B-142460, OCT. 18, 1960

B-142460, OCT. 18, 1960

TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTERS, UNDER YOUR FILE NO. G 622388- A, IN WHICH YOU REQUESTED REVIEW OF OUR SETTLEMENT CERTIFICATE OF FEBRUARY 1, 1960 (TK 681361), WHICH DISALLOWED YOUR SUPPLEMENTAL BILL FOR $250.78. THIS AMOUNT HAD PREVIOUSLY BEEN DEDUCTED FROM YOUR ACCOUNTS TO RECOVER AN OVERPAYMENT MADE TO YOUR COMPANY ON A TRANSIT SHIPMENT OF 35,000 POUNDS OF RAILWAY CAR PARTS FROM STOCKTON, CALIFORNIA, TO OAKLAND, CALIFORNIA, FOR EXPORT, ON GOVERNMENT BILL OF LADING NO. WZ-T-100005, DATED JULY 29, 1953. THE ARTICLES SHIPPED UNDER THIS TRANSIT BILLING WERE RECEIVED AT STOCKTON IN A SHIPMENT OF 58,185 POUNDS OF RAILWAY CAR PARTS WHICH ORIGINATED AT MT. VERNON, ILLINOIS, ON APRIL 29, 1953, AND MOVED TO STOCKTON FOR STORAGE IN TRANSIT.

FOR THE SERVICE FROM STOCKTON, TO OAKLAND, CALIFORNIA, YOU BILLED AND WERE PAID ON THE BASIS OF THE LOCAL RATES FROM THE TRANSIT POINT. IN THE AUDIT OF THE PAYMENT VOUCHER WE COMPUTED THE CHARGES ON THE THROUGH MOVEMENT FROM MT. VERNON, ILLINOIS, TO OAKLAND, CALIFORNIA, ON THE BASIS OF AN EXPORT RATE OF $1.13 PER 100 POUNDS, PLUS APPROPRIATE INCREASES, SUBJECT TO A MINIMUM WEIGHT OF 60,000 POUNDS, PLUS A TRANSIT CHARGE OF 6 1/2 CENTS PER 100 POUNDS, LESS A PORT ALLOWANCE OF 3 CENTS PER 100 POUNDS. ON THE THROUGH CHARGES OF $814.05 THUS COMPUTED, WE APPLIED AS A CREDIT THE TOTAL CHARGES PAID TO STOCKTON ON YOUR BILL NO. 619734.

YOUR REQUEST FOR REVIEW IN SUBSTANCE OBJECTS TO THE APPLICATION OF THE ENTIRE CHARGES PAID IN ON YOUR BILL 619734, INASMUCH AS THE 23,185 POUNDS REMAINING AT STOCKTON, AFTER CREDIT BILLING ON THIS SHIPMENT OF 35,000 POUNDS WAS APPLIED, WAS USED FOR CREDIT BILLING ON ANOTHER SHIPMENT TO OAKLAND, CALIFORNIA.

IN VIEW OF THE SITUATION PRESENTED BY THE TWO APPLICATIONS FOR CREDIT MADE AGAINST THE INBOUND CHARGES, WE HAVE RECONSIDERED THE MATTER OF THE ALLOWABLE CHARGES ON THIS SHIPMENT, AND HAVE GIVEN EFFECT TO ITEM 15 (G) OF EXECUTIVE COMMITTEE, WESTERN TARIFF ASSOCIATION, SECTION 22 QUOTATION NO. 38. IT HAS NOT BEEN DETERMINED THAT THE CHARGES FOR THE THROUGH MOVEMENT FROM MT. VERNON, ILLINOIS, TO OAKLAND, CALIFORNIA, SHOULD BE COMPUTED ON THE BASIS OF THE DOMESTIC RATE OF $1.48 PER 100 POUNDS, MINIMUM WEIGHT 50,000 POUNDS,NAMED IN ITEM 7250 OF TRANS-CONTINENTAL TARIFF 1-B, I.C.C. NO. 1551, ON THE TRANSIT WEIGHT OF 35,000 POUNDS. THE 15,000 POUND DEFICIT REQUIRED TO MAKE THE MINIMUM WEIGHT IS COMPUTED AT THE LOCAL RATE FROM THE TRANSIT POINT UNDER ITEM 15 (F) OF THE QUOTATION 38.

THE SETTLEMENT OF YOUR SUPPLEMENTAL BILL WILL BE MODIFIED TO THE EXTENT INDICATED, AND A REVISED SETTLEMENT WHICH WILL BE ISSUED SHOULD REACH YOU IN THE NEAR FUTURE.