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B-154936, JAN. 22, 1965, 44 COMP. GEN. 419

B-154936 Jan 22, 1965
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WHICH ORIGINATED AT A TRANSIT POINT AS NONTRANSIT TONNAGE AND WAS TRANSPORTED IN THE SAME CAR AS THE OUTBOUND SHIPMENT OF TRANSIT TONNAGE. IS SUBJECT TO THE CARLOAD RATE AT THE ACTUAL WEIGHT OF THE SHIPMENT IN ACCORDANCE WITH THE SECTION 22 QUOTATION AUTHORIZING THE TRANSIT PRIVILEGE AND THE INCLUSION OF NONTRANSIT TONNAGE FOR TRANSPORTATION AT THE APPLICABLE CARLOAD RATE ON THE BASIS OF ACTUAL WEIGHT FROM THE TRANSIT POINT TO FINAL DESTINATION. AS WELL AS THE ADDITIONAL CHARGES ON THE NONTRANSIT WEIGHT IS NOT ENTITLED TO AN ADJUSTMENT BASED ON A LESS THAN-CARLOAD RATE. AS THOUGH THE NONTRANSIT WEIGHT WAS A SEPARATE SHIPMENT. TO CONSTRUE OTHERWISE WOULD ADD NOTHING TO THE QUOTATION THAT IS NOT AVAILABLE UNDER THE TARIFF.

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B-154936, JAN. 22, 1965, 44 COMP. GEN. 419

TRANSPORTATION - TRANSIT PRIVILEGES - NONTRANSIT TONNAGE THE SHIPMENT OF A COMMODITY OTHER THAN THAT TENDERED AS TRANSIT TONNAGE,WHICH ORIGINATED AT A TRANSIT POINT AS NONTRANSIT TONNAGE AND WAS TRANSPORTED IN THE SAME CAR AS THE OUTBOUND SHIPMENT OF TRANSIT TONNAGE, ALTHOUGH NOT USED TO MAKE UP THE CARLOAD MINIMUM, IS SUBJECT TO THE CARLOAD RATE AT THE ACTUAL WEIGHT OF THE SHIPMENT IN ACCORDANCE WITH THE SECTION 22 QUOTATION AUTHORIZING THE TRANSIT PRIVILEGE AND THE INCLUSION OF NONTRANSIT TONNAGE FOR TRANSPORTATION AT THE APPLICABLE CARLOAD RATE ON THE BASIS OF ACTUAL WEIGHT FROM THE TRANSIT POINT TO FINAL DESTINATION, AND THE CARRIER HAVING BEEN PAID THE CARLOAD CHARGES ACCRUING ON THE TRANSIT SHIPMENT, AS WELL AS THE ADDITIONAL CHARGES ON THE NONTRANSIT WEIGHT IS NOT ENTITLED TO AN ADJUSTMENT BASED ON A LESS THAN-CARLOAD RATE, AS THOUGH THE NONTRANSIT WEIGHT WAS A SEPARATE SHIPMENT, TO CONSTRUE OTHERWISE WOULD ADD NOTHING TO THE QUOTATION THAT IS NOT AVAILABLE UNDER THE TARIFF.

TO THE ILLINOIS CENTRAL RAILROAD, JANUARY 22, 1965:

FURTHER REFERENCE IS MADE TO YOUR LETTERS OF AUGUST 5, 1964, AND JANUARY 15, 1965, FILE G-AR-67005-BG, IN WHICH YOU REQUEST REVIEW OF THE SETTLEMENT WHICH DISALLOWED YOUR CLAIM FOR $27.84 BY CARRIER'S BILL AR- 67005-A, IN ADDITIONAL CHARGES ON THE SHIPMENT MADE UNDER BILL OF LADING AT-438866, JULY 20, 1961.

WITH YOUR REQUEST FOR REVIEW YOU ENCLOSED A COPY OF YOUR LETTER TO OUR OFFICE DATED APRIL 10, 1964, WHEREIN YOU URGE THAT THE LESS-THAN CARLOAD RATE OF $1.34 PER HUNDRED POUNDS APPLIES ON THE 5,028 POUNDS OF TENT POLES WHICH WERE TRANSPORTED IN THE SAME CAR WITH THE OUTBOUND TRANSIT SHIPMENT OF COTTON WORK CLOTHING MOVING FROM MEMPHIS, TENNESSEE, TO FORT KNOX, KENTUCKY. YOU CONTEND THAT THE CARLOAD RATE OF 67 CENTS PER HUNDRED POUNDS PUBLISHED ON TENT POLES IS SUBJECT TO A MINIMUM CARLOAD WEIGHT OF 36,000 POUNDS WHICH MUST BE PROTECTED IF THE CARLOAD RATE IS USED FOR THE COMPUTATION OF THE CHARGES ON SUCH TENT POLES. THUS, IT SEEMS TO BE YOUR POSITION THAT THE WEIGHT OF THE TENT POLES MUST BE CONSIDERED AND RATED AS THOUGH IT WERE A SEPARATE SHIPMENT FROM THE TRANSIT SHIPMENT.

PARAGRAPH 19 OF SOUTHERN FREIGHT ASSOCIATION, SECTION 22 QUOTATION ADVICE A-2582, WHICH AUTHORIZED THE TRANSIT PRIVILEGE, DEFINES NONTRANSIT TONNAGE AS INCLUDING TONNAGE "/B) ORIGINATING AT OR PURCHASED LOCALLY AT THE TRANSIT POINT; " AND PARAGRAPH 16 (H) OF SUCH QUOTATION PROVIDES:

A CAR CONTAINING AN OUTBOUND TRANSIT SHIPMENT MAY ALSO INCLUDE NON TRANSIT TONNAGE CONSISTING OF A COMMODITY (OR COMMODITIES) OTHER THAN THAT TENDERED AS TRANSIT TONNAGE, WHICH WILL BE CHARGED AT THE APPLICABLE CARLOAD RATE (OR RATES) AT THE ACTUAL WEIGHT THEREOF, FROM THE TRANSIT POINT TO FINAL DESTINATION IN EFFECT ON THE DATE OF RESHIPMENT FROM THE TRANSIT POINT. SUCH WEIGHT SHALL NOT BE USED TO MAKE UP THE CARLOAD MINIMUM WEIGHT.

THE TENT POLES ORIGINATED AT THE TRANSIT POINT, MEMPHIS, AND THUS FALL WITHIN THE DEFINITION OF NONTRANSIT TONNAGE; THEY REPRESENT A COMMODITY OTHER THAN THAT TENDERED AS TRANSIT TONNAGE (COTTON WORK CLOTHES); AND, PARAGRAPH 16 (H) SPECIFICALLY AUTHORIZES THE USE OF THE CARLOAD RATE ON THE ACTUAL WEIGHT OF THE NONTRANSIT WEIGHT WHEN SHIPPED WITH A TRANSIT SHIPMENT. UNDER THE PROVISIONS OF THE QUOTATION THE CARRIERS RECEIVE THE CARLOAD CHARGES ACCRUING ON THE TRANSIT SHIPMENT, AS WELL AS THE ADDITIONAL CHARGES ON THE NONTRANSIT WEIGHT WHICH OTHERWISE WOULD BE TENDERED AND TREATED AS A LESS-THAN-CARLOAD SHIPMENT UNDER THE RATE TARIFFS. IF PARAGRAPH 16 (H) WERE CONSTRUED TO REQUIRE THE NONTRANSIT WEIGHT TO BE SUBJECT TO THE MINIMUM CARLOAD WEIGHT, THE PROVISIONS OF THIS PARAGRAPH AND PARTICULARLY THE WORDS "AT THE ACTUAL WEIGHT THEREOF" WOULD SEEM TO BE SURPLUSAGE AND ADD NOTHING TO THE QUOTATION NOT OTHERWISE AVAILABLE UNDER THE TARIFF.

THE PRINCIPLES FOLLOWED IN THE INTERPRETATION OF A SECTION 22 QUOTATION ARE NO DIFFERENT IN CHARACTER FROM THAT PRESENTED IN THE INTERPRETATION OF ANY OTHER DOCUMENT. WHENEVER POSSIBLE, EFFECT MUST BE GIVEN TO EACH WORD, CLAUSE OR SENTENCE AND NONE SHOULD BE REJECTED FOR LACK OF MEANING OR AS SURPLUSAGE. VAN DUSEN HARRINGTON CO. V. NORTHERN PACIFIC RY. CO., 32 F.2D 466; BURRUS MILL AND ELEVATOR CO. V. CHICAGO, R.I. AND P.R. CO., 131 F.2D 532, 534; UNITED STATES V. F. C. HATHAWAY, 242 F.2D 897. SPECIFIC PROVISIONS QUALIFYING AND SUPPLYING EXCEPTIONS TO THE GENERAL PROVISIONS OF THE DOCUMENT ARE TO BE RETAINED AND GIVEN EFFECT WHEN POSSIBLE. PILLSBURY FLOUR MILLS CO. V. GREAT NORTHERN RY. CO., 25 F.2D 66. ALSO, AMBIGUITIES OR DOUBTS ARE REQUIRED TO BE RESOLVED IN FAVOR OF THE SHIPPER. GREAT NORTHERN RY. CO. V. COMMODITY CREDIT CORPORATION, 77 F.SUPP. 780.

ACCORDINGLY, IT IS OUR VIEW THAT PROVISIONS OF PARAGRAPH 16 (H) WERE PLACED IN THE QUOTATION IN CONTEMPLATION OF SHIPMENTS OF THIS TYPE, AND THAT IT PROVIDES FOR THE USE OF THE CARLOAD RATE ON THE ACTUAL WEIGHT OF THE NONTRANSIT TONNAGE TRANSPORTED WITH A CARLOAD TRANSIT SHIPMENT. APPEARS THAT THE LAST SENTENCE OF PARAGRAPH 16 (F) PROVIDING IN PERTINENT PART THAT "WHEN THE OUTBOUND SHIPMENT CONSISTS OF COMMODITIES SUBJECT TO DIFFERENT MINIMUM WEIGHTS * * * THE HIGHEST CARLOAD MINIMUM WEIGHT WILL APPLY" HAS REFERENCE TO THE TRANSMITTED COMMODITIES AND REQUIRES THE USE OF THE HIGHEST CARLOAD MINIMUM APPLICABLE TO ANY OF THE COMMODITIES TRANSMITTED. IT IS OUR VIEW THAT SUCH PARAGRAPH 16 (F) DOES NOT PERTAIN TO NONTRANSIT TONNAGE ADDED TO THE TRANSMITTED SHIPMENT AT THE TRANSIT STATION FOR MOVEMENT FROM THE TRANSIT POINT TO FINAL DESTINATION, SUCH SITUATIONS BEING OTHERWISE MORE EXPLICITLY PROVIDED FOR IN ITEMS 16 (E) AND 16 (H). SINCE NO OTHER OBJECTIONS WERE RAISED IN YOUR LETTER PERTAINING TO THE CHARGES ALLOWED ON THIS SHIPMENT, THE SETTLEMENT SEEMS PROPER AND IS SUSTAINED.

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