B-123500, AUG. 30, 1956

B-123500: Aug 30, 1956

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TOPEKA AND SANTA FE RAILWAY COMPANY: REFERENCE IS MADE TO YOUR REQUEST. YOU CLAIMED ORIGINALLY AND WERE PAID THE SUM OF $435.53. THE CHARGES WERE COMPUTED BY YOU ON THE BASIS OF A COMMODITY RATE OF $2.36 PER 100 POUNDS. " THE ARTICLE SHIPPED IS PROPERLY RATABLE ON THE BASIS OF A CLASS-A RATING. THE SHIPMENT IS DESCRIBED IN THE BILL OF LADING AS "10 BOXES MACHINERY NOIBN BOXED (SMOKE GENERATORS MOUNTED ON TRAILERS). WHICH WERE CONTAINED IN 10 BOXES HAVING A GROSS WEIGHT OF 3. THERE IS NOTHING IN THE RECORD TO INDICATE THAT THE GENERATOR COULD BE READILY SEPARATED OR REMOVED FROM THE TRAILER OR. IF THE GENERATORS WERE REMOVED. REPORTS THAT THE SMOKE GENERATOR MOUNTED ON THE TRAILER WAS A SINGLE WORKING UNIT AND THAT THE TRAILER WAS A COMPONENT PART OF THE EQUIPMENT.

B-123500, AUG. 30, 1956

TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY:

REFERENCE IS MADE TO YOUR REQUEST, PER FILE G-164487-A, FOR REVIEW OF THE SETTLEMENT DATED FEBRUARY 6, 1952, WHICH DISALLOWED YOUR BILL NO. 164487-A FOR ADDITIONAL FREIGHT CHARGES OF $250.96, ALLEGED TO BE DUE FOR THE TRANSPORTATION OF A SHIPMENT OF SMOKE GENERATORS MOUNTED ON TRAILERS, WEIGHING 32,450 POUNDS, FROM DETROIT, MICHIGAN, TO SAN FRANCISCO, CALIFORNIA, UNDER BILL OF LADING NO. N-743888, IN DECEMBER 1942.

FOR THIS SERVICE, YOU CLAIMED ORIGINALLY AND WERE PAID THE SUM OF $435.53. THE CHARGES WERE COMPUTED BY YOU ON THE BASIS OF A COMMODITY RATE OF $2.36 PER 100 POUNDS, LESS LAND-GRANT DEDUCTION, APPLICABLE ON "MACHINERY, NOIBN," MINIMUM WEIGHT 30,000 POUNDS, PUBLISHED IN ITEM 3960 OF TRANS-CONTINENTAL FREIGHT BUREAU WEST-BOUND TARIFF NO. 1-V, AGENT L. E. KIPP'S I.C.C. NO. 1472. THEREAFTER, BY BILL NO. SUP. 164487-A, YOU CLAIMED $250.96 ADDITIONAL, CONTENDING, IN EFFECT, THAT UNDER RULE 18 OF THE CLASSIFICATION, THE SO-CALLED "COMBINATION ARTICLE RULE," THE ARTICLE SHIPPED IS PROPERLY RATABLE ON THE BASIS OF A CLASS-A RATING.

THE SHIPMENT IS DESCRIBED IN THE BILL OF LADING AS "10 BOXES MACHINERY NOIBN BOXED (SMOKE GENERATORS MOUNTED ON TRAILERS)," WEIGHING 32,450 POUNDS. THE BILL OF LADING SHOWS THAT THE SHIPMENT CONSISTED OF 10 GENERATORS MOUNTED ON TRAILERS, WHICH WERE CONTAINED IN 10 BOXES HAVING A GROSS WEIGHT OF 3,245 POUNDS EACH. THERE IS NOTHING IN THE RECORD TO INDICATE THAT THE GENERATOR COULD BE READILY SEPARATED OR REMOVED FROM THE TRAILER OR, IF THE GENERATORS WERE REMOVED, THAT THE TRAILER--- WITHOUT STRUCTURAL ALTERATIONS--- COULD BE USED FOR HAULING FREIGHT OR FOR ANY OTHER USE. ALSO, THE U.S. NAVY REGIONAL ACCOUNTS OFFICE, WASHINGTON, D.C., REPORTS THAT THE SMOKE GENERATOR MOUNTED ON THE TRAILER WAS A SINGLE WORKING UNIT AND THAT THE TRAILER WAS A COMPONENT PART OF THE EQUIPMENT, OPERATING ONLY WITH THE SMOKE GENERATOR.

IT MUST BE CONCLUDED, THEREFORE, THAT THE UNIT WAS A MOBILE, OR PORTABLE, SMOKE GENERATOR RATHER THAN A COMBINATION ARTICLE AND, CONSEQUENTLY, RULE 18 OF THE GOVERNING FREIGHT CLASSIFICATION WOULD NOT BE APPLICABLE FOR DETERMINING THE CHARGES FOR THE TRANSPORTATION INVOLVED. SEE, IN THIS CONNECTION, STEWART AND STEVENSON SERVICES, INC. V. BALTIMORE AND OHIO RAILROAD COMPANY, 276 I.C.C. 156, 157, AND HARRISON CONSTRUCTION CO. V. CINCINNATI, N.O. AND T.P. RY. CO., 266 I.C.C. 313, 316-318. IN THE LATTER CASE IT WAS HELD THAT A TRUCK MOUNTED CONCRETE MIXER WAS A SELF-PROPELLED CONCRETE-MIXING MACHINE RATHER THAN A COMBINATION ARTICLE AND WAS SUBJECT TO THE RATING ON "MACHINERY OR MACHINES, N.O.I.B.N.' SEE, ALSO, OAKLAND TRUCK SALES COMPANY V. BALTIMORE AND OHIO RAILROAD COMPANY, ET AL., 270 I.C.C. 548.

IN ACCORDANCE WITH THE PRINCIPLES STATED IN THE ABOVE CASES THE CHARGES FOR THIS TRANSPORTATION SHOULD NOT BE IN EXCESS OF THOSE COMPUTED ON THE BASIS OF THE RATING PROVIDED IN ITEM 3960 OF TRANS CONTINENTAL FREIGHT BUREAU WEST-BOUND TARIFF NO. 1-V FOR "MACHINERY NOIBN.' THE SETTLEMENT, WHICH WAS CONSISTENT WITH THE FOREGOING, IS NOT SHOWN TO HAVE BEEN IN ERROR OTHERWISE AND, ACCORDINGLY, IS SUSTAINED.