B-126496, MAY 29, 1956

B-126496: May 29, 1956

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TOPEKA AND SANTA FE RAILWAY COMPANY: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 5. IT HAS BEEN DETERMINED THAT THE PROPER CLASSIFICATION RATING TO BE APPLIED IS THAT FOR "TRACTOR SEAT CABS. YOUR BASIS OF CHARGES IS APPARENTLY COMPUTED ON THE SET-UP RATING AND RATE OF SECOND CLASS TO SCHNEIDER. IT SEEMS CLEAR THAT THE CABS WERE KNOCKED DOWN. THE CHARGES ARE THEREFORE FOR COMPUTATION ON THE BASIS OF THE FOURTH-CLASS RATING AND RATE TO SCHNEIDER. ON THAT BASIS YOU ARE DUE AN ADDITIONAL ALLOWANCE OF $363.93.

B-126496, MAY 29, 1956

TO ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 5, 1955, FILE G 472779, REQUESTING A REVIEW OF OUR SETTLEMENT CERTIFICATE T 591089,DATED OCTOBER 29, 1955, IN CLAIM TK-447419, WHICH ALLOWED, IN PART, YOUR CLAIM ON BILL NO. 472779-A, FOR $884.20 ADDITIONAL FOR THE TRANSPORTATION OF "25 BOX (25 KITS, ARMORED CABS D7)" WEIGHING 78,375 POUNDS, FROM CANTON, OHIO, TO SAN BERNARDINO, CALIFORNIA, UNDER BILL OF LADING NO. WW-8075380, DATED JULY 31, 1945.

THIS MATTER HAS BEEN RE-EXAMINED BY OUR TRANSPORTATION DIVISION AND, IN THE LIGHT OF ADDITIONAL INFORMATION FURNISHED BY THE DEPARTMENT OF THE ARMY WITH RESPECT TO THE CONTENTS OF EACH BOX CONSISTING OF A "KIT" OF 48 SEPARATE PARTS, IT HAS BEEN DETERMINED THAT THE PROPER CLASSIFICATION RATING TO BE APPLIED IS THAT FOR "TRACTOR SEAT CABS," PER ITEM 31570 OF CONSOLIDATED FREIGHT CLASSIFICATION NO. 16.

THIS ITEM PROVIDES A CARLOAD RATING OF SECOND CLASS ON TRACTOR SEAT CABS, SET UP, CARLOAD MINIMUM WEIGHT 10,000 POUNDS, AND A CARLOAD RATING OF FOURTH CLASS ON TRACTOR SEAT CABS, KNOCKED DOWN, CARLOAD MINIMUM WEIGHT 24,000 POUNDS. YOUR BASIS OF CHARGES IS APPARENTLY COMPUTED ON THE SET-UP RATING AND RATE OF SECOND CLASS TO SCHNEIDER, INDIANA. IN VIEW OF THE FACT THAT THE SHIPMENT CONSISTED OF 25 BOXES OF "KITS" OF ARMORED CABS, IT SEEMS CLEAR THAT THE CABS WERE KNOCKED DOWN. THE CHARGES ARE THEREFORE FOR COMPUTATION ON THE BASIS OF THE FOURTH-CLASS RATING AND RATE TO SCHNEIDER, INDIANA, AND BEYOND COLTON, CALIFORNIA, AS EXPLAINED IN OUR CERTIFICATE OF SETTLEMENT 646465, DATED DECEMBER 15, 1955. ON THAT BASIS YOU ARE DUE AN ADDITIONAL ALLOWANCE OF $363.93, WHICH SHOULD REACH YOU IN DUE COURSE.