B-145712, AUG. 1, 1961
Highlights
SINCE THE FACTS INVOLVED WERE FULLY SET OUT IN OUR DECISION OF MAY 26. THEY WILL NOT BE REPEATED HERE. EIGHTY PERCENT OF THE TOTAL WEIGHT OF YOUR SHIPMENT WAS LESS THAN 7. UNDER WHICH THOSE EXECUTIVE ORDERS WERE ISSUED. WILL BE 7. THE CHARGE FOR SHIPPING YOUR HOUSEHOLD EFFECTS WAS BASED UPON THE UNCRATED WEIGHT AND. 000 POUND LIMITATION IS APPLICABLE. THE NET WEIGHT OF THE HOUSEHOLD EFFECTS SHIPPED WAS DETERMINED AT POINT OF ORIGIN BY JOHANN BIRKART. THERE WAS NO NEED IN THE CIRCUMSTANCES TO RESORT TO THE FORMULA PRESCRIBED IN THE EXECUTIVE ORDER. THE NET WEIGHT SO DETERMINED WHICH WAS IN EXCESS OF 7.
B-145712, AUG. 1, 1961
TO PROFESSOR KALMAN J. DEJUHASZ:
ON JULY 1, 1961, YOU REQUESTED THAT WE RECONSIDER OUR DECISION OF MAY 26 WHICH AFFIRMED OUR OFFICE SETTLEMENT OF MARCH 10, CONFIRMING YOUR INDEBTEDNESS TO THE UNITED STATES FOR $358.54, WHICH AROSE FROM YOURSHIPMENT OF AN EXCESS WEIGHT OF HOUSEHOLD EFFECTS FROM HEIDELBERG, GERMANY, TO STATE COLLEGE, PENNSYLVANIA, IN CONNECTION WITH YOUR RETURN TO THE UNITED STATES AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.
SINCE THE FACTS INVOLVED WERE FULLY SET OUT IN OUR DECISION OF MAY 26, THEY WILL NOT BE REPEATED HERE.
YOU CONTEND, IN EFFECT, THAT YOU DID NOT TRANSPORT AN EXCESS WEIGHT OF HOUSEHOLD EFFECTS BECAUSE SECTION 17 OF EXECUTIVE ORDER NO. 9805 AS AMENDED BY EXECUTIVE ORDER NO. 10196 PROVIDES THAT THE NET WEIGHT OF THE GOODS SHIPPED SHALL BE CONSIDERED AS EIGHTY PERCENT OF THE TOTAL WEIGHT INCLUDING PACKING MATERIALS, ETC., AND EIGHTY PERCENT OF THE TOTAL WEIGHT OF YOUR SHIPMENT WAS LESS THAN 7,000 POUNDS, THE MAXIMUM ALLOWANCE. SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, 5 U.S.C. 73B-1, UNDER WHICH THOSE EXECUTIVE ORDERS WERE ISSUED, PROVIDES THAT THE MAXIMUM WEIGHT OF HOUSEHOLD EFFECTS THAT MAY BE SHIPPED AT GOVERNMENT EXPENSE, IF UNCRATED, WILL BE 7,000 POUNDS.
THE CHARGE FOR SHIPPING YOUR HOUSEHOLD EFFECTS WAS BASED UPON THE UNCRATED WEIGHT AND, THUS, THE 7,000 POUND LIMITATION IS APPLICABLE. THE NET WEIGHT OF THE HOUSEHOLD EFFECTS SHIPPED WAS DETERMINED AT POINT OF ORIGIN BY JOHANN BIRKART, LUDWIGSHAFEN, BY SUBTRACTING THE KNOWN WEIGHT OF PACKING MATERIALS (TARE) FROM THE KNOWN GROSS WEIGHT OF THE SHIPMENT. THERE WAS NO NEED IN THE CIRCUMSTANCES TO RESORT TO THE FORMULA PRESCRIBED IN THE EXECUTIVE ORDER. THE NET WEIGHT SO DETERMINED WHICH WAS IN EXCESS OF 7,000 POUNDS SERVED AS THE BASIS FOR THE CARRIER'S BILLS TO THE GOVERNMENT AND THE PAYMENT THEREOF BY THE GOVERNMENT.
THEREFORE, YOU ARE INDEBTED TO THE GOVERNMENT FOR $358.54, WHICH SHOULD BE PAID TO THE UNITED STATES GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C. ..END :