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CHF CC3MPYROLLEI 3ENRAL.4.
DJECISIONi . F- a= t4-r= umNi ant a -ATEr=s
VWASHI5GTON, . .. 2 D40
FILE: B-189436 C)ATE: January 25, 1978
MATrER OF: True Tranaport Inc.
DIGESTE
Carrier has burden of proving correctness of transportation
container or trailer plac'ment charge originally collected
on shipment. See cases cited.
True Transport Inc. (True), in .q letter dated June 24, 1977,
:equesta the Comptroller General of.1ha United States to review
the Generrel Services.Administration's (GSA) action on ieveral of
its billr for transportatioi charges. See Section 201(3) of the
General Accounting Office Act of 1974, 49 U.S.C. 66(b) (Supp, V,
1975). GSA, after auditing the bills, notified True of overcharges
totaling $3,090.84 which in the absence of refund were collected
by deduction. 49 U.S.C. 66(a). Under regulations mplrmenting
Section 201(3) of the Act, a deduction action constitutes a
reviewable settlement actionjl4 C.F.R. 53.1(b)(1) and 53.2 (1977)];
True's letter complies with the critnria for requests for review
of that action. 4 (.F.R. 53.3 (1977).
GSA reports that True transported 20 shipmants of various
commodities in 1974 from Army Depots in Pennsylvania consigned
to the ports of Bayonne and Port Elizabeth, New Jersey. A repre-
sentative shipment moved on GovezAment bill of lading (GEL) No.
X-6148263, issuedbray 7, 1974; it covered a shipment of tent pins,
poles or slides P2d was transported from the Defense Depot at
Mechanicsburg, Pennsylvania, to Port Elizabeth, New Jersey.
True collected transportation charges of $368.71 on the ship-
ment. They included line-haul charges of C195, plus what is
designated as a Note E Placement charge of $152.84 and a 6 per-
cent fuel surcharge of $20.87. GSA in its audit of those chargeo,
49 U.S.C. 66() (Supp. V, 1975), issued a notice of overcharge for
$162.01, consistius of the placement charge of $152.84 plus $9.17
of the fuel surcharge, because True did not furnish any evidence
to establish the liability of the United States Government for the
placement charge. In the absenhe of refund, GSA collected the
overcharge by deduction; True requests review of that action.
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