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B-191201 1 (1979-01-15)

handle is hein.gao/gaobadgux0001 and id is 1 raw text is: THE CO IPTROLLER GENERAL F)1ECISIill .OF THE UNITED STATES ;. AVASHINGTON, D.C. 20548 FILE: B-191201 [DATE: JAN 15 1979 MATTER OF: Yellow Freight System, Inc. DIGEST: /j7 o44LekP 4) PiqnE W6dcIlA.C L.~ore-st Cy1QR&`s Where either of two rates may be applied the shipper is entitled to the rate which produces the lowest charges on the shipment. Yellow Freight System, Inc., requests review by the Comptroller General of the final action taken by the General Services Administration (GSA) pursuant to Section 201(3) of the General Accounting Office Act of 1975, 49 U.S.C. 66(b) (Supp. V, 1975). GSA withheld $1,840.26 from other moneys due the carrier to collect an overcharge discovered in the freight charges billed add paid on a less-than-truckload mixed shipment weighing a total of 8,309 pounds moving from West Yermo, California, to Camp Lejeune, North Carolina, under Government bill of lading No. K-0730126, issued on March 19, 1975. ielow Freight contends that GSA used an improper basis in computing the overcharge and requests repayment of $763.46. Yellow Freight contends that the radio repair outfits contained in the ship- ment should be rated as a truckload of 12,000 pounds under item 147850 of National Motor Freight Classification 100-A, and that the charges on them should be computed at the truckload rate of $13.46 per hundred pounds published in Rocky Mountain Motor Tariffs ICC RMB 120-A and 521. (In its initial billing the carrier used a minimum weight of 20,000 pounds in computing those charges.) On all the other articles contained in the shipment, Yellow Freight contends that the charges should be computed at the same less-than-truckload rates as used in the initial billing. GSA contends that a less-than-truckload rate of $14.07 per hundred pounds provided in item 2000 of Rocky-Mountain Motor Tariff Bureau U.S. Government Quotation ICC RMB 33 (RMB 33) which applies on shipments weighing between 5,000 and 9,999 pounds should be used on all of the articles in the 8,309-pound shipment. The $14.07 rate applies on freight all kinds except those articles named in item 1225. Radio repair outfits are not named in item 1225. Among other things, item 100 of Quotation RMB 33 provides as follows: NOTE 1 - THE CLASSES RULES AND REGULATIONS, ESTIMATED AND MINIMUM TRUCKLOAD OR.VOLUME WEIGHTS, SHIPPING AND

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