B-145069, NOV. 3, 1961

B-145069: Nov 3, 1961

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TO TRANSCON LINES: FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 9. THE SHIPMENT IN QUESTION IS DESCRIBED ON THE BILL OF LADING AS "AIR COOLERS. STATED IN SUBSTANCE IN THE CITED SETTLEMENT THAT THE COOLING PLANT AND THE TRAILER ON WHICH IT WAS MOUNTED COMPRISED A COMPLETE UNIT. THAT THE COOLING PLANT "IS MADE ON THE TRAILER AND COULD NOT FUNCTION WITHOUT THE TRAILER.'. IT IS YOUR OPINION THAT THE COOLER IS A COMPLETE ARTICLE WITHOUT BEING MOUNTED ON A TRAILER AND THEREFORE THE COMMODITY SHIPPED BECOMES A COMBINATION ARTICLE AND IS SUBJECT TO THE COMBINATION ARTICLE PROVISIONS OF RULE 15 OF THE NATIONAL MOTOR FREIGHT CLASSIFICATION. IF THIS RULE WERE APPLICABLE YOU WOULD APPARENTLY BE ENTITLED TO THE $499.98 ADDITIONAL FREIGHT CHARGES PREVIOUSLY CLAIMED AND DISALLOWED.

B-145069, NOV. 3, 1961

TO TRANSCON LINES:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 9, 1961, FILE B.893.15.RF; IN WHICH YOU IN EFFECT REQUEST REVIEW OF OUR SETTLEMENT CERTIFICATE DATED JANUARY 12, 1961 (CLAIM NO. TK-697560), WHICH DISALLOWED YOUR CLAIM 1247-59 FOR $499.98 ADDITIONAL FREIGHT CHARGES IN CONNECTION WITH A SHIPMENT OF AN AIR CONDITIONER UNIT FROM ALTUS, OKLAHOMA, TO MCCLELLAN AIR FORCE BASE, CALIFORNIA, DURING MAY 1958.

THE SHIPMENT IN QUESTION IS DESCRIBED ON THE BILL OF LADING AS "AIR COOLERS, BLOWERS AND FANS COMBINED, MOUNTED ON TRAILERS.' THE SETTLEMENT OF JANUARY 12, 1961, ALLOWED CHARGES FOR THIS SERVICE ON THE BASIS OF A RATE APPLICABLE ON SUCH ARTICLES AS "AIR CLEANERS, COOLERS OTHER THAN WATER EVAPORATIVE TYPE, DEHUMIDIFIERS, HEATERS OTHER THAN PORTABLE, HUMIDIFIERS OR WASHERS, WITH BLOWERS OR FANS," NAMED IN ITEM NO. 8265 OF ROCKY MOUNTAIN MOTOR TARIFF BUREAU TARIFF NO. 22-A, MF-I.C.C. NO. 65. STATED IN SUBSTANCE IN THE CITED SETTLEMENT THAT THE COOLING PLANT AND THE TRAILER ON WHICH IT WAS MOUNTED COMPRISED A COMPLETE UNIT, AND THAT THE COOLING PLANT "IS MADE ON THE TRAILER AND COULD NOT FUNCTION WITHOUT THE TRAILER.'

IT IS YOUR OPINION THAT THE COOLER IS A COMPLETE ARTICLE WITHOUT BEING MOUNTED ON A TRAILER AND THEREFORE THE COMMODITY SHIPPED BECOMES A COMBINATION ARTICLE AND IS SUBJECT TO THE COMBINATION ARTICLE PROVISIONS OF RULE 15 OF THE NATIONAL MOTOR FREIGHT CLASSIFICATION. IF THIS RULE WERE APPLICABLE YOU WOULD APPARENTLY BE ENTITLED TO THE $499.98 ADDITIONAL FREIGHT CHARGES PREVIOUSLY CLAIMED AND DISALLOWED.

FURTHER INVESTIGATION OF THE ARTICLE IN QUESTION WAS MADE AND THE MILITARY TRAFFIC MANAGEMENT AGENCY, SOUTHWESTERN TRAFFIC REGION, HAS ADVISED US THAT THE STOCK LIST DESCRIPTION OF THIS ARTICLE IS: "AIR CONDITIONER, TRAILER MOUNTED, FREON CYCLE, GASOLINE ENGINE DRIVEN, 4 TON REFRIGERATION CAPACITY, TYPE-A3.' THE AGENCY FURTHER ADVISED THAT THE UNIT IS USED TO REFRIGERATE AIRCRAFT, BEING TOWED INTO PLACE, WITH DUCTS THEN BEING CONNECTED TO THE AIRCRAFT AND THE COOLING PLANT STARTED.

FOR YOUR INFORMATION WE ENCLOSE A PICTURE OF THIS UNIT. YOU WILL NOTE THAT WHILE THIS UNIT IS REFERRED TO AS BEING TRAILER MOUNTED, THE FRONT AND REAR AXLES ARE ATTACHED DIRECTLY TO THE FRAME OF THE UNIT. THE PLACEMENT OF THE FUEL TANK DIRECTLY BETWEEN THE FRONT AND REAR WHEELS SEEMS TO PRECLUDE THE EXISTENCE OF A TRAILER FRAME CONNECTING THE AXLES TO FORM A SINGLE TRAILER VEHICLE WITH THE COOLING UNIT MOUNTED THEREON, AND TO OVERCOME ANY ASSUMPTION THAT AN ELEMENT OF SEPARABILITY EXISTS IN THE TOTAL UNIT.

IN CASES INTERPRETING THE COMBINATION ARTICLE RULE 18 OF THE RAILROAD FREIGHT CLASSIFICATION, SIMILAR TO RULE 15 OF THE MOTOR FREIGHT CLASSIFICATION, IT HAS BEEN HELD REPEATEDLY THAT THE RULE DOES NOT APPLY TO ARTICLES THAT HAVE THE CHARACTERISTIC OF AN ENTITY; AND THAT ITS APPLICATION IS TO COMBINATIONS OF ARTICLES THAT ARE SUITABLE OR ADAPTABLE TO SEPARATE USES. SEE STEWART AND STEVENSON SERVICES, INC. V. BALTIMORE AND OHIO R.R.CO., 276 I.C.C. 156, AND CASES THERE CITED.

SINCE WE DO NOT BELIEVE THAT THE ARTICLE SHOWN IN THE ENCLOSED PICTURE IS A COMBINATION ARTICLE WITHIN THE CONTEMPLATION OF RULE 15 OF THE NATIONAL MOTOR FREIGHT CLASSIFICATION, THE SETTLEMENT ..END :