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B-200939 1 (1981-05-29)

handle is hein.gao/gaobadjkt0001 and id is 1 raw text is: 




                                       WASHINGTON, 0. C. 20548
1INI EV


               FILE: B-200939               OATE: May 29, 1981

               MATTER OF: American Farm Lines


               OIGEST:

               1.  Statement in one section of rule
                   in carrier's rate tender, ICC
                   No. 345, that Condition 5 of
                   Government bill of lading (GBL)
                   is sufficient to release ship-
                   ments to specified value unless
                   higher valuation is stated on
                   GBL constitutes carrier's offer
                   to transport certain commodities
                   at rates therein despite failure
                   of Government's agents to insert
                   declared valuation in form
                   specified by rule; Condition
                   5 states that shipment is made
                   at restricted or limited valu-
                   ation unless otherwise indi-
                   cated on GBL.

               2.  In absence of statement referring
                   to Condition 5 from other sections
                   of rule which contain similar
                   requirement for declaration of
                   value in specified form, tender
                   is not applicable to shipments
                   where Government fails to anno-
                   tate GBLS.

               3.  Change of language in Condition 5
                    (now among terms and Conditions in
                    41 C.F.R. § 101-41.302-3(e) governing
                    GBLs) which clarified application
                    to tenders and other agreements as
                    well as tariffs, does not affect
                    validity of holdings in 53 Comp.
                    Gen. 747 (1974) and 38 Comp. Gen.
                    768 (1959); tariff includes
                    tender within meaning of Con-
                    dition 5. 48 Comp. Gen. 335
                    (1968).
                                          __4_

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