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B-213717 1 (1984-03-20)

handle is hein.gao/gaobadlpb0001 and id is 1 raw text is: 0LLZRt ?<L 0~ THE COMPTROLLER GENERAL DECI8ION , OP THE UNITED *TATES WASHINGTON, 0.C. 20546 FILE: 213717 DATE: March 20, 1984 MATTER OF: Yellow Freight System, Inc. DIGEST: Transportation audit action by the General Services Administration (GSA), based on factual determination that rocket launchers were trans- ported, is sustained where description on government bill of ladinq and descriptive liter- ature of item shipped, supplied by agency ship- ping office, support GSA's determination. Yellow Freight System, Inc. (Yellow), requests review of deduction action taken by the General Services Admin- istration (GSA) to recover overcharges collected by Yellow in connection with the transportation of government property. The government paid freight charges of S1,212.09 to Yellow. After auditing Yellow's bill, GSA determined that the applicable charges were S686.78; therefore, $525.31 was deducted from monies otherwise due the carrier. The propri- ety of GSA's deduction action depends on the proper descrip- tion of the items shipped--specifically, whether the items shipped consisted of Launchers, Rocket, Aircraft, Multiple Tube-Type, as described in item 146315 of the governing National Motor Freight Classification (NMFC), or aircraft parts under NMFC 11800. The charaes applicable to a rocket launcher are lower than those applicable to aircraft parts, upon which the charges were based. The government bill of lading (GBL) for this shipment described the articles shippee as LAUNCHERS, ROCKET, AIR- CRAFT, MULTIPLE TUBE-TYPE, EMPTY, IN BOXES OR CRATES. The GBL also stated that the items had NMFC classification No. 146315 SUB 1, which is rocket launchers. Yellow attempts to rebut this description by reference to a Yellow Freight depot weight and inspection report. At this ship- ment transfer point, Yellow officials inspected the shipment and determined the shipment to consist of Aircraft parts under NMFC classification No. 11800. The report states that the shipment was also inspected by unnamed government offi- cers, who agreed that the items were aircraft parts, and 0A --oC

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