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B-204700 1 (1982-09-07)

handle is hein.gao/gaobadkpg0001 and id is 1 raw text is: 
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                                               44

                                       . • THE CUMPTRDLLEfl WI NERAL
                  UECISEDN         ..   ,OF THE UNITED BTATES
                               ,      .4, WAISHINGTON. 'D.C. 205,40



                  FILE: 13-2047100              DATE: September 7, 1982

    I             MATTER OF: Ainerican Farm Lilies, Inc.


    t             DIGEST:
                  1 .  Under the Classification Mixi.ng Rule, GSA
    I                  may view different articl.As in a mixed
                       shipment as two separate shipments and
                       combine a tender and tariff in the compu-
                       tation of lowcr charges, provided ithe
                       inteqrity of each is preserved.

                  2.   In applying a tepder to one article of a
                       mixed shipment, GZA did not violate the
                       tender's lineal foot rule by applying
                       the construcative weight of 750 pounda
                       only to the length of the one article
                       and did not impi .perly ignore the truck-
                       load mii.-un weight of 30,000 pounds
                       provided by the tender's capacity load
                       rule wherela shipment uses 32 feet of a
                       trailer's loading space, because by its
                       terms the lineal foot rule provides for
                       appliation to each incremental foot of
                       space used, and there are no express
                       provisions in the capacity load rule
                       preventing a shipper fron viewing the
   f                   articles an two separate shipments.

   -              3.   In npplying the mixing rule to one article
                       in a mixed shipment, GSA erred in applying
                       a less thnn truckload rate to the article's
                       actual weight where the applicable tariff
                       contained a minimum charge rule requiring
 • ;application of a truckload or volume rate
                       and minimum weight where a shipper orders
                       a vehicle of 32 feet in length, and the
 * ,Government, without dispute, ordered a
                       40-foot trailer.
.                      , nerican Farm Lines, Inc. (AP1, requests.review
                  of the determination by the General Services Adminis-
                  tration (GSA) denying AFL's claims for additional freight

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