B-153677, SEP. 3, 1964

B-153677, SEP. 3, 1964

TO SOUTHERN PACIFIC COMPANY:

IN OUR DECISION OF JUNE 26, 1964, B-153677, WE SUSTAINED THE SETTLEMENT OF JANUARY 24, 1963, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL FREIGHT CHARGES ALLEGED TO BE DUE FOR THE TRANSPORTATION OF WATER DISTRIBUTORS, TRUCK-MOUNTED. ONE OF THE WATER DISTRIBUTORS WAS SHIPPED IN A MIXED CARLOAD WITH OUTFITS, PUMPING, TRAILER MOUNTED, UNDER BILL OF LADING AF- 5689599, DATED SEPTEMBER 27, 1955. WE RESERVED OUR DECISION CONCERNING THE PROPER CLASSIFICATION OF THE PUMPING OUTFITS--- ALSO COVERED BY THE SETTLEMENT--- PENDING FURTHER DEVELOPMENT OF THE RECORD.

FOR THE SERVICES PERFORMED, YOU ORIGINALLY CLAIMED AND WERE PAID CHARGES COMPUTED ON THE BASIS OF A COMMODITY RATE OF $5.22 PER 100 POUNDS APPLYING ON FREIGHT HIGHWAY VEHICLES WITH BUILT-IN OR PERMANENTLY ATTACHED MACHINERY OR MACHINES, N.O.S., AND ON VEHICLE TRAILERS WITH BUILT-IN AND PERMANENTLY ATTACHED MACHINERY OR MACHINES, N.O.S., AS PUBLISHED IN ITEM 8205 OF TRANS-CONTINENTAL FREIGHT BUREAU TARIFF NO. 1-D, I.C.C. 1564, PLUS A 15 PERCENT INCREASE. ON AUDIT OF THE PAYMENT VOUCHER IN OUR OFFICE AN OVERCHARGE WAS DISCOVERED, AS THE RESULT OF OUR COMPUTING THE FREIGHT CHARGES ON THE BASIS OF A COMMODITY RATE OF $3.65 PER 100 POUNDS, SUBJECT TO MINIMUM WEIGHT OF 30,000 POUNDS, APPLYING ON PUMPING OUTFITS OR PUMPS, LIQUID OR GAS, IN ACCORDANCE WITH ITEM 6150 OF TCFB TARIFF NO. 1-D.

IN YOUR REQUEST FOR REVIEW DATED FEBRUARY 28, 1964, YOU ALLEGE THAT THE ITEMS SHIPPED, BOTH THE WATER DISTRIBUTORS AND THE PUMPING OUTFITS, SHOULD BE RATED IN ACCORDANCE WITH ITEM 700 OF THE TARIFF, WHICH CONCERNS COMBINATION ARTICLES. HOWEVER, IN REPLY TO A LETTER FROM OUR OFFICE, THE DEFENSE TRAFFIC MANAGEMENT SERVICE REPORTED THAT RESEARCH OF USAF SUPPLY CATALOG S50-M DEVELOPED THE FOLLOWING CROSS-REFERENCES OF AF STOCK NUMBERS: 5060-177200-637 TO FSN 3825-194-5945 AND 5060 750635-589 TO 3895- 223-8162, AND FURNISHED A COPY OF PAGE 98 OF TM 9 2800, DATED OCTOBER 27, 1947, WHICH CONTAINS PICTURES AND SPECIFICATIONS OF THE PUMPING OUTFITS. THESE ILLUSTRATIONS INDICATE THAT THE PUMP IS AN ASPHALT PUMP MOUNTED ON A TRAILER SPECIFICALLY DESIGNED FOR THAT PUMP AND BUILT BY LITTLEFORD BROS. TO BE USED BY THE CORPS OF ENGINEERS TO SPRAY BITUMINOUS MATERIAL ON ROADS OR RUNWAYS, AND FOR TRANSFERRING ASPHALT FROM ONE CONTAINER TO ANOTHER. IT APPEARS TO BE A SINGLE INTEGRATED PIECE OF MACHINERY PROPERLY CLASSIFIED AS PUMPING OUTFITS UNDER ITEM 160 AND 6150 OF TCFB TARIFF NO. 1 -D. UNDER THESE CIRCUMSTANCES THE COMBINATION ARTICLES RULE HAS NO APPLICATION. SEE HARRISON CONSTRUCTION COMPANY V. CINCINNATI N.O. AND T.P. RY. CO., 266 I.C.C. 313; OAKLAND TRUCK SALES CO. V. BALTIMORE AND O.RR. CO., 270 I.C.C. 548; AUGUST PLANTZ, INC. V. LONG ISLAND RR. CO., 281 I.C.C. 172. A COPY OF THE CITED PAGE 98 OF TM 9-2800 IS ENCLOSED.