B-127145, OCT. 26, 1956

B-127145: Oct 26, 1956

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WHICH COVERED A CARLOAD SHIPMENT OF FIRE-PROOFED COTTON CLOTH (NOT COATED) WHICH WAS TRANSPORTED FROM MORRISTOWN. ITEM 3251C OF SUPPLEMENT 209 TO TRUNK LINE TERRITORY TARIFF BUREAU TARIFF NO. 90-K WAS IN EFFECT. FIRE-PROOFED COTTON CLOTH (NOT COATED) IS DESCRIBED IN LIST 36 AND AFTER THE COMMODITY DESCRIPTION THE ABBREVIATION "L.C.L.'. THE FACT THAT THERE WAS NO DOUBT ABOUT THE APPLICATION OF ITEM 3251 AND LIST 36 BOTH BEFORE AND SHORTLY AFTER PUBLICATION OF SUPPLEMENT 209 ONLY SERVED TO CREATE GREATER UNCERTAINTY AS TO THE MEANING OF THE ITEM AND LIST DURING THE PERIOD THE SUPPLEMENT 209 PROVISIONS WERE IN EFFECT. THE AMBIGUITY WAS RESOLVED HERE IN FAVOR OF THE UNITED STATES. IT WAS CONCLUDED THAT THE RATINGS APPLICABLE ON QUANTITIES OF AND OVER 20.

B-127145, OCT. 26, 1956

TO THE BALTIMORE AND OHIO RAILROAD COMPANY:

CONSIDERATION HAS BEEN GIVEN TO YOUR REQUEST PER FILE NO. USG BILL 0109063-CRS. FOR REVIEW OF THE SETTLEMENT OF FEBRUARY 10, 1956, WHICH DISALLOWED YOUR CLAIM FOR $155.02, ALLEGED TO BE THE BALANCE DUE ON YOUR BILL NO. 0109063, IN CONNECTION WITH BILL OF LADING WV-1881374, WHICH COVERED A CARLOAD SHIPMENT OF FIRE-PROOFED COTTON CLOTH (NOT COATED) WHICH WAS TRANSPORTED FROM MORRISTOWN, PENNSYLVANIA, TO SHELBY, OHIO, ON SEPTEMBER 7, 1951.

AT THE TIME THIS SHIPMENT MOVED, ITEM 3251C OF SUPPLEMENT 209 TO TRUNK LINE TERRITORY TARIFF BUREAU TARIFF NO. 90-K WAS IN EFFECT. THE ITEM PROVIDED FOR APPLICATION FROM AND TO THE POINTS HERE CONCERNED, A RATING OF CLASS 57F ON L.C.L. TRAFFIC AND RATINGS OF CLASS 50 ON SHIPMENTS OF QUANTITIES OF 20,000 POUNDS AND CLASS 40 ON THE WEIGHT IN EXCESS OF 20,000 POUNDS, APPLICABLE ON COTTON PIECE GOODS, FINISHED, AND OTHER ARTICLES,"AS DESCRIBED IN LIST 36, MADE WHOLLY OF COTTON, UNLESS OTHERWISE SPECIFICALLY PROVIDED IN LIST 36.' FIRE-PROOFED COTTON CLOTH (NOT COATED) IS DESCRIBED IN LIST 36 AND AFTER THE COMMODITY DESCRIPTION THE ABBREVIATION "L.C.L.' APPEARS. THE QUESTION ARISES, THEREFORE, WHETHER THE WORDS "AS DESCRIBED IN LIST 36," AS USED IN ITEM 325C, MEAN THE COMMODITY DESCRIPTIONS ALONE IN LIST 36 OR BOTH THE COMMODITY DESCRIPTIONS AND THE QUANTITY DESIGNATIONS SHOWN THEREWITH. THE FACT THAT THERE WAS NO DOUBT ABOUT THE APPLICATION OF ITEM 3251 AND LIST 36 BOTH BEFORE AND SHORTLY AFTER PUBLICATION OF SUPPLEMENT 209 ONLY SERVED TO CREATE GREATER UNCERTAINTY AS TO THE MEANING OF THE ITEM AND LIST DURING THE PERIOD THE SUPPLEMENT 209 PROVISIONS WERE IN EFFECT. THE AMBIGUITY WAS RESOLVED HERE IN FAVOR OF THE UNITED STATES, AS SHIPPER, AND IT WAS CONCLUDED THAT THE RATINGS APPLICABLE ON QUANTITIES OF AND OVER 20,000 POUNDS WERE APPLICABLE TO THE SUBJECT SHIPMENT.

THE QUESTION OF THE APPLICATION OF THESE RATINGS WAS CONSIDERED AND DISCUSSED IN DETAIL IN A PREVIOUS LETTER TO YOU, B-127144, DATED SEPTEMBER 4, 1956 (COPY ENCLOSED FOR YOUR CONVENIENCE), CONCERNING A SHIPMENT OF WATER-PROOFED COTTON CLOTH, AND WHAT WAS SAID IN THAT LETTER IS EQUALLY PERTINENT TO THE PRESENT CASE.

WE CONCLUDE, THEREFORE, FOR THE REASONS STATED ABOVE AND IN THE CITED LETTER, THAT THE SETTLEMENT HERE, GIVING EFFECT THE THE EXCEPTION RATINGS, WAS PROPER, AND IT IS, ACCORDINGLY, SUSTAINED.