B-126173, MAR. 22, 1956

B-126173: Mar 22, 1956

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TOPEKA AND SANTA FE RAILWAY COMPANY: REFERENCE IS MADE TO YOUR REQUEST FOR A REVIEW OF THE SETTLEMENT IN CLAIM TK-337073. THE ADMINISTRATIVE OFFICE ADVISES THAT THE ARTICLES IN QUESTION ARE STRUCTURAL PARTS OF A LANDING CRAFT. THERE SEEMS TO BE NO QUESTION THAT THESE DOORS ARE. IT IS NOTED THAT ITEM 5659 OF TRANS-CONTINENTAL FREIGHT BUREAU WEST-BOUND TARIFF 1-Y. IS DEFINED IN ITEM 8 OF THE TARIFF AS MEANING "NOT OTHERWISE SPECIFIED IN ANY OTHER ITEM" OF TARIFF 1-Y "CARRYING CARLOAD COMMODITY RATES BETWEEN THE SAME POINTS ON THAT ARTICLE IRRESPECTIVE OF PACKAGE REQUIREMENTS.'. SINCE YOU ARE APPARENTLY IN AGREEMENT THAT THESE ARTICLES ARE RATABLE AS STEEL DOORS. IS NOT PROPERLY APPLICABLE.

B-126173, MAR. 22, 1956

TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY:

REFERENCE IS MADE TO YOUR REQUEST FOR A REVIEW OF THE SETTLEMENT IN CLAIM TK-337073, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL CHARGES FOR THE TRANSPORTATION OF A SHIPMENT DESCRIBED ON THE BILL OF LADING AS "12 PCS. RAMP DOORS, PREFABRICATED STEEL, LOOSE," MOVING FROM MECHANICSBURG, PENNSYLVANIA, TO SAN FRANCISCO, CALIFORNIA, DURING AUGUST 1945.

AS INDICATED BY THE LETTER ENCLOSED WITH YOUR REQUEST FOR REVIEW, THE ADMINISTRATIVE OFFICE ADVISES THAT THE ARTICLES IN QUESTION ARE STRUCTURAL PARTS OF A LANDING CRAFT, OPENING OUTWARDS FROM THE CENTER TO THE SIDES OF THE SHIP, SO THAT A RAMP MAY BE EXTENDED FROM THE CRAFT FOR LANDING OPERATIONS.

THERE SEEMS TO BE NO QUESTION THAT THESE DOORS ARE, IN FACT, STRUCTURAL FORMS FABRICATED FROM BARS, PLATES, OR SHAPES 3/16 OF AN INCH THICK OR THICKER AND THAT, IN THE ABSENCE OF A MORE SPECIFIC COMMODITY DESCRIPTION, THE COMMODITY RATE NAMED ON STRUCTURAL FORMS WOULD BE FOR APPLICATION. HOWEVER, IT IS NOTED THAT ITEM 5659 OF TRANS-CONTINENTAL FREIGHT BUREAU WEST-BOUND TARIFF 1-Y, PROVIDES COMMODITY RATES ON IRON OR STEEL DOORS, N.O.S. THE ABBREVIATION "N.O.S.' IS DEFINED IN ITEM 8 OF THE TARIFF AS MEANING "NOT OTHERWISE SPECIFIED IN ANY OTHER ITEM" OF TARIFF 1-Y "CARRYING CARLOAD COMMODITY RATES BETWEEN THE SAME POINTS ON THAT ARTICLE IRRESPECTIVE OF PACKAGE REQUIREMENTS.'

SINCE YOU ARE APPARENTLY IN AGREEMENT THAT THESE ARTICLES ARE RATABLE AS STEEL DOORS, THERE APPEARS NO REASON WHY THE COMMODITY RATE ON DOORS, N.O.S., IS NOT PROPERLY APPLICABLE, IT BEING NOTED THAT THESE ARTICLES SEEM TO BE, IN FACT, IRON OR STEEL DOORS OF A PARTICULAR TYPE ON WHICH COMMODITY RATES ARE NOT NAMED IN ANY OTHER ITEM IN THE TARIFF 1-Y.

ACCORDINGLY, OUR TRANSPORTATION DIVISION IS BEING INSTRUCTED TO MAKE SUCH ADJUSTMENT AS MAY BE NECESSARY BY EMPLOYING THE COMMODITY RATES APPLICABLE ON DOORS, N.O.S. ..END :