B-139608, NOV. 20, 1959

B-139608: Nov 20, 1959

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TO CLIPPER CARLOADING COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 7. YOU CONTEND THAT ADDITIONAL CHARGES OF $588.74 ARE DUE FOR THE TRANSPORTATION OF 168 CASES OF . THIS SHIPMENT WAS TENDERED TO THE CLIPPER CARLOADING COMPANY BY THE NATIONAL DIE CASTING COMPANY AT LINCOLNWOOD. DELIVERY WAS MADE AT THORNE. THAT THE PROPER DESCRIPTION OF THE COMMODITY SHIPPED IS SHOWN UNDER ITEM 32315 OF THE CONSOLIDATED FREIGHT CLASSIFICATION NO. 20. - WERE ORIGINALLY CLAIMED AND PAID ON YOUR BILL NO. 410. SINCE THE PROPER CLASSIFICATION OF THE COMMODITY SHIPPED WAS SHOWN UNDER ITEM 22670 OF THE CONSOLIDATED FREIGHT CLASSIFICATION NO. 20. THE OVERPAYMENT OF $498.34 WAS RECOVERED BY DEDUCTION FROM AMOUNTS OTHERWISE DUE ON A SUBSEQUENT BILL.

B-139608, NOV. 20, 1959

TO CLIPPER CARLOADING COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 7, 1959, REQUESTING REVIEW OF THE SETTLEMENT (CLAIM NO. TK-643054) WHICH DISALLOWED YOUR CLAIM FOR $588.74 ON YOUR SUPPLEMENTAL BILL NO. 68-9-16-B.

YOU CONTEND THAT ADDITIONAL CHARGES OF $588.74 ARE DUE FOR THE TRANSPORTATION OF 168 CASES OF ,PLUGES, ZINC, W/O GASKETS, NOIBN," WEIGHING 19,824 POUNDS. THIS SHIPMENT WAS TENDERED TO THE CLIPPER CARLOADING COMPANY BY THE NATIONAL DIE CASTING COMPANY AT LINCOLNWOOD, ILLINOIS, FOR TRANSPORTING UNDER GOVERNMENT BILL OF LADING NO. N 29734008, DATED MARCH 17, 1952, AND DELIVERY WAS MADE AT THORNE, NEVADA, TO THE RECEIVING OFFICER, NAVAL AMMUNITION DEPOT. YOU CONTEND, ALSO, THAT THE PROPER DESCRIPTION OF THE COMMODITY SHIPPED IS SHOWN UNDER ITEM 32315 OF THE CONSOLIDATED FREIGHT CLASSIFICATION NO. 20, AS "CASTINGS, NOIBN, WHITE METAL," WHICH APPEARS UNDER THE GENERAL HEADING "METALS OR ALLOYS NOT NAMED IN ORDER MORE SPECIFIC GROUPS.'

FREIGHT CHARGES IN THE AMOUNT OF $1,560.15--- BASED ON A RATE OF $7.87 PER 100 POUNDS--- WERE ORIGINALLY CLAIMED AND PAID ON YOUR BILL NO. 410. OUR AUDIT OF THE PAYMENT VOUCHER DISCLOSED THAT AN OVERPAYMENT HAD BEEN MADE, SINCE THE PROPER CLASSIFICATION OF THE COMMODITY SHIPPED WAS SHOWN UNDER ITEM 22670 OF THE CONSOLIDATED FREIGHT CLASSIFICATION NO. 20, AS "BUNGS OR PLUGS, NOIBN, ZINC ALLOY," WHICH APPEARS UNDER THE GENERAL HEADING "HARDWARE.' THEREFORE, THE OVERPAYMENT OF $498.34 WAS RECOVERED BY DEDUCTION FROM AMOUNTS OTHERWISE DUE ON A SUBSEQUENT BILL.

WEBSTER'S NEW INTERNATIONAL DICTIONARY, SECOND EDITION, 1951, DEFINES WHITE METAL AS:

"/A) ANY OF SEVERAL LEAD-BASE OR TIN-BASE BEARING METALS; (B) ANY OF SEVERAL WHITE ALLOYS, AS PEWTER, BRITANNIA, ETC., (C) IN THE WELSH PROCESS OR IN CONVERTING, COPPER MATTE WITH VIRTUALLY ALL THE IRON REMOVED, CONTAINING THEREFORE ABOUT 80 PERCENT COPPER AND 20 PERCENT SULPHUR.'

IN VIEW OF THIS DEFINITION, IT APPEARS PROPER TO CONCLUDE THAT ZINC ALLOY PLUGS ARE NOT WHITE METAL CASTINGS.

CONTRACT NORD 11250, THE CONTRACT AWARDED TO THE NATIONAL DIE CASTING COMPANY TO SUPPLY DUMMY NOSE PLUGS--- WHICH IS REFERRED TO UNDER THE HEADING "MARKS" ON THE FACT OF THE BILL OF LADING--- DESCRIBES THE ARTICLE SHIPPED AS "DUMMY NOSE PLUGS (ZINC ALUMINUM DIE CASTING).' NATIONAL DIE CASTING COMPANY, THE SHIPPER, INFORMED THIS OFFICE IN A LETTER DATED AUGUST 31, 1959, THAT THE ARTICLE SHIPPED WAS MADE OF "ZAMAK NO. 3 ZINC ALLOY.' OUR RECORD SHOWS THAT THE NAVY INSPECTOR WHO HANDLED THIS SHIPMENT FOR THE BUREAU OF ORDNANCE, DEPARTMENT OF THE NAVY, WHEN QUESTIONED IN THE FURTHER INVESTIGATION OF YOUR CLAIM, STATED AGAIN THAT THE SHIPMENT CONSISTED OF "DUMMY NOSE PLUGS MADE OF ZINC.' THUS, THERE SEEMS LITTLE ROOM FOR DOUBT THAT CLASSIFICATION ITEM 22670, ZINCE ALLOY PLUGS, DEFINITELY EMBRACES THE ARTICLE MORE SPECIFICALLY THAN DOES ITEM 32315, WHITE METAL CASTINGS. WHERE A COMMODITY SHIPPED IS INCLUDED IN MORE THAN ONE TARIFF DESIGNATION, AS IT IS IN THE INSTANT CASE, THAT WHICH IS MORE SPECIFIC WILL BE HELD APPLICABLE. UNITED STATES V. GULF REFINING COMPANY, 268 U.S. 542.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, OUR AUDIT ACTION APPEARS TO HAVE BEEN PROPER. THEREFORE, THE DISALLOWANCE OF YOUR SUPPLEMENTAL BILL NO. 68-9-16-B IS SUSTAINED.