B-140256, DEC. 3, 1959

B-140256, DEC. 3, 1959

TO NAVAJO FREIGHT LINES, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 14, 1959, IN WHICH YOU REQUEST A REVIEW OF THE DISALLOWANCE OF YOUR SUPPLEMENTAL BILL NO. 1677- 9136A FOR ADDITIONAL FREIGHT CHARGES OF $388.57 ALLEGED TO BE DUE FOR THE TRANSPORTATION OF GOVERNMENT PROPERTY FROM MCGREGOR, TEXAS, TO MILL AIR FORCE BASE, UTAH, UNDER GOVERNMENT BILL OF LADING AF-6841083, DATED JULY 25, 1956. THIS BILL OF LADING COVERED A SHIPMENT OF 341 BOXES OF "IGNITERS, JET THRUST, CLASS B AS FUSES, COMBINATION OR PERCUSSION," WEIGHING 23,550 POUNDS.

YOU CONTEND THAT THIS SHIPMENT OF "IGNITERS, JET THRUST, CLASS B," IS INCORRECTLY CLASSIFIED UNDER ITEM 3900 OF THE NATIONAL MOTOR FREIGHT CLASSIFICATION NO. 13, WHICH READS: "FUSES, COMBINATION PERCUSSION, TRACER OR TIME," AND YOU ALLEGE THAT THE DESCRIPTION CONTAINED IN THAT ITEM RELATES ONLY TO CLASS "C" FUSES. YOU URGE, ALSO, THAT THE ARTICLE SHIPPED SHOULD HAVE BEEN CLASSIFIED UNDER ITEM 3850 OF THE N.M.F.C. NO. 13, WHICH READS: "BOOSTERS OR DETONATING FUSES," AND IN SUPPORT OF YOUR CONTENTION YOU REFER TO ITEMS 73.100 (E) AND 73.53 (G) (2) OF THE EXPLOSIVES AND DANGEROUS ARTICLES TARIFF NO. 8, MF-I.C.C.NO. 6. YOU STATE IN YOUR REQUEST FOR REVIEW THAT "WE SHALL EXPECT YOU TO DISTINGUISH BETWEEN FUSES, COMBINATION OR PERCUSSION AND DETONATING FUSES, ALLOWING US COPIES OF WHATEVER ADVICE YOU RELY ON IN SUPPORT OF ITEM 3900, N.M.F.C. NUMBER 13.'

YOU MAINTAIN THAT "IGNITERS, JET THRUST, CLASS B" MAY NOT BE CLASSIFIED UNDER ITEM 3900 OF THE NATIONAL MOTOR FREIGHT CLASSIFICATION TARIFF NO. 13 BECAUSE THE DESCRIPTION CONTAINED IN THE ITEM RELATES ONLY TO CLASS "C" FUSES. THIS CONTENTION MUST FAIL, HOWEVER, SINCE THE CLASSIFICATION ITSELF FAILS TO SHOW THAT ANY OF THE ARTICLES CONTAINED IN ITEMS 3810 TO 3940 INCLUSIVE ARE CLASSIFIED AS CLASS "A," OR "B," OR "C" EXPLOSIVES UNDER THE HEADING "AMMUNITION, EXPLOSIVE, INCENDIARY OR GAS, SMOKE OR TEAR PRODUCING.'

WEBSTER'S NEW INTERNATIONAL DICTIONARY OF THE ENGLISH LANGUAGE, SECOND EDITION, 1951 GIVES THE FOLLOWING DEFINITIONS OF IGNITER, CONCUSSION OR PERCUSSION FUZE, COMBINATION FUZE, TIME FUZE, DETONATING FUZE, AND A BOOSTER. AN IGNITER IS A CHARGE OF BLACK GUNPOWDER USED TO FACILITATE THE IGNITION OF A CHARGE OF SMOKELESS POWDER. A CONCUSSION OR PERCUSSION FUZE PRODUCES EXPLOSION BY CONCUSSION. A COMBINATION FUZE IS A COMBINATION OF THE PERCUSSION AND TIME FUZES. A TIME FUZE IS ARRANGED SO AS TO FIRE THE CHARGE AFTER A CERTAIN DEFINITE INTERVAL OF TIME HAS ELAPSED. DETONATING FUZE IS A FUZE CONTAINING MERCURY FULMINATE, A MIXTURE OF THE FULMINATE WITH CHLORATE OF POTASH, OR OTHER SUBSTANCE, USED IN DETONATING HIGH EXPLOSIVES. A BOOSTER IS A DEVICE USED AS DETONATOR, ESPECIALLY AS ON AUXILIARY DETONATOR, PLACED BETWEEN THE PRIMING AND THE MAIN CHARGE, TO INCREASE OR VARY THE SPEED OF DETONATION OF THE LATTER. IN AN EXPLOSIVE PROJECTILE, THE BOOSTER IS A TUBE CONTAINING A SMALL CHARGE OF HIGH EXPLOSIVE. THE CHARGE USED IN OR AS A BOOSTER IS USUALLY CALLED THE BOOSTER CHARGE.

IGNITERS, JET THRUST, COMBINATION FUZES, PERCUSSION FUZES, TRACER FUZES, TIME FUZES, DETONATING FUZES, AND BOOSTERS ARE DEFINED IN THE MOTOR CARRIER'S EXPLOSIVE AND DANGEROUS ARTICLES TARIFF NO. 8, MF I.C.C. NO. 5, AS SHOWN BELOW. IGNITERS, JET THRUST, ARE DEVICES USED TO IGNITE THE PROPELLING CHARGE OF JET THRUST UNITS. COMBINATION FUZES, PERCUSSION FUZES, AND TIME FUZES ARE DEVICES DESIGNATED TO IGNITE POWDER CHARGES OF AMMUNITION OR TO INITIATE AN INTERMEDIATE CHARGE (BOOSTER) IN PROJECTILES, BOMBS, ETC. WHEN SUCH FUZES ARE ASSEMBLED WITH BOOSTER CHARGES THEY ARE PROPERLY DESCRIBED AS DETONATING FUZES. TRACER FUZES AND TRACERS ARE DEVICES WHICH ARE ATTACHED TO PROJECTILES AND CONTAIN A SLOW-BURNING COMPOSITION TO SHOW THE FLIGHT OF PROJECTILES AT NIGHT. DETONATING FUZES ARE USED IN THE MILITARY SERVICE TO DETONATE THE HIGH EXPLOSIVE BURSTING CHARGES OF PROJECTILES, MINES, BOMBS, TORPEDOES, AND GRENADES. ADDITION TO A POWERFUL DETONATOR, THEY MAY CONTAIN SEVERAL OUNCES OF A HIGH EXPLOSIVE, SUCH AS TETRYL OR DRY NITROCELLULOSE, ALL ASSEMBLED IN A HEAVY STEEL ENVELOPE. BOOSTERS CONSIST OF CASING CONTAINING A HIGH EXPLOSIVE AND ARE USED TO INCREASE THE INTENSITY OF EXPLOSION OF THE DETONATOR OR DETONATING FUZE.

THE DEPARTMENT OF THE ARMY'S TECHNICAL MANUAL TM-9-1955, ON PAGE 12, DEFINES IGNITER ASSEMBLY AS ONE THAT USUALLY CONSISTS OF ONE OR MORE ELECTRIC SQUIBS AND A CHARGE OF BLACK POWDER HOUSED IN A PLASTIC CONTAINER. LEADS FROM THE SQUIBS ARE PASSED FROM THE IGNITER HOUSING TO SOME EXTERNAL POINT ON THE CHAMBER BODY WHERE THEY MAY BE ATTACHED TO THE FIRING CIRCUIT. WHEN MORE THAN ONE SQUIB IS PROVIDED, THEY ARE USUALLY WIRED IN PARALLEL. TWO SQUIBS ARE PROVIDED AS INSURANCE AGAINST MISFIRES; SHOULD ONE SQUIB FAIL WHEN THE FIRING SWITCH IS CLOSED, THE OTHER SQUIB SHOULD FIRE THE BLACK-POWDER CHARGE. THE BLACK POWDER, ONCE INITIATED, ACTS TO IGNITE THE PROPELLANT.

FROM AN ANALYSIS AND EXAMINATION OF THE DEFINITIONS SET FORTH ABOVE, IT SEEMS REASONABLE TO CONCLUDE THAT THE ARTICLE,"IGNITERS, JET THRUST, CLASS B," IS MORE CLEARLY EMBRACED IN CLASSIFICATION ITEM 3900 -- "FUZES, COMBINATION PERCUSSION, TRACER OR TIME," WHICH SEEMS TO COVER LOW EXPLOSIVE MATERIAL--- THAN IN ITEM 3850,"BOOSTERS OR DETONATING FUZES" SINCE COMBINATION, PERCUSSION AND TIME FUZES ASSEMBLED WITH BOOSTER CHARGES ARE PROPERLY DESCRIBED AS DETONATING FUZES AND GENERALLY CONTAIN A HIGH EXPLOSIVE MATERIAL. THERE IS NO INDICATION THAT BOOSTER CHARGES WERE INCLUDED OR ASSEMBLED IN THE UNITS SHIPPED, IN THIS INSTANCE. IN THE CASE OF UNITED STATES V. GULF REFINING COMPANY, 268 U.S. 542, THE COURT SAID,"WHERE A COMMODITY SHIPPED IS INCLUDED IN MORE THAN ONE TARIFF DESIGNATION, AS IN THIS CASE, THAT WHICH IS MORE SPECIFIC WILL BE HELD TO BE APPLICABLE.'

ACCORDINGLY, ON THE BASIS OF THE RECORD BEFORE US, OUR AUDIT ACTION SEEMS TO HAVE BEEN PROPER. THEREFORE, THE DISALLOWANCE OF YOUR SUPPLEMENTAL BILL 1677-9136A IS SUSTAINED.

SINCE THE SOURCES OF OUR DEFINITIONS ARE STATED IN OUR DECISION, THERE APPEARS TO BE NO NEED TO FURNISH YOU WITH COPIES OF THOSE DOCUMENTS.