B-125736, OCT. 25, 1955

B-125736: Oct 25, 1955

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MOBILE AND OHIO RAILROAD COMPANY: REFERENCE IS MADE TO YOUR REQUEST. ALL OF THESE BILLS OF LADING SHOW THAT THE SHIPMENTS OF SHELL CONTAINERS WHICH THEY COVERED WERE PROCURED UNDER WAR DEPARTMENT (ORDNANCE DEPARTMENT) CONTRACT NO. FOR THIS TRANSPORTATION YOU CLAIMED ON YOUR BILL NO. 96266 CHARGES WHICH WERE COMPUTED ON THE BASIS OF A FIFTH-CLASS RATE OR 98 CENTS. YOU WERE PAID THE FULL AMOUNT CLAIMED ON VOUCHER NO. 222151 OF THE MARCH 1945 ACCOUNTS OF M. THE CLAIM WAS DISALLOWED BECAUSE THE ARTICLES APPEARED TO BE PROPERLY CLASSIFIED AS SHELL CONTAINERS. ARMY IN WHICH IT IS SHOWN THAT THE CONTRACT RECORDS SHOW THAT THESE "SHIPMENTS CONSISTED OF CONTAINERS. THE ARTICLE INVOLVED IS DESCRIBED IN THE ORDNANCE DEPARTMENT PURCHASE CONTRACT AS A "FIBER CONTAINER.

B-125736, OCT. 25, 1955

TO GULF, MOBILE AND OHIO RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR REQUEST, PER FILE REFERENCE G-96266-CL 25, FOR REVIEW OF THE SETTLEMENT WHICH DISALLOWED YOUR CLAIM FOR $1,689.84 AS A PART OF THE CHARGES ALLEGED TO BE DUE FOR TRANSPORTING ELEVEN SHIPMENTS DESCRIBED AS "CTNS. SHELL CONTAINERS (10,304 M128A1 FIBRE CONTAINERS)," SHIPPED BY THE CLEVELAND CONTAINER COMPANY, CLEVELAND, OHIO, TO THE GULF ORDNANCE PLANT, PRAIRIE, MISSISSIPPI, ON BILLS OF LADING NOS. WV-5453261 TO WV-5453263, INCLUSIVE, AND WV 5456860 TO WV-5456867, INCLUSIVE, DURING NOVEMBER 1944. ALL OF THESE BILLS OF LADING SHOW THAT THE SHIPMENTS OF SHELL CONTAINERS WHICH THEY COVERED WERE PROCURED UNDER WAR DEPARTMENT (ORDNANCE DEPARTMENT) CONTRACT NO. W 33-019-ORD-2774.

FOR THIS TRANSPORTATION YOU CLAIMED ON YOUR BILL NO. 96266 CHARGES WHICH WERE COMPUTED ON THE BASIS OF A FIFTH-CLASS RATE OR 98 CENTS, REDUCED BY LAND-GRANT DEDUCTION TO 70.683 CENTS PER 100 POUNDS, AND YOU WERE PAID THE FULL AMOUNT CLAIMED ON VOUCHER NO. 222151 OF THE MARCH 1945 ACCOUNTS OF M. B. HALE, ARMY DISBURSING OFFICER. THEREAFTER, YOU CLAIMED ADDITIONAL CHARGES COMPUTED ON THE BASIS OF THE THIRD-CLASS RATE APPLICABLE ON "BOXES, BOTTLES OR CANS, FIBREBOARD, PAPER OR PULPBOARD, WITH OR WITHOUT METAL TOPS OR BOTTOMS, NOIBN, SU," AS PROVIDED IN ITEM 6125 OF CONSOLIDATED FREIGHT CLASSIFICATION NO. 16. THE CLAIM WAS DISALLOWED BECAUSE THE ARTICLES APPEARED TO BE PROPERLY CLASSIFIED AS SHELL CONTAINERS, UNDER ITEM 34655 OF THE CONSOLIDATED FREIGHT CLASSIFICATION.

WITH YOUR REQUEST FOR REVIEW YOU ENCLOSED A COPY OF A LETTER FROM THE KANSAS CITY TRANSPORTATION CORPS UNIT OF THE U.S. ARMY IN WHICH IT IS SHOWN THAT THE CONTRACT RECORDS SHOW THAT THESE "SHIPMENTS CONSISTED OF CONTAINERS, FIBRE, M128A1, WITH METAL ENDS.' YOU URGE THAT THESE SHIPMENTS SHOULD BE DESCRIBED AND RATED AS "FIBRE CONTAINERS WITH METAL TOPS OR BOTTOMS," UNDER ITEM 6125 OF THE CONSOLIDATED FREIGHT CLASSIFICATION.

THE ARTICLE INVOLVED IS DESCRIBED IN THE ORDNANCE DEPARTMENT PURCHASE CONTRACT AS A "FIBER CONTAINER, M128A1," AND IN THE BILLS OF LADING PREPARED BY THE ORDNANCE DEPARTMENT AS "SHELL CONTAINERS" -- "M128A1 FIBER CONTAINERS.' THE OFFICE OF THE CHIEF OF TRANSPORTATION HAS INFORMED OUR OFFICE BY LETTER DATED SEPTEMBER 2,1955, FILE TCFTD RN 551.2 SHEEL CONTAINERS, FIBRE, THAT ,THE FIBER CONTAINER, 2128A1, IS USED FOR PACKING COMPLETE ROUNDS OF 57-MM ARMOR-PIERCING-CAPPED (APC) AMMUNITION," AND THAT "ITEM 34655 WAS ESTABLISHED IN THE CLASSIFICATION TO SPECIFICALLY PROVIDE FOR THE SHELL CONTAINERS USED BY THE DEPARTMENT OF DEFENSE.' ITEM 34655 OF THE CLASSIFICATION, UNDER THE GENERAL HEADING OF ORDNANCE, PROVIDES A FIFTH-CLASS RATING ON "SHELL CONTAINERS (PAPER TUBES WITH METAL TOPS AND BOTTOMS), IN PACKAGES.'

THE DESCRIPTIONS IN ITEM 34655 OF THE CLASSIFICATION SEEMS TO COVER THE SHIPMENTS INVOLVED IN THIS CASE MORE SPECIFICALLY THEN THE DESCRIPTION IN CLASSIFICATION ITEM 6125 AND, BEING THE MORE SPECIFIC, THE RATING PROVIDED IN ITEM 34655 IS PROPER FOR USE IN DETERMINING THE CHARGES ON THESE SHIPMENTS. UNITED STATES V. GULF REFINING COMPANY, 268 U.S. 542, 546; AMERICAN FLANGE AND MANUFACTURING COMPANY V. ATCHISON, T. AND S.F. RY. CO., 200 I.C.C. 631. ACCORDINGLY, THE CHARGES HAVING BEEN PAID ON THE BASIS OF THE RATING PROVIDED IN CLASSIFICATION ITEM 34655, THE SETTLEMENT