B-127269, OCT. 31, 1956

B-127269: Oct 31, 1956

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BURLINGTON AND QUINCY RAILROAD COMPANY: REFERENCE IS MADE TO YOUR LETTER OF MARCH 5. OF THIS TYPE OF VEHICLE IS "FREIGHT AUTOMOBILES. WERE SET-UP MOTOR VEHICLES. THE BILLS OF LADING DO NOT INDICATE THAT BODIES WERE INCLUDED IN THE SHIPMENTS. ARE INVOLVED. WAS WHETHER THE RATINGS SHOWN IN ITEM 43780 OR IN ITEM 43810 OF THE GOVERNING CLASSIFICATION APPLIED TO COMPLETE MOTOR VEHICLES. WHICH GAVE EFFECT TO THE PRINCIPLE OF THOSE RULINGS IS NOT SHOWN TO BE IN ERROR OTHERWISE. IT IS SUSTAINED.

B-127269, OCT. 31, 1956

TO CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 5, 1956, FILE GOVT. BILL 29589- A, FOR REVIEW OF THE SETTLEMENT CERTIFICATE OF FEBRUARY 16, 1954, WHICH DISALLOWED YOUR CLAIM FOR $755.35, ALLEGED TO BE THE BALANCE DUE FOR THE TRANSPORTATION OF FIVE CARLOADS OF "MOTOR VEHICLES, FREIGHT, TRUCKS, 2 1/2 -TON, 6 BY 6, CHASSIS AND CAB, LWB, BOXED FOR EXPORT (4 EACH)," COVERED BY GOVERNMENT BILLS OF LADING NOS. WQ-7905331, WQ 7905339, WQ-7905344, WQ- 7905345, AND WQ-7905346, FROM PONTIAC, MICHIGAN, TO FORT CROOK, NEBRASKA, IN APRIL 1943. 2 1/2-TON 6 BY 6 MOTOR VEHICLES, THE PROPER CLASSIFICATION, FOR RATING PURPOSES, OF THIS TYPE OF VEHICLE IS "FREIGHT AUTOMOBILES," IN ACCORDANCE WITH THE DECISION OF THE INTERSTATE COMMERCE COMMISSION IN THE CASE OF AUGUST PLANTZ, INC. V. ATLANTIC AND EAST CAROLINA RAILWAY COMPANY, 291 I.C.C. 771. THE VEHICLES CONSIDERED IN THE PLANTZ CASE, WERE SET-UP MOTOR VEHICLES, COMPLETE WITH BODIES, WHEREAS THE VEHICLES IN QUESTION HERE APPEAR TO BE KNOCKED-DOWN CARGO TRUCK CHASSIS. THE BILLS OF LADING DO NOT INDICATE THAT BODIES WERE INCLUDED IN THE SHIPMENTS, BUT INDICATE THAT ONLY CHASSIS, AXLES, AND CABS, BOXED SEPARATELY FOR EXPORT, ARE INVOLVED. THE ISSUE DECIDED BY THE COMMISSION IN THE PLANTZ CASE, WAS WHETHER THE RATINGS SHOWN IN ITEM 43780 OR IN ITEM 43810 OF THE GOVERNING CLASSIFICATION APPLIED TO COMPLETE MOTOR VEHICLES, SHIPPED SET UP, EQUIPPED WITH THE SO-CALLED MILITARY MUD AND SNOW TREAD TIRES. THUS, THE DECISION IN THE PLANTZ CASE DOES NOT CONTROL THE DISPOSITION OF THE INSTANT MATTER.

THE TRANSPORTATION DIVISION OF OUR OFFICE COMPUTED THE ALLOWABLE CHARGES ON THESE SHIPMENTS OF FREIGHT AUTOMOBILE CHASSIS, KNOCKED-DOWN AND BOXED FOR EXPORT, CONSISTENT WITH PRINCIPLE OF THE RULINGS OF THE INTERSTATE COMMERCE COMMISSION IN HARRISON CONSTRUCTION CO. V. PENNSYLVANIA R. O., 280 I.C.C. 279, AND GRAFTON COAL CO. V. BALTIMORE AND O.R. CO., 280 I.C.C. 435. SINCE OUR SETTLEMENT CERTIFICATE, WHICH GAVE EFFECT TO THE PRINCIPLE OF THOSE RULINGS IS NOT SHOWN TO BE IN ERROR OTHERWISE, IT IS SUSTAINED.