SHIPMENT OF GOVERNMENT PROPERTY. NOTICE THAT GAO'S TRANSPORTATION DIVISION WILL RECOMPUTE THE CHARGES ON THE SHIPMENT, GIVING EFFECT TO MAGNOLIA TRANSPORTATION COMPANY, INC., TENDER I.C.C. NO. 1, AND CLAIMANT WILL BE NOTIFIED OF ANY ADDITIONAL AMOUNTS DUE.
TO RAWLINGS, SAYERS & SCURLOCK:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 14, 1970, WITH ENCLOSURES, IN WHICH YOU REQUEST REVIEW OF OUR SETTLEMENT CERTIFICATE OF SEPTEMBER 2, 1970 (OUR CLAIM NO. TK 914884). THE SETTLEMENT DISALLOWED THE CLAIM OF YOUR CLIENT, TODDMAN TRANSPORT COMPANY, FOR ADDITIONAL FREIGHT CHARGES OF $15.21 FOR TRANSPORTATION SERVICES RENDERED ON A SHIPMENT OF GOVERNMENT PROPERTY WHICH MOVED FROM RED RIVER ARMY DEPOT, DEFENSE, TEXAS, TO KELLY AIR FORCE BASE, SAN ANTONIO, TEXAS, UNDER GOVERNMENT BILL OF LADING NO. F-3821859, DATED JUNE 16, 1969.
YOU INDICATE THAT THERE ARE OTHER SIMILAR CLAIMS AND OVERCHARGES, BUT THAT FOR CONVENIENCE IN HANDLING, ONLY THIS CLAIM IS PRESENTED FOR REVIEW.
WE HAVE TODAY INSTRUCTED OUR TRANSPORTATION DIVISION TO RECOMPUTE THE CHARGES ON THE INVOLVED SHIPMENT, GIVING EFFECT TO MAGNOLIA TRANSPORTATION COMPANY, INC., TENDER I.C.C. NO. 1, WHICH YOU CONTEND IS APPLICABLE TO THE SHIPMENT. YOUR CLIENT SHOULD RECEIVE NOTICE OF ANY ADDITIONAL AMOUNT THAT MAY BE FOUND DUE IN DUE COURSE.
YOU INDICATED THAT YOUR REQUEST FOR REVIEW WOULD GOVERN MANY OTHER OVERCHARGE DISPUTES WHICH ARE NOW PENDING HERE. IN THOSE SITUATIONS WHERE WE HAVE ALREADY COLLECTED THE OVERCHARGE, UNDER THE USUAL PROCEDURES CARRIERS SUBMIT FORMAL CLAIMS FOR SUCH AMOUNTS AS THEY BELIEVE TO BE DUE. SEE 4 CFR 54. ACCORDINGLY, YOUR CLIENT IN SUCH CASES SHOULD PRESENT ITS CLAIMS FORMALLY SO THAT OUR TRANSPORTATION DIVISION CAN IDENTIFY THE TRANSACTION; WHERE AN OVERCHARGE HAS NOT BEEN COLLECTED, THAT IS, WHERE YOUR CLIENT HAS PROTESTED THE NOTICE OF OVERCHARGE, AND IF NO OTHER OVERCHARGE BASIS EXISTS, IT WILL BE WITHDRAWN BY OUR TRANSPORTATION DIVISION.