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                            December 4, 1997
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                            GSBCA 13899-RATE
 
 
              In the Matter of TRI-STATE MOTOR TRANSIT CO.
 
 
        Robert  D. Norcom,  Auditor,  Tri-State  Motor Transit  Co.,
   Joplin, MO, appearing for Claimant.
 
        Jeffrey  J.  Thurston,  Director,  Office of  Transportation
   Audits,   General   Services  Administration,   Washington,   DC,
   appearing for General Services Administration.
 
        Col.  James F.  Quinn, Staff  Judge Advocate,  Headquarters,
   Military  Traffic Management  Command,  Department of  the  Army,
   Falls Church, VA, appearing for Department of Defense.
 
   VERGILIO, Board Judge.
 
             The claimant,  Tri-State Motor Transit  Co., seeks
        payment  of an  excess  released  value  charge  for  a
        shipment under a tender.  The Government bill of lading
        (GBL) contains a notation: released value not exceeding
        $2.50  per  pound.    Precedent  establishes  that  the
        notation defined a  released value.  In  this instance,
        the released value for the vehicle was in excess of the
        $20,000  released value  generally  applicable to  such
        shipments without  a stated released value.   Tri-State
        is  entitled to  payment of  an  excess released  value
        charge.
 
        A road  grader, weighing 63,190  pounds, was shipped  at the
   end of December 1992.   The GBL notes under special instructions:
   "released  value  not  exceeding  $2.50  per  lb."    Tri-State's
   applicable  tender, which  states a  rate of  $.455 for  a 70,000
   pound  minimum  quantity  shipment,  addresses  released  values:
   "Rates quoted are subject to a  released value not to exceed 2.50
   per pound per article (vehicle) as prepared for  shipment, except
   as  provided  in Item  190  (Released  Value)  of the  applicable
   Military Freight Traffic  Rules Publication.  (NOT  APPLICABLE TO
   GT TENDERS)."   Item 190 of the  referenced publication specifies
   in  paragraph  four  that  specific  commodity  tenders  for  the
   movement of  described vehicles  will  be subject  to a  released
   value not  exceeding $20,000; however,  if a value  exceeding the
   released value  is stated on  the bill of lading,  such valuation
   shall  control  and   the  carrier  is   entitled  to  the   base
   transportation rate plus  an excess value charge of  15 cents for
   each $100 or fraction thereof by which the  declared value of the
   shipment exceeds $20,000 per vehicle.
 
 
        On  December 5, 1995, the Government received from Tri-State
   a supplemental  payment request  for  an excess  value charge  of
   $207.   Tri-State timely  requested payment which  the Government
   has denied.  This Board and the Comptroller General (the previous
   adjudicator of  rate claims)  have held that  a notation  such as
   that  here on  a  GBL  establishes a  released  value, which,  if
   greater  than $20,000,  entitles  the  carrier  to  excess  value
   charges.  Tri-State Motor Transit Co., GSBCA 14245-RATE (Nov. 26,
   1997) (and cases cited therein).   In this instance, the released
   value was  $157,975 for  the 63,190 pound  vehicle, an  amount in
   excess of  $20,000.  Having made the  calculation correctly, Tri-
   State  is entitled  to recover  the excess  value charge  of $207
   under its tender and the applicable regulations.
 
        The Department of Defense maintains that it is entitled to a
   refund of  $665.32  improperly  paid  by  the  Government  as  an
   overweight charge.   In rate  claims, this Board reviews,  at the
   request of  a claimant,  determinations of  the General  Services
   Administration, Office of Transportation Audits; the assertion of
   the Department  of Defense  is not properly  raised in  the first
   instance at the Board.
 
 
 
                                 ____________________________
                                 JOSEPH A. VERGILIO
                                 Board Judge