A-60933, MARCH 20, 1935, 14 COMP. GEN. 705

A-60933: Mar 20, 1935

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TRANSPORTATION - FORM OF SHIPMENT - APPLICATION OF "KNOCKED DOWN" RATING WHERE TARIFF DOES NOT SPECIFY THE MANNER IN WHICH AN ARTICLE SHALL BE TAKEN APART FOR SHIPMENT IN ORDER TO CONFORM TO THE DEFINITION OF "KNOCKED DOWN" ANY MANNER OF TAKING APART WHICH RESULTS IN A MATERIAL SAVING OF SPACE OTHERWISE OCCUPIED IS SUFFICIENT TO SECURE THE APPLICATION OF THE . - CASES IN QUESTION WERE IN SET-UP SECTIONS. THE SHIPMENT WAS DELIVERED TO THE CARRIER AT OAKLAND. NO. 8 ARE NOT APPLICABLE AS THEY DID NOT BECOME EFFECTIVE UNTIL NOV. 15. NO. 7 WHICH WAS IN EFFECT ON THE DATE OF THIS SHIPMENT. " AND RULE 19 OF THIS PUBLICATION READS AS FOLLOWS: WHEN RATINGS ARE PROVIDED ON ARTICLES KNOCKED DOWN (K.D.).

A-60933, MARCH 20, 1935, 14 COMP. GEN. 705

TRANSPORTATION - FORM OF SHIPMENT - APPLICATION OF "KNOCKED DOWN" RATING WHERE TARIFF DOES NOT SPECIFY THE MANNER IN WHICH AN ARTICLE SHALL BE TAKEN APART FOR SHIPMENT IN ORDER TO CONFORM TO THE DEFINITION OF "KNOCKED DOWN" ANY MANNER OF TAKING APART WHICH RESULTS IN A MATERIAL SAVING OF SPACE OTHERWISE OCCUPIED IS SUFFICIENT TO SECURE THE APPLICATION OF THE ,KNOCKED-DOWN" RATING.

DECISION BY ASSISTANT COMPTROLLER GENERAL ELLIOTT, MARCH 20, 1935:

THE ATCHISON, TOPEKA AND SANTA FE RAILWAY CO. HAS REQUESTED REVIEW OF SETTLEMENT P-3950 DATED FEBRUARY 14, 1934, OF ITS BILL 79751, FOR THE TRANSPORTATION FROM OAKLAND, CALIF., TO ALBUQUERQUE, N. MEX., OF 2 CRATES POST-OFFICE DISTRIBUTING CASES WITH PIGEONHOLES, 641 POUNDS, SHIPPED UNDER BILL OF LADING D-63492, DATED OCTOBER 16, 1933.

THE CARRIER CLAIMED $12.55 BASED ON THE FIRST-CLASS RATE AS FOR THESE ARTICLES "SET UP.' THE SETTLEMENT ALLOWED $10.68 BASED ON THE SECOND- CLASS RATE APPLICABLE ON SUCH ARTICLES WHEN "KNOCKED DOWN.'

THE REQUEST FOR REVIEW OF THE SETTLEMENT CLAIMS THE DIFFERENCE OF $1.87 AND THE CARRIER HAS SUBMITTED IN THIS CONNECTION A COPY OF A REPORT DATED APRIL 21, 1934, BY AN INSPECTOR OF THE WESTERN WEIGHING AND INSPECTION BUREAU THAT---

CASES IN QUESTION WERE IN SET-UP SECTIONS.

MERELY SEPARATING AN ARTICLE WITHOUT MATERIALLY REDUCING SPACE OCCUPIED DOES NOT ENTITLE SAME TO K.D. RATING, SEC. RULE 19, C.F.C. NO. 8.

THE SHIPMENT WAS DELIVERED TO THE CARRIER AT OAKLAND, CALIF., OCT. 18, 1933, AND ACCORDINGLY THE PROVISIONS OF C.F.C. NO. 8 ARE NOT APPLICABLE AS THEY DID NOT BECOME EFFECTIVE UNTIL NOV. 15, 1933. C.F.C. NO. 7 WHICH WAS IN EFFECT ON THE DATE OF THIS SHIPMENT, PROVIDED A RATING OF SECOND-CLASS FOR THESE ARTICLES WHEN SHIPPED "KNOCKED DOWN," AND RULE 19 OF THIS PUBLICATION READS AS FOLLOWS:

WHEN RATINGS ARE PROVIDED ON ARTICLES KNOCKED DOWN (K.D.) IT INVOLVES TAKING APART THE ARTICLE SHIPPED IN SUCH A MANNER AS TO REDUCE MATERIALLY THE SPACE OCCUPIED; MERELY SEPARATING THE ARTICLE INTO PARTS WITHOUT REDUCING THE BULK WILL NOT CONSTITUTE KNOCKING DOWN OR ENTITLE THE ARTICLE TO THE K.D. RATING.

THE POST OFFICE DEPARTMENT HAS REPORTED THAT THE LEGS OF THE CASES WERE REMOVED AT THE TIME OF SHIPMENT AND THAT "THE APPROXIMATE MEASUREMENT OF EACH OF THE CASES IN THIS SHIPMENT WAS 5 BY 2 BY 8 FEET (80 CUBIC FEET). IF SHIPPED WITH LEGS ATTACHED THE MEASUREMENT WOULD APPROXIMATE 7 BY 2 BY 8 FEET (112 CUBIC FEET).' IT WOULD SEEM, THEREFORE, THAT THE ARTICLES WERE TAKEN APART "IN SUCH A MANNER AS TO REDUCE MATERIALLY (32 CUBIC FEET) THE SPACE OCCUPIED" AND THUS ENTITLED TO THE APPLICATION OF THE SECOND- CLASS RATE. SEE IN THIS CONNECTION PAYNE FURNACE AND SUPPLY COMPANY, INCORPORATED, V. ATCHISON, TOPEKA AND SANTA FE RY. CO. ET AL., 188 I.C.C., 207 (209), WHERE THE INTERSTATE COMMERCE COMMISSION SAID:

* * * THE MANNER IN WHICH AN ARTICLE SHALL BE TAKEN APART IN ORDER TO CONFORM TO THE DEFINITION OF "KNOCKED DOWN" IS NOT SPECIFIED BY THE CLASSIFICATION, OR, SO FAR AS APPEARS, HAS NOT BEEN DEFINITELY FIXED BY GENERAL PRACTICE.

UPON THIS RECORD THE SETTLEMENT DOES NOT APPEAR TO BE IN ERROR AND ACCORDINGLY IS SUSTAINED.