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B-214559 1 (1984-09-25)

handle is hein.gao/gaobadlxs0001 and id is 1 raw text is: THE COMPTROLLER GENERAL ODCI8ION OP THE UNITED STATES WASHINGTON. 0. C. 20546 FILE: B-214559 DATE: September 25, 1984 MATTER OF: Coast Counties Express, Inc. DIGEBT: Motor common carrier transportation wholly within a single state, preceded or followed by overseas transportation by privately owned vessels in pri- vate carriage, is not interstate or foreign com- merce under the Interstate Commerce Act and is not subject to charges applicable to interstate or foreign commerce. Coast Counties Express, Inc. (CCEI), requests, pursuant to the provisions of section 322 of the Transportation Act of 1940, as amended, 31 U.S.C. i 3726(d)(1) (1982), and 4 C.F.R. 53 (1984), review of the recovery by the General Services Administration (GSA) of $1,731.12 on 17 shipments of government property. We agree with the action by GSA. Eight of the shipments in question were transported in government-owned ships from overseas points to the Naval Weapons Station, Concord, California, and there tendered to CCEI for movement to various points in California. The remaining shipments were tendered to CCEI at various points in California and moved to Concord, California, where the shipments were loaded onto government-owned ships for move- ment to overseas points. Each of the government bills of lading (GBL's) was marked either imported or exported with a code designation for the overseas point of origin or destination together with the identity of the ship. For the transportation services rendered, CCEI collected charges including a fuel-surcharge applicable to interstate or foreign commerce. On audit of the payments, GSA determined that the transportation services performed were intrastate and the fuel-surcharges were not applica- ble. Therefore, GSA assessed overcharges in the amounts of the fuel-surcharges, which were subsequently recovered by administrative set-off. In Ex Parte No. 311, June 1, 1979, June 14, 1979, and April 9, 1980, the Interstate Commerce Commission (ICC)

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