B-140341, NOV. 12, 1959

B-140341: Nov 12, 1959

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THE AMOUNT CLAIMED REPRESENTS ADDITIONAL TRANSPORTATION CHARGES WHICH ARE ALLEGED TO BE DUE ON A CARLOAD SHIPMENT OF EXPLOSIVES. WAS TRANSPORTED FROM LELAND. THE PAID CHARGES ARE BASED ON THE TRANSIT ARRANGEMENT IN EXECUTIVE COMMITTEE-WESTERN TRAFFIC ASSOCIATION SECTION 22 QUOTATION NO. 82. THAT ON THIS IMPORT SHIPMENT THE APPLICABLE TRANSIT ARRANGEMENT IS THAT AUTHORIZED IN EXECUTIVE COMMITTEE- WESTERN TRAFFIC ASSOCIATION SECTION 22 QUOTATION NO. 61. THE TERRITORIAL COVERAGE OF THE ITEM WAS BROADENED BY AMENDMENT NO. 5 TO INCLUDE TRAFFIC "MOVING FROM PORTS OF IMPORTATION. EFFECTIVE ON THE SAME DATE THE LANGUAGE IN OTHER ITEMS WAS AMENDED TO INCLUDE IMPORT SHIPMENTS (FOR EXAMPLE. IT IS IMMATERIAL WHETHER THE TRAFFIC IS CONSIDERED TO BE DOMESTIC.

B-140341, NOV. 12, 1959

TO TEXAS AND NEW ORLEANS RAILROAD COMPANY:

BY LETTER OF JULY 21, 1959, FILE WZ-T-15698-1-A, YOU REQUEST REVIEW OF OUR SETTLEMENT OF JULY 9, 1959 (TK-672758), IN WHICH WE DISALLOWED YOUR CLAIM, ON SUPPLEMENTAL BILL NO. WZ-T-15698-1-A, FOR $446.29. THE AMOUNT CLAIMED REPRESENTS ADDITIONAL TRANSPORTATION CHARGES WHICH ARE ALLEGED TO BE DUE ON A CARLOAD SHIPMENT OF EXPLOSIVES, WEIGHING 92,570 POUNDS, TRANSPORTED FROM DEFENSE, TEXAS, A TRANSIT INSTALLATION, TO CAMP STANLEY, TEXAS, UNDER GOVERNMENT BILL OF LADING WZ-T-369133, IN DECEMBER 1958.

FOR THIS SERVICE YOU ORIGINALLY CLAIMED AND COLLECTED ON BILL NO. WZ-T- 15698-1 TRANSPORTATION CHARGES OF $715.31, BEING THE BALANCE OF CHARGES DUE ON A THROUGH IMPORT CONSIGNMENT OF EXPLOSIVES WHICH, IN NOVEMBER 1956, UNDER GOVERNMENT BILL OF LADING WY-519943, WAS TRANSPORTED FROM LELAND, NORTH CAROLINA, TO DEFENSE, TEXAS, FOR STORAGE IN TRANSIT, AND, 25 MONTHS LATER, IN DECEMBER 1958, OUTBOUND FROM DEFENSE TO CAMP STANLEY, TEXAS. THE PAID CHARGES ARE BASED ON THE TRANSIT ARRANGEMENT IN EXECUTIVE COMMITTEE-WESTERN TRAFFIC ASSOCIATION SECTION 22 QUOTATION NO. 82, CAPTIONED "TRANSIT ARRANGEMENT ON DOMESTIC AND EXPORT SHIPMENTS OF AMMUNITION, EXPLOSIVES AND OTHER ORDNANCE" AND ON THE CLASS 45 RATE BASIS ON AMMUNITION, EXPLOSIVES AND ORDNANCE IN SOUTHWESTERN FREIGHT BUREAU GOVERNMENT RATE QUOTATION NO. 1810.

YOU SAY THAT THE TRANSIT ARRANGEMENT IN QUOTATION NO. 82 DOES NOT APPLY TO IMPORT SHIPMENTS OF EXPLOSIVES; THAT ON THIS IMPORT SHIPMENT THE APPLICABLE TRANSIT ARRANGEMENT IS THAT AUTHORIZED IN EXECUTIVE COMMITTEE- WESTERN TRAFFIC ASSOCIATION SECTION 22 QUOTATION NO. 61, CAPTIONED "STORAGE IN TRANSIT OF GOVERNMENT TRAFFIC RETURNED FROM OVERSEAS," AND THAT BECAUSE OF THE EXPIRATION OF THAT QUOTATION'S 24 MONTH TIME LIMIT ON THE TRANSIT PRIVILEGE, THE TRANSIT ARRANGEMENT HAS BEEN CANCELED, THUS REQUIRING PAYMENT AT TARIFF RATES APPLICABLE TO AND FROM DEFENSE, TEXAS.

ITEM NO. 1,"TRAFFIC COVERED," OF QUOTATION NO. 82, ORIGINALLY COVERED DOMESTIC AND EXPORT SHIPMENTS OF AMMUNITION, EXPLOSIVES AND OTHER ORDNANCE "WHEN ORIGINATING AT POINTS IN THE CONTINENTAL UNITED STATES.' AS OF AUGUST 19, 1956, THE DATE THE ORIGINAL QUOTATION BECAME EFFECTIVE, THE TERRITORIAL COVERAGE OF THE ITEM WAS BROADENED BY AMENDMENT NO. 5 TO INCLUDE TRAFFIC "MOVING FROM PORTS OF IMPORTATION," AS WELL AS TRAFFIC "ORIGINATING AT POINTS," IN THE CONTINENTAL UNITED STATES; EFFECTIVE ON THE SAME DATE THE LANGUAGE IN OTHER ITEMS WAS AMENDED TO INCLUDE IMPORT SHIPMENTS (FOR EXAMPLE, SEE ITEMS NOS. 7, 8, 12, 13 AND 23). THUS, IT IS IMMATERIAL WHETHER THE TRAFFIC IS CONSIDERED TO BE DOMESTIC, IMPORT OR EXPORT, OR WHETHER LELAND, NORTH CAROLINA, IS CONSIDERED TO BE A "POINT" OR A "PORT OF IMPORTATION.' AS AMENDED, QUOTATION NO. 82 IN EFFECT REQUIRES ONLY THAT THE TRAFFIC TO BE MOVED FROM THE INITIAL POINT OR PORT OF ORIGIN CONSIST OF AMMUNITION, EXPLOSIVES AND OTHER ORDNANCE, AND NOT THAT IT BE FURTHER CHARACTERIZED AS DOMESTIC OR IMPORT OR EXPORT.

ITEM NO. 12,"TIME LIMIT," OF QUOTATION NO. 82, ORIGINALLY PLACED ON THE TRANSIT PRIVILEGE A TIME LIMIT OF 24 CALENDAR MONTHS. HOWEVER, ALSO EFFECTIVE AUGUST 19, 1956, THE TIME LIMIT WAS, BY ITEM NO. 12, AMENDMENT NO. 10, CHANGED TO 36 MONTHS ON SHIPMENTS MOVING FROM POINTS IN THE SOUTHERN FREIGHT ASSOCIATION, IN WHICH TERRITORY LELAND, NORTH CAROLINA, IS LOCATED.

IT IS CLEAR, THEREFORE, THAT THE TRANSIT ARRANGEMENT IN QUOTATION NO. 82 IS APPLICABLE ON IMPORT SHIPMENTS OF EXPLOSIVES HELD IN STORAGE FOR OVER 24 MONTHS AND THAT THE DISALLOWANCE OF YOUR CLAIM, ON SUPPLEMENTAL BILL NO. WZ-T-15698-1-A, FOR $446.29, WAS PROPER. SINCE YOUR SETTLEMENT OF JULY 9, 1959 (TK-672758), IS NOT SHOWN TO HAVE BEEN ERROR OTHERWISE, IT IS, ACCORDINGLY, SUSTAINED.