B-132223, MAR. 14, 1958

B-132223: Mar 14, 1958

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INC.: REFERENCE IS MADE TO YOUR LETTER OF MARCH 5. OUR SETTLEMENT SUPPORTING THE AUDIT ACTION FINDING YOU OVERPAID $51.87 FOR THE SHIPMENT WAS SUSTAINED IN OUR DECISION OF JANUARY 2. WERE FULLY SET FORTH. HAVE NOT BEEN PROPERLY APPLIED TO THIS SHIPMENT. YOU WERE ADVISED IN OUR DECISION THAT ITEM 1070-B OF THE CITED SUPPLEMENT (WHICH YOU HAVE NOT MENTIONED) PROVIDES RULES FOR COMPUTING THE CHARGES ON MIXED VOLUME OR TRUCKLOAD SHIPMENTS. THAT SECTION 3 OF THAT ITEM PROVIDES THAT WHEN THE AGGREGATE CHARGE IS LESS BY USING VOLUME RATES AND VOLUME MINIMUM WEIGHTS UPON ONE OR MORE OF THE ARTICLES AND LESS-THAN-TRUCKLOAD RATES ON THE BALANCE. SUCH LOWER AGGREGATE CHARGE IS APPLICABLE. YOU WERE FURTHER ADVISED THAT NO EXCEPTION OR RESTRICTION IS FOUND PRECLUDING THE APPLICATION OF SECTION 3 OF ITEM 1070-B WHEN THE OVERFLOW RULE OF ITEM 2130-B IS APPLIED TO PART OF A SHIPMENT.

B-132223, MAR. 14, 1958

TO YELLOW TRANSIT FREIGHT LINES, INC.:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 5, 1958, REQUESTING RECONSIDERATION OF OUR DECISION B-132223, DATED JANUARY 2, 1958, PERTAINING TO YOUR CLAIM PER BILL NO. 9191-A FOR ADDITIONAL FREIGHT CHARGES ALLOWED TO BE DUE FOR THE TRANSPORTATION OF 136 PIECES OF MISCELLANEOUS FREIGHT AGGREGATING 35,664 POUNDS, LOADED IN THREE TRAILERS, UNDER GOVERNMENT BILL OF LADING NO. WY-2389748, DATED JANUARY 8, 1954.

OUR SETTLEMENT SUPPORTING THE AUDIT ACTION FINDING YOU OVERPAID $51.87 FOR THE SHIPMENT WAS SUSTAINED IN OUR DECISION OF JANUARY 2, 1958, IN WHICH THE FACTS AND CIRCUMSTANCES GIVING RISE TO YOUR CLAIM, AS WELL AS THE BASIS FOR OUR ACTION, WERE FULLY SET FORTH.

RESPECTING YOUR CONTENTION THAT THE PROVISIONS OF ITEM 2130-B OF SUPPLEMENT NO. 20 TO SOUTHWESTERN MOTOR FREIGHT BUREAU TARIFF NO. 301, MF- I.C.C. NO. 185, HAVE NOT BEEN PROPERLY APPLIED TO THIS SHIPMENT, YOU WERE ADVISED IN OUR DECISION THAT ITEM 1070-B OF THE CITED SUPPLEMENT (WHICH YOU HAVE NOT MENTIONED) PROVIDES RULES FOR COMPUTING THE CHARGES ON MIXED VOLUME OR TRUCKLOAD SHIPMENTS, AND THAT SECTION 3 OF THAT ITEM PROVIDES THAT WHEN THE AGGREGATE CHARGE IS LESS BY USING VOLUME RATES AND VOLUME MINIMUM WEIGHTS UPON ONE OR MORE OF THE ARTICLES AND LESS-THAN-TRUCKLOAD RATES ON THE BALANCE, SUCH LOWER AGGREGATE CHARGE IS APPLICABLE. YOU WERE FURTHER ADVISED THAT NO EXCEPTION OR RESTRICTION IS FOUND PRECLUDING THE APPLICATION OF SECTION 3 OF ITEM 1070-B WHEN THE OVERFLOW RULE OF ITEM 2130-B IS APPLIED TO PART OF A SHIPMENT. THE CONTENTS OF YOUR LETTER HAVE BEEN CAREFULLY EXAMINED AND YOU HAVE NOT PRESENTED ANY FACTS OR EVIDENCE THAT WERE NOT FULLY CONSIDERED IN OUR PREVIOUS DECISION. ACCORDINGLY, THE CONCLUSION REACHED IN THAT DECISION IS REAFFIRMED.