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B-192872 1 (1979-05-07)

handle is hein.gao/gaobadhev0001 and id is 1 raw text is: 


DECISION


,<-0 ALER  CIA
       p  THE  COMPTROLLER GENERAL
          OF   THE UNITED STATES
          W   SASHINGTON, 0  C. 20548


FILE: B-192872                      DATE:       7,1979

MATTER OF: Yellow Freight System, Inc.              1-01


DIGEST:

1.   Presumption that bill of lading correctly described the article
     tendered for transportation is not conclusive; the important
     fact is what moved, not what was billed.

2.   Aircaft  maintenance platform may be considered knocked down
     when lowered and taken apart in such a manner as to reduce its
     bulk at least 33 1/3 percent from its normal shipping cubage
     when set up or assembled.

3.   Where guardrails of aircraft platform are removed and banded
     to platform, the shipment is a bundle and is acceptable
     alternative to tariff requirement that commodity be in
     packages.

4.   Carrier has burden of proving correctness of transportation
     charges originally collected on shipment.


     Yellow Freight System  Inc. (Yellow Freight), in a letter dated
September 7, 1978,  equests review by the Comptroller General of the
General Services A mnistration's  (GSA) action in collecting an alleged
overcharge by deduction from freight charges otherwise due the carrier.
A deduction action constitutes a settlement within the meaning of
Section 201(3) of the General Accounting Office Act of 1974, 49 U.S.C.
§ 66(b) (1976).  Under regulations implementing Section 201(3) of
the Act, a deduction action constitutes a reviewable settlement action
(4 C.F.R. H§ 53.1(b)(1) and 53.2 (1978)); Yellow Freight's letter
complies with the criteria for requests for review of such an action.
4 C.F.R. § 53.3 (1977).

     GSA's action was taken on a shipment of two aircraft maintenance
platforms, described on Government bill of lading (GBL) No. M-0068206
as 2 LS [loose] NMFC 178160 SUB 2 STAIRWAY, A/C, SU weighing 1,700
pounds, and transported by Yellow Freight in July 1975 from Peterson
Field, Colorado, to March Air Force Base, California.

     Item 178160 of the National Motor Freight Classification (NMFC)
100-B publishes ratings on articles called Stairways; Ramps, .
Platforms; Stands; or Chutes; aircraft . .  loading, unloading or
service, portable . . .; it offers two less than truckload (LTL)


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