B-166276, JUL. 22, 1969

B-166276, JUL. 22, 1969

TRANSPORTATION - FREIGHT CHARGES DECISION TO RED BALL MOTOR FREIGHT, INC., AUTHORIZING REVISION OF SETTLEMENT TO ALLOW ADDITIONAL FREIGHT CHARGES ON SHIPMENT OF CARTRIDGE CASES FROM TRAVIS AIR FORCE BASE TO DEFENSE, TEXAS.

TO RED BALL MOTOR FREIGHT, INC.:

WE REFER TO YOUR LETTER OF FEBRUARY 24, 1969, AND ENCLOSURES, ACKNOWLEDGED MARCH 10, 1969, REQUESTING REVIEW OF THE SETTLEMENT CERTIFICATE DATED FEBRUARY 19, 1969, BY OUR TRANSPORTATION DIVISION THAT DISALLOWED YOUR CLAIM NO. 73652 ON BILL NO. 90651-SUPP., OUR TK 882199, FOR $381, REPRESENTING ADDITIONAL FREIGHT CHARGES CLAIMED FOR A SHIPMENT OF CARTRIDGE CASES, EMPTY, FOR CANNON, WEIGHING 30,000 POUNDS, WHICH MOVED FROM TRAVIS AIR FORCE BASE, CALIFORNIA, TO DEFENSE, TEXAS, UNDER GOVERNMENT BILL OF LADING D-4608630, DATED JANUARY 14, 1967.

FREIGHT CHARGES IN THE AMOUNT OF $1,395 BASED ON A RATE OF $4.65 A HUNDRED POUNDS APPLIED TO THE ACTUAL WEIGHT OF 30,000 POUNDS WERE BILLED AND PAID. YOU STATE THE SHIPMENT WAS RATED IN ACCORDANCE WITH RATES PUBLISHED IN U.S. GOVERNMENT QUOTATION I.C.C. NO. 19 IN EFFECT AT THE TIME OF MOVEMENT.

IN THE AUDIT OF THE PAYMENT VOUCHER HERE, APPLICABLE CHARGES WERE CONSIDERED TO BE $1,014 COMPUTED AT THE RATE OF $3.38 PER HUNDRED POUNDS APPLIED TO 30,000 POUNDS AS SHOWN IN ITEM 840 ON 21ST REVISED PAGE 81 OF ROCKY MOUNTAIN MOTOR TARIFF BUREAU U.S. GOVERNMENT QUOTATION I.C.C. NO. 15 (HEREAFTER QUOTATION NO. 15), EFFECTIVE JANUARY 2, 1967. WHEN YOUR COMPANY REFUSED TO REFUND THE RESULTING OVERCHARGE, THE SUM OF $381 WAS DEDUCTED FROM AMOUNTS OTHERWISE DUE.

YOU CONTEND THAT THE RATES IN ITEM 840 OF QUOTATION NO. 15 DO NOT APPLY TO THIS SHIPMENT DUE TO THE FACT THAT THE LISTING OF AMMUNITION (NON- EXPLOSIVE GROUP) IS SUBJECT TO THE NOTE WHICH STATES THAT THE RATES NAMED APPLY ONLY WHEN THE ARTICLES HAVE A DENSITY OF 9 POUNDS OR MORE PER CUBIC FOOT AND THEN ONLY WHEN SUCH CUBIC DENSITY IS LISTED ON THE BILL OF LADING BY THE SHIPPER AT THE TIME OF SHIPMENT. THE BILL OF LADING SHOWS THE "CUBE" AS 1,065 AND THE WEIGHT AS 30,000 POUNDS. THUS, THE INFORMATION FURNISHED CLEARLY SHOWS THAT THE DENSITY OF THE ARTICLES SHIPPED EXCEEDS 9 POUNDS PER CUBIC FOOT; IN FACT, THE DENSITY IS IN EXCESS OF 28 POUNDS PER CUBIC FOOT. THIS CONSTITUTES SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENT THAT CUBIC DENSITY BE SHOWN ON THE BILL OF LADING. IN THIS CONNECTION, SEE CAMPBELL "66" EXPRESS INC. V UNITED STATES, 302 F.2D 270, 272 (1962).

UPON FURTHER DEVELOPMENT OF THE RECORD, HOWEVER, WE AGREE WITH YOUR POSITION THAT ON JANUARY 14, 1967, WHEN THIS SHIPMENT MOVED, THE ONLY APPLICABLE RATE PROVIDED BY ITEM 840 FOR THE ARTICLES SHIPPED WAS $3.05 FOR A 40,000-POUND TRUCKLOAD MINIMUM WEIGHT. WE HAVE, ACCORDINGLY, TODAY AUTHORIZED AND DIRECTED OUR TRANSPORTATION DIVISION TO REVISE ITS SETTLEMENT OF YOUR CLAIM WITHOUT USING THE $3.38 RATE ON 30,000 POUNDS. YOU WILL RECEIVE A REVISED NOTICE OF SETTLEMENT IN DUE COURSE.