B-148014, MAY 8, 1962

B-148014, MAY 8, 1962

TO GULF, MOBILE AND OHIO RAILROAD COMPANY:

WE AGAIN REFER TO YOUR LETTER OF JANUARY 18, 1962, FILE W-66177 CL27, IN EFFECT REQUESTING REVIEW OF OUR SETTLEMENT OF SEPTEMBER 6, 1961 (OUR CLAIM NO. TK-686783), WHICH DISALLOWED YOUR CLAIM FOR $84, THE ADDITIONAL FREIGHT CHARGES ALLEGEDLY DUE ON A SHIPMENT OF HOUSEHOLD GOODS WEIGHING 12,286 POUNDS, TRANSPORTED FROM GREAT FALLS, MONTANA, TO NEW ORLEANS, LOUISIANA, FOR EXPORT, UNDER GOVERNMENT BILL OF LADING NO. AF-8332686, DURING OCTOBER 1958. YOUR SUPPLEMENTAL BILL NO. W 66177-B FOR $60.25 WAS PRESENTED WITH YOUR REQUEST.

AT ISSUE HERE IS THE MATTER OF THE RATE PROPERLY APPLICABLE TO AN EXPORT SHIPMENT OF HOUSEHOLD GOODS TRANSPORTED FROM GREAT FALLS, MONTANA, TO NEW ORLEANS, LOUISIANA, IN OCTOBER 1958. THE CLASS RATE TARIFF EFFECTIVE ON THIS TRAFFIC IS AGENT PRUETER'S TRANS-CONTINENTAL FREIGHT BUREAU AND WESTERN TRUCK LINES' FREIGHT TARIFF 1014, I.C.C. 1578. HOWEVER, ITEM 350- E (SUPPLEMENT 32) OF TARIFF 1014 PROVIDES ASA MAXIMUM RATE BASIS FROM GREAT FALLS, MONTANA, THE COMMODITY RATES, CHARGES, AND ROUTINGS APPLICABLE FROM SPOKANE, WASHINGTON, WHICH ARE PUBLISHED IN AGENT PRUETER'S TRANS-CONTINENTAL FREIGHT BUREAU FREIGHT TARIFF 2-X, I.C.C. 1590. ITEM 6065-B (SUPPLEMENT 16) OF TARIFF 2-X, NAMING GENERAL COMMODITY CARLOAD RATES AND ALTERNATIVE CARLOAD MINIMUM WEIGHTS ON TRANSCONTINENTAL SHIPMENTS OF HOUSEHOLD GOODS, REFERS TO AGENT PRUETER'S TRANS-CONTINENTAL FREIGHT BUREAU FREIGHT TARIFF 5-A (TERRITORIAL DIRECTORY), I.C.C. 1576, FOR A DETERMINATION OF THE RATE BASES TO BE USED WITH THE RATES IN TARIFF 2-X. ITEM 300-E (SUPPLEMENT 52) AND PAGE 129 OF TARIFF 5-A INDICATE THAT SPOKANE TAKES RATE BASIS NO. 1; FOR THE RATE BASIS FOR NEW ORLEANS, REFERENCE IS MADE ON PAGE 193 OF TARIFF 5-A TO NOTE 9, READING IN PART (AS AMENDED ON PAGE 6, SUPPLEMENT 45):

"/A) EXCEPT AS PROVIDED IN PARAGRAPH (C), GROUP E-3 RATES (SUBJECT TO ITEM 340), APPLY FROM POINTS OR TO POINTS IN ARIZONA, CALIFORNIA (EXCEPT POINTS SHOWN IN ITEM 310), MEXICO, NEVADA, NEW MEXICO, OREGON (LAKEVIEW ONLY) AND UTAH FOR WHICH BASIS FOR RATES IS PROVIDED ON PAGES 8 TO 145 OF TARIFF.

"/B) EXCEPT AS PROVIDED IN PARAGRAPH (C), GROUP D-1 RATES (SUBJECT TO ITEM 340), APPLY FROM OR TO POINTS IN ALASKA, ALBERTA, BRITISH COLUMBIA, CALIFORNIA (POINTS SHOWN IN ITEM 310), IDAHO, MONTANA, NORTH DAKOTA, OREGON (EXCEPT LAKEVIEW), WASHINGTON AND WYOMING FOR FOR WHICH BASIS FOR RATES IS PROVIDED ON PAGES 8 TO 162 OF TARIFF.

"/C) IN THE ABSENCE OF SPECIFIC EXPORT OR IMPORT RATES, GROUP H DOMESTIC RATES, SUBJECT TO EXCEPTION 2 AND ITEMS 210 AND 340, APPLY ON TARIFF EXPORTED OR IMPORTED THROUGH THE PORTS MAKING REFERENCE TO THIS NOTE.'

YOU CONTEND THAT THE GROUP D-1 RATE OF $3.30 (RAISED BY INCREASE TARIFFS TO $3.77), PER 100 POUNDS, SUBJECT TO A MINIMUM WEIGHT OF 22,500 POUNDS, NAMED IN PART 2 OF ITEM 6065-B OF TARIFF 2-X, APPLIES TO THE SHIPMENT. THIS BASIS YIELDS TRANSPORTATION CHARGES OF $848.25. WE SETTLED YOUR PREVIOUS CLAIM ON THE BASIS OF THE GROUP H RATE OF $3.54 (RAISED BY INCREASE TARIFFS TO $3.94), PER 100 POUNDS, SUBJECT TO A LOWER MINIMUM WEIGHT OF 20,000 POUNDS, NAMED IN PART 1 OF ITEM 6065-B OF TARIFF 2-X, WHICH YIELDS TRANSPORTATION CHARGES OF $788. THE DIFFERENCE IN TRANSPORTATION CHARGES IS $60.25, THE AMOUNT YOU NOW CLAIM ON SUPPLEMENTAL BILL NO. W-66177-B. BOTH RATES ARE SUBJECT TO CIRCLE REFERENCE 31 WHICH STATES IN EFFECT THAT THEY ARE APPLICABLE OF TRAFFIC MOVING FROM SO-CALLED NORTH COAST POINTS, INCLUDING THOSE IN THE STATE OF WASHINGTON. PAGE 139, SUPPLEMENT 28 TO TARIFF 2-X.

THERE ARE NO SPECIFIC EXPORT RATES APPLICABLE TO THIS SHIPMENT. THE REFERENCE IN PARAGRAPHS (B) AND (C) OF NOTE 9 TO ITEM 340-B (SUPPLEMENT 47 TO TARIFF 5-A) MAKES THE GROUP H AND THE GROUP D-1 RATES SUBJECT TO ITEM 9815-A (SUPPLEMENT 16) OF TARIFF 2-X, WHICH PROVIDE SPECIFIC ROUTING RESTRICTIONS TO THE GENERAL GATEWAY ROUTES AUTHORIZED IN TARIFF 5-A. IN ITEM 9815-A, RATES FROM NORTH COAST POINTS (CIRCLE REFERENCE 31) TO POINTS IN GROUP H ARE MADE INAPPLICABLE ON SHIPMENTS MOVING THROUGH POINTS IN GROUP C-2, AMONG OTHERS, WHICH INCLUDE LOUISIANA POINTS ON THE ROUTE OF THE GULF, MOBILE AND OHIO RAILROAD, WEST OF THE MISSISSIPPI RIVER, FROM CHICAGO TO NEW ORLEANS. HOWEVER, IN ITEM 9815-A, RATES FROM NORTH COAST POINTS (CIRCLE REFERENCE 31) TO POINTS IN GROUP D-1 ARE SUBJECT TO EXCEPTION 10 IN ITEM 9815 A.EXCEPTION 10 READS: "THE RESTRICTIONS PUBLISHED IN THIS ITEM WILL NOT APPLY TO EXPORT SHIPMENTS MOVING VIA ROUTE OF GM AND O, OR IC THROUGH GROUP C-1, C-2 OR C-4 TO THE PORT OF NEW ORLEANS, LA.' EXCEPTION 10 EFFECTIVELY INVALIDATES ANY OF INVALIDATES ANY OF THE ROUTING RESTRICTIONS SHOWN IN ITEM 9815-A AND THEREBY ALLOWS THE USE ON THIS SHIPMENT OF THE GROUP H GENERAL COMMODITY RATE OF $3.54 (RAISED TO $3.77), SUBJECT TO A MINIMUM WEIGHT OF 20,000 POUNDS, NAMED IN PART 1 OF ITEM 6065-B OF TARIFF 2-X, TO APPLY ON TRAFFIC MOVING FROM NORTH COAST POINTS.

THAT EXCEPTION 10 DOES NOT APPLY ONLY TO POINTS IN GROUP D-1 IS EVIDENCED BY THE FACT THAT WHEN THE TARIFF COMPILERS MEANT RESTRICTIONS TO APPLY TO A PARTICULAR PART OF ITEM 6065-B, THEY USUALLY BEGAN THE EXCEPTION WITH THE WORDS "THIS RESTRICTION * * *.' SEE, FOR EXAMPLE, EXCEPTION 8, 9, AND 13. FURTHER, IF EXCEPTION 10 IS MEANT TO APPLY ONLY TO POINTS IN GROUP D- 1, IT BECOMES INEFFECTIVE; IF GROUP H RATES DO NOT APPLY, THE GROUP D-1 RATES AUTOMATICALLY AND WITHOUT THE BENEFIT OF EXCEPTION 10 ARE APPLICABLE ON EXPORT TRAFFIC. TO STATE IT ANOTHER WAY, THE CLEAR INTENT OF EXCEPTION 10, WAS PLACED IN RELATION TO THE D-1 LOCATION IN THE ITEM, IS TO GIVE EFFECT TO THE APPLICATION OF THE GROUP H RATES ON EXPORT TRAFFIC VIA THE SAME ROUTES OVER WHICH THE GROUP D-1 RATES APPLY. IT IS OBSERVED ALSO THAT, FOR THE MOST PART, THE EXPORT RATES CONTAINED IN SECTION 3 OF TARIFF 2-X ARE GOVERNED ONLY BY GATEWAY ROUTING, SO THAT THE RATES APPLY VIA THE ROUTE HERE IN QUESTION, AND THAT EXCEPTION 10 IN ITEM 9815-A AUTHORIZED THE SPECIAL BASIS OF EXPORT RATES (GROUP H IN LIEU OF GROUP D-1 TO NEW ORLEANS) TO APPLY VIA THE SAME ROUTES AS THE RATES IN SECTION 3.

OUR SETTLEMENT OF SEPTEMBER 6, 1961, IS NOT SHOWN TO HAVE BEEN IS ERROR OTHERWISE, AND, ACCORDINGLY, IT IS SUSTAINED.