B-129219, OCT. 17, 1956

B-129219: Oct 17, 1956

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TOPEKA AND SANTA FE RAILWAY COMPANY: REFERENCE IS MADE TO YOUR FILE C-328874 UNDER WHICH YOU REQUESTED REVIEW OF THE ACTION OF OUR TRANSPORTATION DIVISION IN DISALLOWING YOUR CLAIM. THE RECORD IN THIS MATTER SHOWS THAT YOU CLAIMED ORIGINALLY AND WERE PAID THE SUM OF $842.38. IN THE AUDIT OF YOUR BILL IN OUR TRANSPORTATION DIVISION IT WAS DETERMINED THAT THE PROPER CHARGES WERE $385.15. THE RESULTING OVERPAYMENT OF $457.23 WAS RECOVERED BY DEDUCTION FROM AMOUNTS OTHERWISE DUE ON YOUR BILL NO. 629675. THAT THE RATE PROVIDED IN THE TARIFF FOR APPLICATION ON SHIPMENTS OF COTTON CURTAINS OR NETTING (CURTAINS) WILL NOT APPLY ON MADE-UP COTTON MOSQUITO NETS IN BALES. RATHER THAN THE PIECE GOODS FROM WHICH THE FINISHED ARTICLE IS MANUFACTURED.

B-129219, OCT. 17, 1956

TO ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY:

REFERENCE IS MADE TO YOUR FILE C-328874 UNDER WHICH YOU REQUESTED REVIEW OF THE ACTION OF OUR TRANSPORTATION DIVISION IN DISALLOWING YOUR CLAIM, PER BILL NO. C-328874, FOR $457.23 ADDITIONAL TO THE AMOUNT PREVIOUSLY PAID FOR TRANSPORTING A SHIPMENT WHICH MOVED UNDER BILL OF LADING WQ- 11436129, DATED MARCH 12, 1944, DESCRIBED AS "537 BALES MOSQUITO NETTING, COTTON (25 EA.) DRY GOODS NOIBN.'

THE RECORD IN THIS MATTER SHOWS THAT YOU CLAIMED ORIGINALLY AND WERE PAID THE SUM OF $842.38. IN THE AUDIT OF YOUR BILL IN OUR TRANSPORTATION DIVISION IT WAS DETERMINED THAT THE PROPER CHARGES WERE $385.15, COMPUTED AT A RATE OF $1.82 PER 100 POUNDS IN ACCORDANCE WITH THE PROVISIONS OF ITEM 2377 OF TRANS-CONTINENTAL FREIGHT BUREAU TARIFF NO. 1-1. THE RESULTING OVERPAYMENT OF $457.23 WAS RECOVERED BY DEDUCTION FROM AMOUNTS OTHERWISE DUE ON YOUR BILL NO. 629675, IN OCTOBER 1954. IN YOUR REQUEST FOR REVIEW OF THE ACTION TAKEN YOU CONTEND, IN EFFECT, THAT THE RATE PROVIDED IN THE TARIFF FOR APPLICATION ON SHIPMENTS OF COTTON CURTAINS OR NETTING (CURTAINS) WILL NOT APPLY ON MADE-UP COTTON MOSQUITO NETS IN BALES. YOU URGE THAT THE SHIPMENT SHOULD BE RATED UNDER ITEM 33145 OF CONSOLIDATED FREIGHT CLASSIFICATION NO. 16 AS "NETS, NOIBN, IN BARRELS OR BOXES.' IN THIS CONNECTION, INFORMATION FURNISHED BY THE ADMINISTRATIVE OFFICE INDICATES THAT THE SHIPMENT IN QUESTION ACTUALLY CONSISTED OF MOSQUITO BARS, IN BALES, RATHER THAN THE PIECE GOODS FROM WHICH THE FINISHED ARTICLE IS MANUFACTURED.

THE MOSQUITO BARS OR "MOSQUITO NETTING" HERE CONCERNED, WHICH ARE USED BY MILITARY PERSONNEL, HANG FROM RODS ATTACHED TO BEDS OR COTS IN MUCH THE SAME MANNER AS THAT IN WHICH CURTAINS ARE DRAPED ABOUT BEDS IN THE HOME FOR THE PURPOSE OF WARDING OFF INSECTS. THERE IS PROVIDED IN ITEM 2377 OF TRANS-CONTINENTAL FREIGHT BUREAU TARIFF 1-X RATES ON "CURTAINS, COTTON," AS WELL AS ,NETTING (CURTAIN), COTTON.' WEBSTER'S NEW INTERNATIONAL UNABRIDGED DICTIONARY DEFINES A CURTAIN AS:

"A HANGING SCREEN INTENDED TO * * * PROTECT, USUALLY ADMITTING OF BEING DRAWN UP OR BACK AT PLEASURE, ESP. DRAPES OR CLOTH OR LACE AT A WINDOW OR AROUND A BED.'

THE DEFINITION OF "NETTING" CONTAINED IN THE SAME DICTIONARY IS AS FOLLOWS:

"A PIECE OF NETWORK; ANY FABRIC OF CROSSING CORDS, THREADS, ROPES, WIRE, OR THE LIKE, WITH OPEN SPACES BETWEEN.'

FROM THE FOREGOING, IT SEEMS THAT IN THE ABSENCE OF A MORE SPECIFIC COMMODITY DESCRIPTION IN ITEM 2377, OR ELSEWHERE IN THE TARIFF, EITHER OF THE DESCRIPTIONS,"CURTAINS, COTTON," OR "NETTING (CURTAIN), COTTON," BOTH CONTAINED IN ITEM 2377 OF TRANS-CONTINENTAL TARIFF NO. I X, UNDER THE HEADING "DRY GOODS, IN BALES, UNLESS OTHERWISE PROVIDED," WOULD APPLY ON THE SHIPMENT OF MOSQUITO BARS HERE INVOLVED. ALSO, THE RULE THAT THE SPECIFIC TAKES PRECEDENCE OVER THE GENERAL HAS NO APPLICATION WHERE ONE RATE IS A COMMODITY RATE AND THE OTHER A CLASS RATE. IN SUCH CASES THE COMMODITY RATE APPLIES. LIGHTSEY BROS. V. SEABOARD AIR LINE RY. CO., 229 I.C.C. 526, 527.

UPON THE BASIS OF THIS RECORD, THE OVERPAYMENT OF $457.23 SEEMS TO HAVE BEEN CORRECTLY DETERMINED AND, ACCORDINGLY, THE DEDUCTION OF THAT AMOUNT FROM YOUR BILL NO. 629675 WAS PROPER.