B-127876, MAY 28, 1956

B-127876: May 28, 1956

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

ROCK-ISLAND TRANSFER AND STORAGE CO.: REFERENCE IS MADE TO YOUR LETTER OF MARCH 21. ALUMINUM (TRANSMISSIONS)" IS PROPERLY SUBJECT TO THE THIRD-CLASS TRUCKLOAD RATINGS PROVIDED BY ITEMS 6458 AND 6460 OF NATIONAL MOTOR FREIGHT CLASSIFICATION NO. 11 ON "ENGINE PARTS. THE CITED SETTLEMENT WAS BASED ON A CLASS 40 TRUCKLOAD RATING PROVIDED FOR IN THE NATIONAL MOTOR FREIGHT CLASSIFICATION NO. 11. IN CONNECTION WITH THE MATTER YOU ARE ADVISED THAT THE PROPER CLASSIFICATION DESCRIPTION OF THE ARTICLE IN QUESTION APPEARS TO HAVE BEEN THE SUBJECT OF INVESTIGATION BY THE INTERSTATE COMMERCE COMMISSION AND ON DECEMBER 9.

B-127876, MAY 28, 1956

TO MR. CHARLES W. BURKE, VICE PRESIDENT, ROCK-ISLAND TRANSFER AND STORAGE CO.:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 21, 1956, REQUESTING REVIEW OF SETTLEMENT DATED MARCH 15, 1956, CLAIM NO. TK-389430, WHICH DISALLOWED YOUR CLAIM FOR $51.46, THE AMOUNT DEDUCTED BECAUSE OF AN OVERPAYMENT MADE ON YOUR BILL 799 IN CONNECTION WITH BILL OF LADING NO. WT-7172303.

YOU CONTEND THAT THE SHIPMENT DESCRIBED IN THE BILL OF LADING AS "AUTOMOBILE DRIVING GEAR PARTS, NOI, ALUMINUM (TRANSMISSIONS)" IS PROPERLY SUBJECT TO THE THIRD-CLASS TRUCKLOAD RATINGS PROVIDED BY ITEMS 6458 AND 6460 OF NATIONAL MOTOR FREIGHT CLASSIFICATION NO. 11 ON "ENGINE PARTS, NOI, DRIVING GEAR (RUNNING GEAR) PARTS, NOI; OF STEERING GEAR PARTS, NOI: ALUMINUM.' THE CITED SETTLEMENT WAS BASED ON A CLASS 40 TRUCKLOAD RATING PROVIDED FOR IN THE NATIONAL MOTOR FREIGHT CLASSIFICATION NO. 11, ITEM 64750, ON REDUCING MACHINES, GEAR OR SPEED.

IN CONNECTION WITH THE MATTER YOU ARE ADVISED THAT THE PROPER CLASSIFICATION DESCRIPTION OF THE ARTICLE IN QUESTION APPEARS TO HAVE BEEN THE SUBJECT OF INVESTIGATION BY THE INTERSTATE COMMERCE COMMISSION AND ON DECEMBER 9, 1955, IN DOCKET MC-C-1644, GENERAL MOTORS CORPORATION V. INTERSTATE MOTOR FREIGHT SYSTEM, IT WAS HELD THAT "CONSIDERING THE VARIOUS FUNCTIONS WHICH IT PERFORMS AND ITS SIZE AND WEIGHT, WE ARE OF THE OPINION THAT THIS TRANSMISSION IS COMPREHENDED WITHIN THE CLASSIFICATION DESCRIPTION "MACHINERY OR MACHINES, NOI.'" ACCORDINGLY, SINCE THE QUESTIONED SETTLEMENT WAS BASED ON A CLASS 40 RATING WHICH IS THE RATING PROVIDED FOR "MACHINERY NOI," IN ITEM 67570 OF THE NATIONAL MOTOR FREIGHT CLASSIFICATION NO. 11, NO ADJUSTMENT IS REQUIRED, AND ..END :