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B-196480 1 (1980-01-30)

handle is hein.gao/gaobadhyg0001 and id is 1 raw text is: VR THE IIZ6' 77 ~~' 1THE COMPTROLLER GENERAL DECISION I OF THE UNITED STATES VWASHINGTON, D. C. 20548 FILE: B-196480 DATE: January 30, 1980 MATTER OF: Sunpak Movers, Inc. 9 93 DIGEST: Government not liable to forwarder for charges billed claimant by customs- house broker for payment of customs duty on foreign-made wooden containers, packed with household goods of Air Force member returning to Hawaii from Japan, because import service charges specifically excluded from forwarder's single factor transportation rate in Military Rate Tender do not include customs duties. Sunpak Movers, Inc. (Sunpak) rg s review of settlement action taken by the Department of the Air 4 Force; Headquartes 475th Air Base Wing (PACAF),APO San Francisco, on a claim for $44.08 for import services performed by a customs-house broker, at Honolulu, Hawaii. The services relate to a shipment of household goods belonging to a member of the Air Force which was transported in April 1977 from Yokota, Japan, to Honolulu, Hawaii, on Government bill of lading No.. M-0986152. PACAF disallowed Sunpak's claim. Usually, claims for transportation charges are settled by the General Services Administration (GSA) pursuant to Pub. L. 93-604, October 12, 1975; however, GSA delegated to the Department of Defense authority to settle claims as its designee on overseas shipments. See 49 U.S.C. 66(a) and 41 Fed. Reg. 2446, January 16, 1976. Under 49 U.S.C. 66(b) as amended by Pub. L. 93-604 and implemented by 4 C.F.R. 53 (1978), Sunpak requests review by the Comptroller General. See B-187110, February 15, 1977. The claim for $44.08 presented by Sunpak was sup- orted by the customs-house broker's invoice, which itemized charges of $14.08 for an ADVANCE TO CUSTOMS, and $30 for SERVICES TO ENTRY/WITHDRAWAL. PACAF

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