B-140020, JAN. 18, 1960

B-140020, JAN. 18, 1960

TO LEE WAY MOTOR FREIGHT, INC.:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 16, 1959, WITH ENCLOSURES, REQUESTING REVIEW OF THE ACTION TAKEN ON YOUR SUPPLEMENTAL BILL 7-6-43 M FOR $216.25 ADDITIONAL FREIGHT CHARGES ON A SHIPMENT MOVING FROM DAVENPORT, IOWA, TO SAN ANTONIO, TEXAS, UNDER GOVERNMENT BILL OF LADING NO. AF 6913498 IN APRIL 1957.

THE SOLE QUESTION IS THE PROPER DESCRIPTION FOR FREIGHT RATE PURPOSES OF THE COMMODITY SHIPPED. THE BILL OF LADING, WHEN ISSUED, SHOWED THE COMMODITY DESCRIPTION AS "CRADLE, TAIL ASSEMBLY, C-1" AND PURSUANT TO A CHANGE IN DESCRIPTION FURNISHED BY THE ISSUING OFFICER, THE BILL OF LADING WAS CORRECTED AT DESTINATION BY THE AIR FORCE TRANSPORTATION OFFICER TO SHOW THE COMMODITY AS ,CRADLES, IRON OR STEEL, NOT WHEELED, K.D. ITEM 87657 NMFC NO. A-3.'

YOU ORIGINALLY CLAIMED AND WERE PAID $490.32 ON THE BASIS THAT THE SHIPMENT WAS SUBJECT TO CLASS 200 RATINGS. IN OUR AUDIT, THE CHARGES WERE ADJUSTED TO THE CLASS-70 RATING PROVIDED IN ITEM 87657 OF NATIONAL MOTOR FREIGHT CLASSIFICATION NO. A-3 PURSUANT TO THE ABOVE MENTIONED CORRECTION ON THE BILL OF LADING, AND THE AMOUNT OF $314.57 COMPUTED TO HAVE BEEN OVERPAID WAS DEDUCTED FROM AMOUNTS OTHERWISE DUE YOU UNDER AUTHORITY OF THE TRANSPORTATION ACT OF 1940, 49 U.S.C. 66. YOUR PRESENT CLAIM FOR $216.25 IS ASSERTED ON THE BASIS OF THE CLASS 150 RATING PROVIDED IN ITEM 87660 OF THE CITED CLASSIFICATION NO. A-3 FOR "STANDS, NOI, OTHER THAN FURNITURE: SU, NOT NESTED NOR INTERLACED, IN PACKAGES.' IN SUPPORT OF YOUR POSITION, YOU SUBMIT A COPY OF A LETTER DATED AUGUST 8, 1957, FROM THE NATIONAL CLASSIFICATION BOARD TO THE MOTOR CARRIERS WEIGHING AND INSPECTION BUREAU TO THE EFFECT THAT BASED UPON THE LIMITED INFORMATION BEFORE THE BOARD IT WOULD APPEAR THAT THE ARTICLE SHOULD BE RATED "UNDER ITEM 87660 OF THE NMFC AS STANDS, NOI, OTHER THAN FURNITURE," AND THAT SINCE TWO OF THE ARTICLES ARE SHIPPED IN THE SAME SHIPPING CONTAINER THEY HAD NO WAY OF KNOWING IF THE ARTICLES WOULD QUALIFY AS BEING "INTERLACED.' IN THAT CONNECTION ITEM 87660 OF N.M.F.C. NO. A-3 PROVIDES A CLASS-100 RATING FOR "STANDS, NOI, OTHER THAN FURNITURE: SU, INTERLACED OR NESTED, OR KD, OTHER THAN FLAT, IN PACKAGES.' YOU ALSO SUBMIT A COPY OF A LETTER DATED AUGUST 14, 1957, FROM THE MANAGER, MOTOR CARRIERS WEIGHING AND INSPECTION BUREAU TO THE TRAFFIC MANAGER, WATSON BROTHERS TRANSPORTATION CO., KANSAS CITY, MISSOURI, REGARDING A CLASSIFICATION INSPECTION OF A REPORTEDLY SIMILAR SHIPMENT MOVING UNDER GOVERNMENT BILL OF LADING NO. AF 7201667 IN WHICH IT IS STATED THAT THE CRADLES WERE NOT INTERLACED IN THEIR CONTAINERS AT THE TIME HE MADE AN INSPECTION ON LEE WAY'S TERMINAL DOCKS IN KANSAS CITY.

AS A PREREQUISITE TO A THOROUGH CONSIDERATION OF YOUR REQUEST FOR A REVIEW OF THE MATTER, WE SECURED ADDITIONAL REPORTS FROM THE AGENCY RESPONSIBLE FOR THE SHIPMENT OF THE COMMODITY INVOLVED, INCLUDING A COPY OF CONTRACT NO. AF 33/602/-8012, WITH THE UCHTORFF COMPANY OF DAVENPORT, IOWA, CONTAINING THE SPECIFICATIONS TO WHICH THE CRADLES WERE MANUFACTURED. THE RECORD NOW AVAILABLE IS SUFFICIENT TO ESTABLISH THAT THE CRADLE ADAPTS A SPECIFIC TRAILER TO A PARTICULAR PIECE OF EQUIPMENT FOR USE IN CONNECTION WITH ATOMIC ORDNANCE. THUS, THE PRESENT RECORD DOES NOT SUPPORT THE RECOMMENDATION OF THE NATIONAL CLASSIFICATION BOARD THAT THE CRADLE IN QUESTION HAD THE TRANSPORTATION CHARACTERISTICS OF A STAND AS SET FORTH IN THE ABOVE-MENTIONED ITEM 87660. A STAND IS, GENERALLY, A COMPLETE ENTITY, SUFFICIENT TO CONTAIN, SUPPORT, AND TRANSPORT AN ARTICLE. ON THE OTHER HAND, A CRADLE INSTALLED IN A TRAILER BECOMES, IN A SHIPPING SENSE, A PART OF THE TRANSPORTING VEHICLE, SERVING TO BOLSTER OR CRADLE THE LADING WHILE IT IS BEING TRANSPORTED.

UNDER THE GENERIC HEADING "CARRIERS, SHIPPING," ITEM 19870 OF NATIONAL MOTOR FREIGHT CLASSIFICATION NO. A-3 NAMES A CLASS-100 RATING FOR "BLOCKING BOLSTERS OR CRADLES, SHIPPING, WOOD, OR WOOD, METAL REINFORCED: OPEN FRAME TYPE, SU.' ALTHOUGH MADE ALMOST ENTIRELY OF STEEL, THE CRADLES HERE INVOLVED APPEAR UNDER RULE 14 OF THE GOVERNING CLASSIFICATION TO BE MORE ANALOGOUS TO WOOD CRADLES THAN TO STANDS AND, AS SUCH, SUBJECT TO THE CLASS 100 RATING PUBLISHED IN ITEM 19870.

ACCORDINGLY, WE ARE INSTRUCTING OUR TRANSPORTATION DIVISION, IF OTHERWISE CORRECT, TO SETTLE YOUR CLAIM ON A BASIS CONSISTENT WITH THE PROPER DESCRIPTION OF THE COMMODITY INVOLVED IN THIS MOVEMENT FOR FREIGHT PURPOSES, BEING UNDER THE RULE OF ANALOGY,"BLOCKING BOLSTERS OR CRADLES, SHIPPING, WOOD, OR WOOD, METAL REINFORCED: OPEN FRAME TYPE, S.U.' A COPY OF THE SETTLEMENT ON SUCH BASIS WILL BE FURNISHED TO YOU IN DUE COURSE.