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B-180133 1 (1974-07-15)

handle is hein.gao/gaobadccz0001 and id is 1 raw text is: DECISIOl FILE: 1-180133 k THE CIMPTROLLER GENJERAL (. & . OF THE UNITED STATES K WASHINGTON, 0. C. 20548 DATE: , MATTER OF: ells Cargo, Inc. DIGEST: Application of commoditv rates in carrier's tariff is determined solely by whether nature of articles traninorted is ruch that use of low-bed edauiLmnt ic reauired: tariff requirement for bill of lading notation by shipper showing reauest ior low-bod eui- ment construed as directory only and not as condition precedent to application of the rates. Wells Cargo, Inc., by letter dated November 20, 1973, asks for review of five settlements which disallowed its clairms for additional charges for services rendered under Government bills of lading (GBLs) C-7938582, D-1612503, D-4244089, F-4657839, and F-4665217, our claim files TK-923746, TK-946339, TK-910262, TiK-923744, and TK-935584. The shipments in question consisted of heavy machinery or other articles of excessive size or weight and were transported by the carrier in low-bed eauipment. Charges oricinally were billed by the carrier at distance commodity rates applicable on shipments requiring the use of low-bed equipment, as published in Section 4 of Wells Cargo, Inc. local and Joint Freight Tariff No. 1-B, MF-I.C.C. lo. 4. The commodity description in Section 4 is followed by a parenthetical reference to Rule 141 of the tariff which provides, among other things, that when low-bed equipment is requested and furnished the shipper shall endorse on the bill of lading or shipping order Low-bed Equipment Requested. This notation does not appear on the GELs in question and after the carrier's original bills were paid in full, Wells Cargo submitted supplemental bills for additional charges, based on the class rates in Section 1 of its tariff, on the ground that the commodity rates in Section 4 were inapplicable because the GBLs did not bear the requisite notations. The settlements here under review disallowed these supplemental claims and the pIDuLSHED DECIIC 54 Gomp. Gn..---

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