B-150913, JAN. 22, 1964

B-150913, JAN. 22, 1964

TO MR. HARRY W. PAINE:

THIS REFERS TO YOUR LETTER OF JULY 25, 1963, REQUESTING REVIEW OF OUR OFFICE SETTLEMENT DATED MAY 29, 1963, WHICH DENIED YOUR REQUEST FOR RELIEF OF AN INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $990.98.

BY TRAVEL AUTHORIZATION DATED SEPTEMBER 28, 1959, YOU WERE AUTHORIZED TO TRANSPORT AT GOVERNMENT EXPENSE HOUSEHOLD EFFECTS NOT TO EXCEED 7,500 POUNDS NET FROM PANAMA CITY, PANAMA, TO CURITIBA, BRAZIL, INCIDENT TO A CHANGE OF OFFICIAL HEADQUARTERS. THE REMAINDER OF YOUR EFFECTS SHIPPED UNDER PREVIOUS TRAVEL ORDERS WAS TO BE SHIPPED TO YOUR RESIDENCE IN THE UNITED STATES. THE ORDER ALSO AUTHORIZED YOU TO SHIP NOT TO EXCEED 600 POUNDS GROSS OF UNACCOMPANIED BAGGAGE OF WHICH 200 POUNDS COULD BE SHIPPED BY AIR FOR THAT PORTION OF TRAVEL PERFORMED BY AIR. AS THE RESULT OF THE EXCESS WEIGHT SHIPPED YOU WERE CERTIFIED BY THE ADMINISTRATIVE OFFICE TO BE INDEBTED IN THE AMOUNT OF $990.98.

IT IS REPORTED TO BE THE POLICY OF THE MISSION WHERE YOU WERE STATIONED IN PANAMA CITY TO CALL FOR BIDS ON PACKING AND CRATING AND SHIPMENT OF HOUSEHOLD EFFECTS. THE SELECTION OF THE PACKER (CAIN BROTHERS, INC.) FOR THE PREPARATION OF THE GOODS AND EFFECTS WAS BASED ON BIDS RECEIVED FROM TWO QUALIFIED FIRMS IN THE AREA. THE MISSION STATES IT SPENT CONSIDERABLE TIME IN ATTEMPTING TO DETERMINE IF THE PACKER WAS AT FAULT IN PROCESSING YOUR SHIPMENT. THEY FAILED TO FIND EVIDENCE THAT THE PACKER DID NOT FULFILL HIS OBLIGATION TO THE MISSION.

YOU SAY THAT EN ROUTE TO BRAZIL IN OCTOBER 1959, YOU STOPPED OFF AT PANAMA CITY AT YOUR OWN EXPENSE TO RECHECK THE SHIPMENT OF YOUR FURNITURE AND FOUND THAT YOUR EFFECTS WERE ALREADY PACKED IN VANS INSTEAD OF BEING LOOSE PACKED AND STORED AS ARRANGEMENTS HAD BEEN MADE FOR THEM TO BE. IN ANY EVENT YOU DESIGNATED CERTAIN EFFECTS TO BE REMOVED FROM THE SHIPMENT TO BRAZIL (STATED TO HAVE BEEN 3,000 POUNDS) AND ADDED TO THE SHIPMENT TO THE UNITED STATES. WE UNDERSTAND FROM YOUR LETTER OF JULY 25, 1963, THAT YOU BELIEVE THE EXCESS WEIGHT OF GOODS SHIPPED IN YOUR CASE RESULTED FROM THE NEGLIGENCE OF THE COMPANY, THAT WAS SELECTED BY THE GOVERNMENT, TO PACK AND SHIP YOUR EFFECTS AND THAT YOU DISCLAIM LIABILITY FOR THE EXCESS COST FOR THAT REASON. IN OTHER WORDS, YOU FEEL THAT THE WEIGHT OF THE EFFECTS YOU SELECTED FOR REMOVAL FROM THE SHIPMENT TO BRAZIL FOR ADDING TO THE SHIPMENT TO THE UNITED STATES WAS NEVER DEDUCTED FROM THE TOTAL WEIGHT SHIPPED TO BRAZIL.

YOU POINT OUT THAT THE SHIPMENT TO THE UNITED STATES (MIAMI, FLORIDA) AS WEIGHED IN AT MIAMI AMOUNTED TO OVER 6,000 POUNDS, WHEREAS THE CAIN BROTHERS SHIPMENT LISTED IT AT 3,904 POUNDS. WE HAVE FINALLY OBTAINED FROM THE ADMINISTRATIVE OFFICE COPIES OF VOUCHERS SHOWING THAT THE SHIPMENT MADE BY AIR TO FLORIDA WAS ORIGINALLY BILLED AS 3,904 POUNDS AND AFTER ARRIVING IN FLORIDA IT WEIGHED IN AT 6,100 POUNDS. WHILE THE UNITED STATES PAID FOR THE SHIPMENT OF 11,640 POUNDS TO BRAZIL (5 SEA VANS AND 1 CRATE OF PERSONAL EFFECTS) UNDER THE CIRCUMSTANCES WE WILL DEDUCT THE DIFFERENCE IN WEIGHT BETWEEN 6,100 POUNDS AND 3,904 POUNDS FROM YOUR SHIPMENT TO BRAZIL AND RECOMPUTE YOUR INDEBTEDNESS AS FOLLOWS:

CHART

UNACCOMPANIED BAGGAGE - AUTHORIZED ---------- 600 LBS. GROSS

SHIPPED AIR --------------------------------- 185 LBS. GROSS

ALLOWABLE BY SURFACE ------------------------ 415 LBS. GROSS

IN COMPUTING THE NET WEIGHT OF THE SHIPMENT TO FLORIDA (3,904 LBS. GROSS) THE ADMINISTRATIVE OFFICE SHOWS 3,718 LBS. NET. THIS IS ALLOWING APPROXIMATELY 5 PERCENT FOR PACKING. IN ALLOWING CREDIT TOWARDS YOUR BRAZIL SHIPMENT WE HAVE USED THE SAME FORMULA, 6,100 MINUS 3,904 EQUALS 2,196 LBS. GROSS OR 2,087 LBS. NET.

HOUSEHOLD EFFECTS - AUTHORIZED (NET) 7,500 PLUS 1,340 PLUS 415 OR A

TOTAL OF 9,255 LBS. BY SURFACE TRANSPORTATION.

AMOUNTS PAID BY UNITED STATES

UNITED FRUIT CO. - OCEAN FREIGHT - BALBOA/SANTOS $2,157.97

CAIN BROTHERS, INC. - PACKING, TRUCKING, ETC. 1,640.70

A. LUZITANA LTDS. - HAULING - SANTOS/CURITIBA 376.37

TOTAL $4,175.04

DEDUCTING 2,087 LBS. NET FROM 11,640 LBS., THE PURPORTED NET WEIGHT OF SHIPMENT TO BRAZIL LEAVES 9,553 LBS. AS NET WEIGHT OF AFFECTS ACTUALLY SHIPPED. THEREFORE, YOU ARE LIABLE FOR THE DIFFERENCE OF 298 LBS. (9,553 MINUS 9,255). DIVIDING $4,175.04 BY 11,640 GIVES .3586 CENTS PER POUND. 298 TIMES .3586 CENTS EQUALS $106.86, AMOUNT OWED BY YOU.

PAYMENT SHOULD BE MADE BY CHECK OR MONEY ORDER PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" AND FORWARDED TO THE FOLLOWING ADDRESS: U.S. GENERAL ACCOUNTING OFFICE POST OFFICE BOX 2610 WASHINGTON, D.C. 20013