B-128861, OCT. 4, 1956

B-128861, OCT. 4, 1956

TO MOTOR CARGO, INC.:

REFERENCE IS MADE TO YOUR PROTEST, FILE CLAIM NO. 25373, AS TO THE ACTION OF OUR TRANSPORTATION DIVISION IN DEDUCTING, FROM MONEY OTHERWISE OWING ON YOUR BILL NO. 7167, THE AMOUNT OF $46.61 FOR AN OVERPAYMENT OF FREIGHT CHARGES ON GOVERNMENT BILLS OF LADING NOS. WW 2570097 AND WW-2570098, DATED SEPTEMBER 26 AND OCTOBER 9, 1950, RESPECTIVELY.

IT IS YOUR UNDERSTANDING THAT THE OVERPAYMENT WAS DETERMINED ON THE BASIS OF THE NORMAL THROUGH TRUCKLOAD RATES. YOU CONTEND THAT, SINCE THE EXCLUSIVE USE OF TRUCKS WAS REQUESTED AND FURNISHED, THE APPLICABLE RATES ARE THE HIGHER RATES DERIVED BY APPLICATION OF THE EXCLUSIVE USE PROVISIONS OF EASTERN CENTRAL MOTOR CARRIERS ASSOCIATION TARIFFS. OUR NOTICE OF OVERPAYMENT FORM 1003, DATED AUGUST 3, 1953, A COPY OF WHICH WAS SENT TO YOU, INDICATES THAT THE OVERPAYMENT WAS DETERMINED ON THE BASIS OF LOWER FREIGHT CHARGES DERIVED FROM THE USE OF AN AGGREGATE OF INTERMEDIATE RATES NAMED IN MIDDLE ATLANTIC STATES MOTOR CARRIERS CONFERENCE TARIFF NO. 2-D, MF-I.C.C. NO. A-256, FOR APPLICATION TO NEW CASTLE, PENNSYLVANIA, AND IN CENTRAL STATES MOTOR FREIGHT BUREAU TARIFF NO. 220-B, MF-I.C.C. NO. 191, FOR APPLICATION FROM NEW CASTLE TO DESTINATION. AS THUS COMPUTED THE FREIGHT CHARGES EXCEED THOSE BASED ON A MINIMUM WEIGHT OF 10,000 POUNDS AT THE FIRST-CLASS RATE, PURSUANT TO THE PROVISIONS OF RULE 29 OF THE NATIONAL MOTOR FREIGHT CLASSIFICATION EXCEPTIONS TARIFF NO. 10-H, MF- I.C.C. NO. A-310, AND OF ITEM 200 OF THE CENTRAL STATES MOTOR FREIGHT BUREAU TARIFF NO. 220-B, FOR EXCLUSIVE USE OF TRUCKS.

SINCE IT APPEARS THAT PROPER EFFECT WAS GIVEN, IN THE AUDIT ACTION OF OUR TRANSPORTATION DIVISION, TO PERTINENT TARIFF PROVISIONS WHICH CONTEMPLATE THE EXCLUSIVE USE OF THE TRUCKS INVOLVED, AND SINCE NO OTHER APPROPRIATE BASIS HAS BEEN ASSERTED FOR AMENDING THAT ACTION, WE WOULD NOT BE JUSTIFIED IN REVISING THE AUDIT BASIS USED.