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B-223311 1 (1987-08-03)

handle is hein.gao/gaobadmud0001 and id is 1 raw text is: 

The Comptroller General
of the United States
Washington, D.C. 20548
Decision




Matterof- Yellow Freight System, Inc.

File:     B-223311

Date:     August 3, 1987

DIGEST

A Navy supplier described plastic containers on a Government
Bill of Lading (GBL) under a general National Motor Freight
Classification (NMFC) item as plastic articles, NOI, density
of 6 but less than 12 pounds per cubic foot. The descrip-
tion required application of a class 100 rating and rate.
The carrier collected freight charges on a specific NMFC
description, air cargo containers, set up, which required
application of a class 400 rating and rate. The producer's
description is a factor weighing heavily in the determina-
tion of an article's description, and the carrier has not
rebutted the prima facie validity of the GBL description.
Therefore, GSA's deduction of the difference between charges
collected and charges derived from the classification
description and item shown on the GBL is sustained.

DECISION

Yellow Freight System, Inc. (Yellow) requests review of a
deduction action taken by the General Services Administra-
tion (GSA) relating to a transportation bill. GSA deter-
mined that Yellow collected overcharges on the bill and, in
the absence of refund, the overcharges.were deducted from
other monies due the carrier. We conclude that Yellow has
not shown that GSA's action was improper.

BACKGROUND

The bill in issue relates to a shipment that Yellow
transported for the United States Navy from Tonawanda,
New York, to Burbank, California, in July 1983. The issue
of charges arises from a dispute over the description and
correct classification rating of the commodity shipped. The
Government Bill of Lading (GBL), No. R-0544179, describes
the shipment of 34 cartons, weighing 2,890 pounds, as:
      PLASTIC ARTICLES, NOI O/T EXPANDED
      (NMFC 156600 SUB 6)


DECLARED DENSITY IS 6 LBS PER CUBIC FOOT

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