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B-183940 1 (1975-08-27)

handle is hein.gao/gaobadcnj0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION f11\1. OF TI-1 E UNITED STATES WASHINGTON, 0. C. 2054B FILE: DATE: AUG 2 7 1975 B- 183940 MATTER OF: Sea-Land Service, Inc. DIGEST: When ocean carrier has issued joint tender with a motor or rail carrier and the motor or rail carrier is subject to 3-year statute of limitations under 49 U.S.C. 66 and that time period has expired, the ocean carrier's claim for the applicable trans- portation charges is barred. Sea-Land Service, Inc. (Sea-Land), by letter dated September 25, 1974, requests review of the action taken by the Transportation and Claims Division (TCD) of the General Accounting Office on its claims for transportation charges of $3,012.15. TCD returned Sea- Land's claim invoices to that carrier by letter of October 11, 1973, and June 24, 1974, because the claim was not received in the General Accounting Office prior to the expiration of the 3-year statute of limitations in 49 U.S.C. 66 (Supp. III 1973). Sea-Land points out that the two transportation shipments for which their claim for transportation charges is made involve foreign ports and took place prior to the 1972 amendment of 49 U.S.C. 66, Pub. L. 92-550. Sea-Land contends that the applicable code provision is 31 U.S.C. 71a (1970), with its 10-year limitation period, and that Sea-Land is not time barred. TCD determined that the two claims for transportation charges were barred from consideration here by Section 322 of the Trans- portation Act of 1940, as amended, 49 U.S.C. 66 (Supp. III 1973). A similar decision involving a subsidiary of Sea-Land was rendered May 14, 1974, B-i78546, and pertained to shipments from Puerto Rico to the United States. Certificate in Lieu of Lost U.S. Government Bill of Lading (GBL) F-5378532 shows that the original bill of lading was issued on February 4, 1970, to cover the transportation of a shipment of chilled meat from Rochester, New York, to Rotterdam, Netherlands. The record also shows that the shipment was tendered to Beaney Transport Limited, thence Sea-Land, marked FOR: EXPORT - THRU BILL, and the tariff or special rate authority is shown as Sea- Land Service, Inc., Freight Tariff 138. P1t3L1im prCISION

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