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B-219924 1 (1986-03-24)

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                        THE COMPTROLLER GENERAL
OUCISUON                 OP THE UNITED SITATES
              a:  WASHINGTON. 0. C. 20548



FILE:   B-219924              DATE: March 24, 1986

MATTER OF:     C. I. Whitten Transfer Company


DIGEST:

    1. A carrier's tariff, offering released
        value rates to the public generally,
        contained a provision increasing line-
        haul charges by 25 percent where a
        shipper failed to annotate the Bill of
        Lading in specified form declaring the
        value of the property. Condition 5, now
        published at 41 C.F.R. 5 101-4.302-3(e),
        among the provisions governing Government
        Bill of Lading shipments, substantially
        complies with the tariff's formal annota-
        tion requirement. Therefore, the General
        Services Administration's disallowance of
        the carrier's claim for an additional
        25 percent of original charges is
        sustained.

    2. Government foreign military sales ship-
        ments, for which the Government is to be
        reimbursed, were shipped on Government
        Bills of Lading. Neither Bagett
        Transportation Company, Inc., 670 F.2d
        1011 (Ct. Cl. 1982), which held that
        section 22 rates are not applicable to
        foreign military sales shipments, nor any
        other authority prohibits the use of
        Government Bills of Lading and the appli-
        cation of their provisions for such
        shipments.

     C. I. Whitten Transfer Company, a motor carrier, asks
for review of action taken by the General Services Adminis-
tration (GSA) disallowing the carrier's claim for additional
transportation charges.1/  We sustain the action.



I/ Whitten's claim for an additional allowance of
    $1,000.53 was disallowed by Settlement Certificate dated
    August 9, 1985.       /  ,     I

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