B-134543, JUN. 19, 1958

B-134543: Jun 19, 1958

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ILLINOIS CENTRAL RAILROAD COMPANY: REFERENCE IS MADE TO YOUR LETTERS OF NOVEMBER 29. THIS ARTICLE IS DESCRIBED IN JOINT ARMY AND AIR FORCE COMMERCIAL TRAFFIC BULLETIN NO. 25 AND IT IS APPARENT FROM THE INFORMATION IN SUCH BULLETIN THAT THE TRUCK- MOUNTED BITUMINOUS DISTRIBUTOR WAS DESIGNED TO OPERATE AS A MOBILE UNIT. IN THAT CONNECTION YOU ARE ADVISED THAT IN RESPONSE TO A REQUEST FOR A MORE DEFINITE DESCRIPTION OF THIS COMMODITY. - "THE COMMODITY SHIPPED IS A SELF-PROPELLED BITUMINOUS DISTRIBUTOR. ARE SET OUT IN OUR DECISION B-132198. SINCE THE SETTLEMENTS HERE INVOLVED ARE CONSISTENT WITH THE CONCLUSION REACHED IN THE ENCLOSED DECISION THEY ARE SUSTAINED.

B-134543, JUN. 19, 1958

TO AUDITOR OF FREIGHT RECEIPTS, ILLINOIS CENTRAL RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR LETTERS OF NOVEMBER 29, 1957, FILE NOS. AFR- 27721-C-WAG, G-AFR-27725-B-WAG, G-AFR-28970-B-WAG, REQUESTING REVIEW OF THE SETTLEMENT ACTION WHICH DISALLOWED YOUR CLAIMS FOR ADDITIONAL TRANSPORTATION CHARGES PER YOUR SUPPLEMENTAL BILLS MENTIONED THEREIN, COVERING SHIPMENTS MOVING FROM BELVIDERE, ILLINOIS, TO NEW ORLEANS, LOUISIANA, UNDER GOVERNMENT BILLS OF LADING IN 1953.

AN EXAMINATION OF THE BILLS OF LADING SHOWS THAT ALL OF THE SHIPMENTS CONSISTED OF "MACHINERY, N.O.I.B.N. (DISTRIBUTOR, BITUMINOUS MATERIAL, TRUCK MOUNTED, 800 GALLON, SNL 78-3265.80-500).' THIS ARTICLE IS DESCRIBED IN JOINT ARMY AND AIR FORCE COMMERCIAL TRAFFIC BULLETIN NO. 25 AND IT IS APPARENT FROM THE INFORMATION IN SUCH BULLETIN THAT THE TRUCK- MOUNTED BITUMINOUS DISTRIBUTOR WAS DESIGNED TO OPERATE AS A MOBILE UNIT. IN THAT CONNECTION YOU ARE ADVISED THAT IN RESPONSE TO A REQUEST FOR A MORE DEFINITE DESCRIPTION OF THIS COMMODITY, THE CHIEF, ADJUSTMENT AND CLASSIFICATION BRANCH, FREIGHT TRAFFIC DIVISION, OFFICE OF THE CHIEF OF TRANSPORTATION, DEPARTMENT OF THE ARMY, REPORTED IN PERTINENT PART THAT---

"THE COMMODITY SHIPPED IS A SELF-PROPELLED BITUMINOUS DISTRIBUTOR. THE DISTRIBUTOR AND THE TRUCK CHASSIS FORM A COMPLETE UNIT, AND OPERATE AS A UNIT ON A JOB SITE. THIS TYPE OF AN ARTICLE COMES WITHIN THE SCOPE OF THE FINDINGS OF THE INTERSTATE COMMERCE COMMISSION IN HARRISON CONSTRUCTION COMPANY CASE, 266 ICC 313.'

OUR VIEWS WITH REGARD TO THE CLASSIFICATION RATING TO BE APPLIED TO BITUMINOUS DISTRIBUTORS, SELF-PROPELLED, PRIOR TO DECEMBER 10, 1953, WHEN THE ARTICLE BECAME SPECIFICALLY CLASSIFIED IN UNIFORM FREIGHT CLASSIFICATION NO. 2, ARE SET OUT IN OUR DECISION B-132198, TO YOU DATED OCTOBER 9, 1957 (COPY ENCLOSED FOR YOUR READY REFERENCE). SINCE THE SETTLEMENTS HERE INVOLVED ARE CONSISTENT WITH THE CONCLUSION REACHED IN THE ENCLOSED DECISION THEY ARE SUSTAINED.