B-127573, AUG. 27, 1956

B-127573, AUG. 27, 1956

TO THE UNION PACIFIC RAILROAD COMPANY:

CONSIDERATION HAS BEEN GIVEN YOUR REQUEST FOR REVIEW OF OUR SETTLEMENT IN CLAIM TK-502355, WHICH DISALLOWED YOUR CLAIM, PER SUPPLEMENTAL BILL NO. IW -55160-A, FOR $80.80 AS A PART OF THE CHARGES ALLEGED TO BE DUE FOR TRANSPORTING A SHIPMENT DESCRIBED AS 29 BOXES OF "SHELL, H.E., N48, S.C. PM54 AMM 75-MM GUNS" AND 34 BOXES OF "ROCKET TARGET AA, 3.25," ROCKET PROJECTOR MI," WEIGHING 2,130 POUNDS AND 5,610 POUNDS, RESPECTIVELY, TOTAL 7,740 POUNDS, FROM HERLONG, CALIFORNIA, TO FORT LEWIS, WASHINGTON, ON BILL OF LADING NO. WQ 14002247, DATED JULY 7, 1943. THE ADMINISTRATIVE OFFICE HAS REPORTED THAT THE SHELLS IN THIS SHIPMENT ARE PROPERLY DESCRIBED AS "AMMUNITION FOR CANNON WITH EXPLOSIVE PROJECTILE AS DESCRIBED AS ORD-3, SML R-1" AND THE ROCKET INVOLVED, AS ,AMMUNITION FOR CANNON WITH EMPTY PROJECTILES AS DESCRIBED IN ORD-3, SNL S-9.'

FOR THIS TRANSPORTATION YOU ORIGINALLY CLAIMED $204.09 AND YOU WERE PAID ACCORDINGLY ON VOUCHER NO. 421648 IN THE SEPTEMBER 1943 ACCOUNTS OF MAJOR M. B. HALE, ARMY DISBURSING OFFICER. UPON THE AUDIT OF THIS PAYMENT IN OUR TRANSPORTATION DIVISION YOU WERE REQUESTED TO REFUND AN OVERPAYMENT OF $31.92, AND UPON YOUR FAILURE TO REFUND THIS AMOUNT IT WAS DEDUCTED IN MAKING PAYMENT OF ONE OF YOUR LATER BILLS. ACCORDINGLY, YOU HAVE BEEN PAID $172.17 ($204.09 LESS $31.92) FOR THE TRANSPORTATION OF THIS SHIPMENT.

UPON FURTHER EXAMINATION IT SEEMS THAT THE CHARGES FOR THIS TRANSPORTATION SHOULD, IN THE ABSENCE, AS HERE, OF A THROUGH ONE FACTOR RATE APPLICABLE ON THE SHIPMENT, BE COMPUTED ON THE BASIS OF A COMBINATION OF CLASS RATES. INASMUCH AS CLASS RATES NOW ARE USED IN OUR REVISED BASIS, THERE APPEARS TO BE NO OCCASION TO DISCUSS THE APPLICABILITY OF THE COMMODITY RATE PREVIOUSLY USED AS A PART OF THE THROUGH RATE WHICH YOU DISPUTED.

THE CHARGE ON THE SHELLS, H.E. (AMMUNITION FOR CANNON WITH EXPLOSIVE PROJECTILES), WEIGHING 2,130 POUNDS, IS FOR COMPUTATION ON THE BASIS OF A COMBINATION OF RATES CONSTRUCTED BY USE OF (1) FROM HERLONG TO WENDEL, CALIFORNIA, A DOUBLE FIRST-CLASS RATE OF 22 CENTS PER 100 POUNDS, PROVIDED IN PACIFIC FREIGHT TARIFF BUREAU TARIFF NO. 255-C, AGENT HAYNES' I.C.C. NO. 1427 AND ITEM NO. 1815 OF CONSOLIDATED FREIGHT CLASSIFICATION NO. 16; (2) FROM WENDEL,CALIFORNIA, TO PORTLAND, OREGON, A ONE AND ONE-HALF TIME FIRST-CLASS RATE OF $1.67 PER 100 POUNDS, LESS 12.248 PERCENT LANDGRANT, PROVIDED IN PACIFIC FREIGHT TARIFF BUREAU TARIFF NO. 234-B, AGENT HAYNES' I.C.C. NO. 1388, AND SUPPLEMENT NO. 37 TO PACIFIC FREIGHT TARIFF BUREAU TARIFF NO. 2-O, AGENT POTTER'S I.C.C. NO. 1278; AND (3) FROM PORTLAND TO DESTINATION, A DOUBLE FIRST-CLASS RATE OF $1.50 PER 100 POUNDS LESS 47.265 PERCENT LAND-GRANT, PROVIDED IN NORTH PACIFIC COAST FREIGHT BUREAU TARIFF NO. 65-F, AGENT WATSON'S I.C.C. NO. 677.

THE CHARGES ON THE ROCKET (AMMUNITION FOR CANNON WITH EMPTY PROJECTILES) PORTION OF THE SHIPMENT, WEIGHING 5,610 POUNDS, ARE FOR COMPUTATION ON THE BASIS OF A COMBINATION OF SECOND-CLASS RATES CONSTRUED BY USE OF (1) FROM HERLONG TO WENDEL, CALIFORNIA, 10 CENTS PER 100 POUNDS, PROVIDED IN PACIFIC FREIGHT TARIFF BUREAU TARIFF NO. 234 B, AGENT HAYNES' I.C.C. NO. 1388; AND (3) FROM PORTLAND TO DESTINATION 64 CENTS PER 100 POUNDS, LESS 47.265 PERCENT LAND-GRANT, PROVIDED IN NORTH PACIFIC COAST FREIGHT TARIFF NO. 65-F, AGENT WATSON'S I.C.C. NO. 677.

ON BASIS OF THE FOREGOING THE PROPER CHARGE ON THE SHELLS IS $52.75 AND ON THE ROCKETS, $74.02, OR A TOTAL AMOUNT OF $126.77. SINCE YOU WERE PAID $172.17 FOR THIS TRANSPORTATION, YOU HAVE BEEN OVERPAID $45.40 ($172.17 LESS $126.77), WHICH SHOULD BE REFUNDED TO AVOID COLLECTION BY APPROPRIATE ADJUSTMENT IN THE PAYMENT OF A CURRENT BILL.