B-134061, NOV. 19, 1957

B-134061: Nov 19, 1957

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TO THE PENNSYLVANIA RAILROAD COMPANY: REFERENCE IS MADE TO YOUR LETTER. YOU CLAIMED AND WERE PAID TRANSPORTATION CHARGES OF $138. IN THE AUDIT OF YOUR BILL IT WAS DETERMINED THAT THE PROPER CHARGES WERE $97.20. THE INDICATED OVERPAYMENT OF $40.80 WAS DEDUCTED FROM AN AMOUNT OTHERWISE DUE YOU IN THE PAYMENT ON ANOTHER BILL. THE SHIPMENT AT THAT TIME WAS PROPERLY RATABLE UNDER ITEM NO. 15895 OF THE CLASSIFICATION. THERE IS NOTHING IN THE RECORD TO SHOW CONCLUSIVELY WHETHER OR NOT THE SHIPMENT CONSISTED OF ARTICLES OTHER THAN THOSE DESCRIBED ON THE BILL OF LADING. THERE IS NOTHING ON WHICH OUR OFFICE COULD BASE A CONCLUSION DIFFERENT FROM THAT REACHED BY THE ADMINISTRATIVE OFFICE AS TO THE PROPER RATING TO BE APPLIED TO THE SHIPMENT.

B-134061, NOV. 19, 1957

TO THE PENNSYLVANIA RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR LETTER, WRITTEN UNDER FILE 149-C-8/51107A, REQUESTING REVIEW OF THE SETTLEMENT (CLAIM TK-437986) DATED OCTOBER 13,1953, WHICH DISALLOWED YOUR CLAIM FOR $40.80 ADDITIONAL CHARGES ALLEGED TO BE DUE FOR THE TRANSPORTATION OF A SHIPMENT BILLED AS "MACHINERY, APPLIANCES AND SUPPLIES," FROM BALTIMORE, MARYLAND, TO MIDDLETOWN, PENNSYLVANIA, UNDER GOVERNMENT BILL OF LADING NO. WQ 9524972, IN NOVEMBER 1942.

FOR THIS SERVICE, YOU CLAIMED AND WERE PAID TRANSPORTATION CHARGES OF $138, COMPUTED ON THE BASIS OF A THIRD-CLASS RATE OF 46 CENTS PER 100 POUNDS AT A MINIMUM WEIGHT OF 30,000 POUNDS. IN THE AUDIT OF YOUR BILL IT WAS DETERMINED THAT THE PROPER CHARGES WERE $97.20, COMPUTED ON THE BASIS OF A CLASS-40 RATE OF 25 CENTS PER 100 POUNDS AT THE MINIMUM WEIGHT OF 38,880 POUNDS FOR THE SIZE OF THE CAR ORDERED, APPLICABLE ON MACHINES OR MACHINERY UNDER ITEM 31890 OF CONSOLIDATED FREIGHT CLASSIFICATION NO. 15. THE INDICATED OVERPAYMENT OF $40.80 WAS DEDUCTED FROM AN AMOUNT OTHERWISE DUE YOU IN THE PAYMENT ON ANOTHER BILL.

IN YOUR REQUEST FOR REVIEW YOU CLAIM THE AMOUNT OF $40.80 SO DEDUCTED, URGING, IN SUBSTANCE, THAT THE SHIPMENT ACTUALLY CONSISTED OF AIRPLANE GUN TURRETS WITH FULL ELECTRICAL OPERATING DEVICES AND INSTRUMENTS, BUT THAT THE CLASSIFICATION DID NOT CONTAIN A SPECIFIC RATING TO COVER SHIPMENTS OF THIS NATURE AT THE TIME THE SHIPMENT MOVED AND, THEREFORE, THE SHIPMENT AT THAT TIME WAS PROPERLY RATABLE UNDER ITEM NO. 15895 OF THE CLASSIFICATION, APPLICABLE ON "ELECTRICAL APPLIANCES AND INSTRUMENTS, NCIBN.'

THE ADMINISTRATIVE OFFICE HAS DETERMINED THAT AS TO SHIPMENTS OF AIRPLANE GUN TURRETS MOVING PRIOR TO THE ESTABLISHMENT OF THE SPECIFIC CLASSIFICATION RATING, SETTLEMENT SHOULD BE MADE ON THE BASIS OF THE RATES OR RATINGS APPLICABLE TO MACHINERY OR MACHINES, NOIBN, IN EFFECT AT THE TIME OF MOVEMENT. THERE IS NOTHING IN THE RECORD TO SHOW CONCLUSIVELY WHETHER OR NOT THE SHIPMENT CONSISTED OF ARTICLES OTHER THAN THOSE DESCRIBED ON THE BILL OF LADING. THEREFORE, THERE IS NOTHING ON WHICH OUR OFFICE COULD BASE A CONCLUSION DIFFERENT FROM THAT REACHED BY THE ADMINISTRATIVE OFFICE AS TO THE PROPER RATING TO BE APPLIED TO THE SHIPMENT. ON THIS RECORD, THE SETTLEMENT DOES NOT APPEAR TO HAVE BEEN IN ERROR AND, ACCORDINGLY, IT IS SUSTAINED.