B-141678, MAR. 25, 1960

B-141678: Mar 25, 1960

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TO ILLINOIS CENTRAL RAILROAD: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 7. FOR THE SERVICE YOU ORIGINALLY CLAIMED AND WERE PAID $68. THE ARTICLES COVERED BY THE CODE DESIGNATION "R1ABA" ARE DESCRIBED ON PAGE 7 OF ARMED SERVICE FORCES CATALOG 11 SNL R-1 AS . " AND ARE OTHERWISE DESCRIBED AS SMALL ARMS AMMUNITION WITH EXPLOSIVE BULLETS. WAR DEPARTMENT TECHNICAL MANUAL TM 9-1901 DESCRIBES THIS ITEM AS A HIGH EXPLOSIVE INCENDIARY CARTRIDGE WHICH IS USED IN 20 MM. THE EXPLOSIVE FILLER IS TETRYL AND THE INCENDIARY MIXTURE IS LOCATED IN THE BASE OF THE SHELL. THE LENGTH OF THE CARTRIDGE CASE IS 4.34 INCHES WHICH IS THE SAME LENGTH AS THE AMMUNITION COVERED BY THE CODE "R1ACA" WHICH WAS SHIPPED AT THE SAME TIME.

B-141678, MAR. 25, 1960

TO ILLINOIS CENTRAL RAILROAD:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 7, 1960, YOUR FILE NO. G-AFR-59310-BG, REQUESTING REVIEW OF OUR SETTLEMENT CERTIFICATE DATED JULY 31, 1959, IN CLAIM NO. TK-668500. THE MOVEMENT IN QUESTION INVOLVED TWENTY CARLOAD SHIPMENTS OF 20 MM. CARTRIDGES FROM THORNE, NEVADA, TO MILAN, TENNESSEE, DURING FEBRUARY AND MARCH 1945.

FOR THE SERVICE YOU ORIGINALLY CLAIMED AND WERE PAID $68,222.72 ON THE BASIS OF A CLASS 65 RATE NAMED IN ASSOCIATION OF AMERICAN RAILROADS SECTION 22 QUOTATION NO. 14-A. IN THE AUDIT OF THE PAYMENT VOUCHER WE DETERMINED THE CORRECT CHARGES TO BE $33,067.07 COMPUTED ON THE BASIS OF A COMBINATION RATE OVER COLFAX USING AS A FACTOR A RATE OF 65 CENTS PER 100 POUNDS FROM THORNE, NEVADA, TO COLFAX, CALIFORNIA, NAMED IN PACIFIC FREIGHT TARIFF BUREAU SECTION 22 QUOTATION NO. 52, IN COMBINATION WITH A RATE OF $1.90 PER 100 POUNDS BEYOND NAMED IN ITEM NO. 4475, TRANS- CONTINENTAL FREIGHT BUREAU TARIFF NO. 3-R, APPLYING ON "EXPLOSIVES, VIZ: CARTRIDGES, LOADED, IN BOXES," LESS APPLICABLE LAND GRANT DEDUCTIONS. UPON YOUR FAILURE TO REFUND THE AMOUNT DETERMINED TO BE OVERPAID, WE DEDUCTED $35,155.65 FROM AMOUNTS OTHERWISE DUE YOUR COMPANY, PURSUANT TO 49 U.S.C. 66. HOWEVER, ON NOVEMBER 16, 1959, BY CERTIFICATE OF SETTLEMENT WE APPROVED YOUR SUPPLEMENTAL BILL NO. N 59310-B FOR $140.16, IN WHICH YOU COMPUTED THE CHARGES ON THE BASIS OF A THROUGH COMMODITY RATE OF $1.90 PER 100 POUNDS, LESS APPLICABLE LAND GRANT DEDUCTIONS.

IN YOUR LETTER OF JANUARY 7, 1960, YOU STATE THAT YOU BELIEVE THAT ALL OF THE SHIPMENTS COVERED BY THE CODE "R1ABA" AND DESCRIBED ON THE SHIPPING DOCUMENTS AS "20 MM. HE I TETRYL" WOULD NOT BE COVERED BY THE COMMODITY DESCRIPTION NAMED IN ITEM NO. 4475. THE ARTICLES COVERED BY THE CODE DESIGNATION "R1ABA" ARE DESCRIBED ON PAGE 7 OF ARMED SERVICE FORCES CATALOG 11 SNL R-1 AS ,CARTRIDGE, HE-1 MK 1, STEEL CASE W/FUSE," AND ARE OTHERWISE DESCRIBED AS SMALL ARMS AMMUNITION WITH EXPLOSIVE BULLETS. WAR DEPARTMENT TECHNICAL MANUAL TM 9-1901 DESCRIBES THIS ITEM AS A HIGH EXPLOSIVE INCENDIARY CARTRIDGE WHICH IS USED IN 20 MM. AUTOMATIC AIRCRAFT CANNON AGAINST OTHER AIRCRAFT AND LIGHT MATERIAL TARGETS FUNCTIONING WITH BOTH EXPLOSIVE AND INCENDIARY EFFECT. THE EXPLOSIVE FILLER IS TETRYL AND THE INCENDIARY MIXTURE IS LOCATED IN THE BASE OF THE SHELL. THE LENGTH OF THE CARTRIDGE CASE IS 4.34 INCHES WHICH IS THE SAME LENGTH AS THE AMMUNITION COVERED BY THE CODE "R1ACA" WHICH WAS SHIPPED AT THE SAME TIME.

THUS, THE TECHNICAL DESCRIPTION OF THIS ITEM OF AMMUNITION INDICATES THAT IT IS A COMPLETE ROUND, OR CARTRIDGE, SIMILAR TO THE OTHER ITEMS OF 20 MM. AMMUNITION INCLUDED IN THESE SHIPMENTS. THE QUESTION WHETHER AMMUNITION FOR CANNON WITH EXPLOSIVE PROJECTILE WAS EMBRACED BY THE COMMODITY DESCRIPTION "CARTRIDGES LOADED," NAMED IN ITEM NO. 4475, WAS CONSIDERED BY THE INTERSTATE COMMERCE COMMISSION IN GULF, MOBILE AND OHIO R.CO. V. UNITED STATES, 305 I.C.C 583. THE COMMISSION'S DECISION OF JANUARY 30, 1959, HELD THAT IN THE ABSENCE OF ANY RESTRICTION, THE COMMODITY RATE ITEM APPLYING ON EXPLOSIVES CARTRIDGES LOADED, EMBRACED AMMUNITION FOR CANNON WITH EXPLOSIVE PROJECTILE AS WELL AS SMALL-ARMS CARTRIDGES LOADED. SINCE ITEM NO. 4475 IS PUBLISHED UNDER THE HEADING "EXPLOSIVES" AND READS "CARTRIDGES LOADED IN BOXES," WITHOUT FURTHER LIMITATION, THE "LOADED CARTRIDGES" RATE WOULD HAVE TO BE PROTECTED ON EXPLOSIVE CANNON CARTRIDGES.

ACCORDINGLY, THERE IS NO APPARENT REASON TO MODIFY OUR PREVIOUS SETTLEMENT IN THIS MATTER, AND IT IS SUSTAINED.