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B-188072 1 (1977-11-28)

handle is hein.gao/gaobadfkp0001 and id is 1 raw text is: I I THi CIMPTRL.LSI NEAL DECISION .t OF THE UNITED BTATE S'D -' 1W'ASHINGTON. D.C. 2C54M FILE: B-188072 OATE: NO 28197/ MATTER OF: Navajo Freigt Lines, Inc. DiGEST: Carrier's claim for amount administratively deducted from it for an cvercharge is disallowed where there is substantial compliance with tariff item so that rtes may be applied and where carrIer had knowledge of application of special rate. Navajo Freight Lines, Inc. (Havajo), under its Claim No. 52059, requests a review oi a final settlement and subsequeat deducticn action in th amount of $415.80 taken by the Ceneral Services Administratlon (GSA) on September 9, 1976. The review of settle:1nt is being oade by this Office under tbe provisions of 49 U.S.C. 6G(b) (Supp. 1, 1975), and 4 C.F.R. 53.3 (1977). The record shows that lNavajo fcked up n shipr.ent on Septembar 26, 1973, of 100 cyllndets dencribed on Government bill of ladin- (CZL) 11-4766092 as, Cylinder. hllli cmpty for shipping air, gas. or liquid steel 110I old used. The -hip-.ent was picked up at the Jet 1ropulsion Lab, Pasadena, California, and was consibinod to the Bureau of Ifineu, soncy. Coxas, Navajo billed and van paid freight charges ot 4900.24, based )n a rnte of *6.82 per hundred paunds, applied to the actual weight of the shipnient. GSA deternined in its audit of tcansoortation charges that a lower rate of $3.67 par hundredweight was available and published in ILem No. 4370 of Tar-.I f No. 26-1, 1T-ICC 155, published by the Rocky Nountain Iotor Triff Bureau, Inc. (later redesiCasted as ICC rWi) 226). Item No. 4370, cutitled CA!'7RIER3, SECOND HAIUD, EMPTY, RETURlNED, states in pa-:tI Note 1- Exceot as otherwise provided it Note 2 Lnot germane /, rates epply only when the iurediate preceding transportation of the filled contai.±Crs to the shippirg point of the ar~ty containers was rrac'e by the identical carrier or carriers transporting tha clmpty containers and to which fact the shipper has certified on the bill of lading at the time of shipment. Navajo contends that Itm lo. 4370 does not apply in this case because the shipper's annotation on GI. 11-4766092 is meaningless as it jtb -1- Wl I I

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