B-127370, APR. 18, 1957

B-127370: Apr 18, 1957

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IS CAPTIONED "RATES ON MIXED TRUCKLOAD OR VOLUME PMENTS. WHEN A NUMBER OF DIFFERENT ARTICLES FOR WHICH RATINGS OR RATES ARE PROVIDED WHEN IN STRAIGHT TRUCKLOAD OR VOLUME SHIPMENTS ARE SHIPPED AT ONE TIME BY ONE CONSIGNOR TO ONE CONSIGNEE AND DESTINATION IN TRUCKLOAD OR A VOLUME SHIPMENT. THEY WILL BE CHARGED AT THE ACTUAL OR AUTHORIZED ESTIMATED WEIGHT AND AT THE STRAIGHT TRUCKLOAD OR VOLUME CLASS OR COMMODITY RATE (NOT MIXED TRUCKLOAD OR VOLUME RATE) APPLICABLE TO EACH ARTICLE: * *" THUS. SINCE ONE OF THE ARTICLES MAKING UP THE MIXED TRUCKLOAD SHIPMENT INVOLVED IN THIS CASE IS "RADIO TRANSMITTING AND RECEIVING SETS. PROVIDES THAT THE ANY- QUANTITY RATING IS "NOT APPLICABLE ON STRAIGHT T.L.

B-127370, APR. 18, 1957

TO MR. FRANK G. TELLERI, PRESIDENT:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER RELATIVE TO THE DISALLOWANCE OF YOUR CLAIM, PER SUPPLEMENTAL BILL NO. ED-13, FOR $57.32 AS A PART OF THE CHARGES ALLEGED TO BE DUE FOR TRANSPORTING A TRUCKLOAD SHIPMENT, 28,775 POUNDS OF VARIOUS COMMODITIES, INCLUDING 7,643 POUNDS OF RADIO TRANSMITTING AND RECEIVING SETS, COMBINED, FROM MECHANICSBURG, PENNSYLVANIA, TO BAYONNE, NEW JERSEY, ON BILL OF LADING NO. N-16251975 DURING JANUARY 1953.

YOU CONTEND THAT THE PUBLICATION OF AN ANY-QUANTITY RATING OF FIRST CLASS ON "ELECTRICAL APPLIANCES OR EQUIPMENT, OR PARTS NAMED," FOLLOWED BY A LIST OF APPLIANCES AND EQUIPMENT, INCLUDING RADIO TRANSMITTING AND RECEIVING SETS, COMBINES, IN ITEM 2250-C OF MIDDLE ATLANTIC CONFERENCE, AGENT, FREIGHT TARIFF NO. 10-I, EXCEPTIONS TO NATIONAL MOTOR FREIGHT CLASSIFICATIONS, ELIMINATED THE USE OF THE NATIONAL MOTOR FREIGHT CLASSIFICATION RATING OF THIRD CLASS ON RADIO TRANSMITTING OR RECEIVING SETS, COMBINES, WHEN SHIPPED IN A MIXED TRUCKLOAD WITH OTHER ARTICLES NOT INCLUDED IN THAT LIST, UNDER RULE 2, AS AMENDED, OF THESE EXCEPTIONS.

RULE 2 OF THE CITED TARIFF NO. 10-I, IS CAPTIONED "RATES ON MIXED TRUCKLOAD OR VOLUME PMENTS," AND SECTION A THEREOF READS, IN PART, AS FOLLOWS:

"EXCEPT AS OTHERWISE PROVIDED, WHEN A NUMBER OF DIFFERENT ARTICLES FOR WHICH RATINGS OR RATES ARE PROVIDED WHEN IN STRAIGHT TRUCKLOAD OR VOLUME SHIPMENTS ARE SHIPPED AT ONE TIME BY ONE CONSIGNOR TO ONE CONSIGNEE AND DESTINATION IN TRUCKLOAD OR A VOLUME SHIPMENT, THEY WILL BE CHARGED AT THE ACTUAL OR AUTHORIZED ESTIMATED WEIGHT AND AT THE STRAIGHT TRUCKLOAD OR VOLUME CLASS OR COMMODITY RATE (NOT MIXED TRUCKLOAD OR VOLUME RATE) APPLICABLE TO EACH ARTICLE: * *"

THUS, IN COMPUTING THE CHARGES ON A MIXED TRUCKLOAD SHIPMENT, THE "STRAIGHT TRUCKLOAD RATE" APPLICABLE ON EACH INDIVIDUAL ARTICLE IN THE MIXED TRUCKLOAD SHALL BE APPLIED TO THE PARTICULAR ARTICLE ON WHICH IT APPLIES. THEREFORE, SINCE ONE OF THE ARTICLES MAKING UP THE MIXED TRUCKLOAD SHIPMENT INVOLVED IN THIS CASE IS "RADIO TRANSMITTING AND RECEIVING SETS, COMBINES," THE "STRAIGHT TRUCKLOAD RATE" WHICH WOULD BE APPLICABLE ON A "STRAIGHT TRUCKLOAD" OF THIS PARTICULAR ARTICLE MUST BE APPLIED ON THAT PARTICULAR ARTICLE IN COMPUTING THE CHARGES ON THE MIXED TRUCKLOAD SHIPMENT.

ITEM 2250-C OF TARIFF 10-I PROVIDES AN ANY-QUANTITY RATING ON "ELECTRICAL APPLIANCES OR EQUIPMENT, OR PARTS NAMED," FOLLOWED BY A LIST OF ARTICLES, INCLUDING "RADIO TRANSMITTING AND RECEIVING SETS, COMBINED," ON WHICH THE ANY-QUANTITY RATING APPLIES, IN "STRAIGHT OR MIXED SHIPMENTS, EXCEPT AS OTHERWISE PROVIDED.' A REFERENCE MARK PLACED IN FRONT OF THE LISTING OF RADIO TRANSMITTING AND RECEIVING SETS, COMBINED, PROVIDES THAT THE ANY- QUANTITY RATING IS "NOT APPLICABLE ON STRAIGHT T.L. SHIPMENT.' THUS, SINCE THE ANY-QUANTITY RATING IS INAPPLICABLE ON STRAIGHT TRUCKLOAD SHIPMENTS OF RADIO TRANSMITTING AND RECEIVING SETS, COMBINES, AND THIRD- CLASS RATING PROVIDED IN THE NATIONAL MOTOR FREIGHT CLASSIFICATION FOR APPLICATION ON STRAIGHT TRUCKLOAD SHIPMENTS OF THIS ARTICLE MUST BE APPLIED TO THAT ARTICLE IN THE MIXED TRUCKLOAD SHIPMENT HERE INVOLVED.

THEREFORE, SINCE THE EXCEPTIONS IN RULE 2 OF THIS TARIFF, QUOTED ABOVE, PROVIDE THAT WHEN A SHIPMENT CONTAINS A NUMBER OF DIFFERENT ARTICLES FOR WHICH RATINGS OR RATES ARE PROVIDED WHEN IN STRAIGHT TRUCKLOADS THEY WILL BE CHARGED FOR AT THE STRAIGHT TRUCKLOAD CLASS OR COMMODITY RATE APPLICABLE TO EACH ARTICLE, THE STRAIGHT TRUCKLOAD RATE IS THE ONLY RATE PROPERLY APPLICABLE ON RADIO TRANSMITTING AND RECEIVING SETS, COMBINED, WHICH WERE INCLUDED IN THIS MIXED TRUCKLOAD SHIPMENT.