B-127455, SEP. 13, 1956

B-127455: Sep 13, 1956

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TOPEKA AND SANTA FE RAILWAY COMPANY: REFERENCE IS MADE TO YOUR REQUEST. THE RECORD INDICATES THAT AMMUNITION FOR CANNON WITH EXPLOSIVE PROJECTILES WAS SHIPPED FROM DEFENSE. AGAINST WHICH INBOUND TONNAGE CREDITS ACCRUING ON BILLS OF LADING WV-4536969 AND WV-4537383 WERE SURRENDERED BY THE SHIPPING OFFICER AT MCCUNE. YOU CLAIMED AND WERE PAID $677.33 FOR THE TRANSPORTATION SERVICES ON BILL OF LADING WT 1453006 BASED UPON THE USE OF A LOCAL RATE FROM MCCUNE TO PORT CHICAGO. OUR TRANSPORTATION DIVISION FOUND AN OVERPAYMENT OF $84.60 WAS FOUND ON ANOTHER BILL OF LADING NOT HERE INVOLVED. WHICH WAS DEDUCTED FROM AMOUNTS OTHERWISE DUE. - WERE NOT THE . - AND THAT THEREFORE TRANSIT WAS NOT AVAILABLE UNDER THE ASSOCIATION OF AMERICAN RAILROADS SECTION 22 QUOTATION 31-E.

B-127455, SEP. 13, 1956

TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY:

REFERENCE IS MADE TO YOUR REQUEST, PER FILE G 473037, FOR REVIEW OF THE ACTION TAKEN BY OUR TRANSPORTATION DIVISION UNDER CLAIM NO. TK 605230, IN THE ADJUSTMENT OF THE FREIGHT CHARGES ON GOVERNMENT BILL OF LADING WT- 1453006, DATED MAY 18, 1945.

THE RECORD INDICATES THAT AMMUNITION FOR CANNON WITH EXPLOSIVE PROJECTILES WAS SHIPPED FROM DEFENSE, TEXAS, TO MCCUNE, NEW MEXICO, THE TRANSIT STATION UNDER GOVERNMENT BILLS OF LADING WV 4536969 AND WV- 4537383, IN OCTOBER 1944. THE ARTICLES SHIPPED OUTBOUND FROM THE TRANSIT STATION TO PORT CHICAGO, CALIFORNIA, ON BILL OF LADING WT-1453006, CONSISTED OF AMMUNITION FOR CANNON WITH EXPLOSIVE PROJECTILES AND EXPLOSIVE BOMBS, AGAINST WHICH INBOUND TONNAGE CREDITS ACCRUING ON BILLS OF LADING WV-4536969 AND WV-4537383 WERE SURRENDERED BY THE SHIPPING OFFICER AT MCCUNE. YOU CLAIMED AND WERE PAID $677.33 FOR THE TRANSPORTATION SERVICES ON BILL OF LADING WT 1453006 BASED UPON THE USE OF A LOCAL RATE FROM MCCUNE TO PORT CHICAGO, LESS LAND-GRANT DEDUCTIONS. OUR TRANSPORTATION DIVISION FOUND AN OVERPAYMENT OF $84.60 WAS FOUND ON ANOTHER BILL OF LADING NOT HERE INVOLVED, TOTAL $366.83, WHICH WAS DEDUCTED FROM AMOUNTS OTHERWISE DUE.

IN YOUR REQUEST FOR REVIEW YOU CONTEND THAT THE ARTICLES SHIPPED OUTBOUND FROM THE TRANSIT STATION--- AMMUNITION FOR CANNON WITH EXPLOSIVE PROJECTILES AND EXPLOSIVE BOMBS--- WERE NOT THE ,SAME COMMODITY" AS SHIPPED INBOUND--- AMMUNITION FOR CANNON WITH EXPLOSIVE PROJECTILES--- AND THAT THEREFORE TRANSIT WAS NOT AVAILABLE UNDER THE ASSOCIATION OF AMERICAN RAILROADS SECTION 22 QUOTATION 31-E.

ITEM NO. 15 (A) OF QUOTATION 31-E, AS PUBLISHED PRIOR TO APRIL 25, 1945, RELATING TO THE PRESERVATION OF IDENTITY OF TRANSITED ARTICLES, IS AS FOLLOWS:

"A RESHIPMENT IN A STRAIGHT CARLOAD FROM A TRANSIT POINT WILL BE ENTITLED TO THE TRANSIT PRIVILEGE ONLY WHEN THE TONNAGE RECORD SURRENDERED THEREFOR COVERS AN INBOUND SHIPMENT OF THE SAME COMMODITY SHIPPED OUTBOUND.'

A NOTE TO ITEM NO. 15 PROVIDED THAT---

"PRESERVATION OF THE IDENTITY OF EACH INBOUND SHIPMENT IS NOT REQUIRED AND SURRENDER OF ANY INBOUND TONNAGE RECORDS AGAINST ANY OUTBOUND SHIPMENT WILL BE PERMITTED AS SET FORTH ABOVE.'

A LIST OF COMMODITIES NAMED IN ITEM NO. 3 OF QUOTATION 31-E, SUBJECT TO THE TRANSIT PRIVILEGE, INCLUDES:

"AMMUNITION, EXPLOSIVES, INCENDIARY OR GAS, SMOKE OR TEAR PRODUCING, VIZ:

AMMUNITION, FIXED OR SEMI-FIXED, FOR CANNON; BANGOLORE TORPEDOES;

BOMBS, MINES OR DEPTH CHARGES;

PROJECTILES;

WAR HEADS.

"AMMUNITION, FIXED FOR SMALL ARMS, WITH EXPLOSIVE BULLETS.

"GASES, POISON.

"GRENADES, HAND OR RIFLE, PRACTICE.

"TORPEDOES, AIRCRAFT OR SUBMARINE, WITHOUT EXPLOSIVES, SELFPROPELLING.

EXPLOSIVE, VIZ:

CAPS, BLASTING OR ELECTRIC BLASTING; HIGH EXPLOSIVE, NOIBN HEREIN;

PICRIC ACID;

WET FULMINATE OF MERCURY.

"MILITARY PYROTECHNICS OR FIREWORKS.'

IT IS APPARENT FROM THE FORMAT OF THIS ITEM THAT SEVERAL GENERAL CLASSES OF COMMODITIES ARE CONTEMPLATED AS BEING SIMILAR FOR TRANSIT PURPOSES. THE ARTICLES "AMMUNITION, FIXED OR SEMI-FIXED FOR CANNON" AND "BOMBS, MINES OR DEPTH CHARGES" ARE ITEMS APPEARING UNDER THE GENERAL GROUP HEADING "AMMUNITION, EXPLOSIVES, INCENDIARY OR GAS, SMOKE OR TEAR- PRODUCING" AND, AS SUCH, ARE DISTINGUISHABLE FROM "GASES, POISON," AND OTHER GENERAL CLASSES OR GROUPS OF ITEMS NAMED IN THE LIST OF COMMODITIES. THUS, IT SEEMS CLEAR THAT AMMUNITION FOR CANNON WITH EXPLOSIVE PROJECTILES AND EXPLOSIVE BOMBS CONSTITUTE THE "SAME COMMODITY" WITHIN THE PURVIEW OF THE QUOTATION, AS EFFECTIVE AT THE TIME OF THE TRANSIT TRANSACTION HERE INVOLVED.

ACCORDINGLY, SINCE THE ACTION TAKEN BY OUR TRANSPORTATION DIVISION IS CONSISTENT WITH THE ABOVE VIEW AND IS NOT OTHERWISE IN ERROR WE WOULD NOT BE WARRANTED IN MODIFYING THE DISPOSITION OF THE CASE.