B-145154, SEP. 1, 1961

B-145154: Sep 1, 1961

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TO THE ILLINOIS CENTRAL RAILROAD: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 20. THE COMMODITY INVOLVED WAS ORIGINALLY DESCRIBED ON THE BILL OF LADING AS "ALUMINUM ARTICLES. YOU ORIGINALLY BILLED AND WERE PAID FOR THE TRANSPORTATION AT THE CLASS 75 RATING PROVIDED IN THE ITEM REFERRED TO IN SUCH DESCRIPTION. IN OUR AUDIT OF THE PAYMENT VOUCHER IT WAS DETERMINED THAT THE CHARGES FOR THIS TRANSPORTATION SHOULD HAVE BEEN COMPUTED AT THE FOURTH CLASS RATING PROVIDED FOR ALUMINUM BEAMS IN ITEM 1565 OF CONSOLIDATED FREIGHT CLASSIFICATION NO. 16. YOU WERE REQUESTED BY NOTICE OF OVERPAYMENT DATED APRIL 18. THAT AMOUNT WAS SUBSEQUENTLY DEDUCTED FROM MONIES OTHERWISE DUE ON YOUR BILL AF R57464.

B-145154, SEP. 1, 1961

TO THE ILLINOIS CENTRAL RAILROAD:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 20, 1961, YOUR FILE G-WQ-65501-BG-R, IN WHICH YOU REQUESTED A REVIEW OF THE SETTLEMENT (IN CLAIM NO. TK-681009), DATED JULY 11, 1960, DISALLOWING YOUR CLAIM FOR ADDITIONAL CHARGES FOR THE TRANSPORTATION OF A SHIPMENT OF GOVERNMENT PROPERTY MOVING FROM ROCKVILLE, MINNESOTA, TO MEMPHIS, TENNESSEE, UNDER GOVERNMENT BILL OF LADING WW-2900695, DATED MAY 11, 1945.

THE COMMODITY INVOLVED WAS ORIGINALLY DESCRIBED ON THE BILL OF LADING AS "ALUMINUM ARTICLES, NOIBN, C.F.C. NO. 16, ITEM 1540. AIR TIGHT BALK FOR CONNECTING PONTOONS.' YOU ORIGINALLY BILLED AND WERE PAID FOR THE TRANSPORTATION AT THE CLASS 75 RATING PROVIDED IN THE ITEM REFERRED TO IN SUCH DESCRIPTION, ITEM 1540, CONSOLIDATED FREIGHT CLASSIFICATION NO. 16. THE ADMINISTRATIVE OFFICE, HOWEVER, SUBSEQUENTLY DETERMINED THE BILL OF LADING COMMODITY DESCRIPTION TO BE IN ERROR, AND CORRECTED IT TO READ "ALUMINUM BEAMS.' IN OUR AUDIT OF THE PAYMENT VOUCHER IT WAS DETERMINED THAT THE CHARGES FOR THIS TRANSPORTATION SHOULD HAVE BEEN COMPUTED AT THE FOURTH CLASS RATING PROVIDED FOR ALUMINUM BEAMS IN ITEM 1565 OF CONSOLIDATED FREIGHT CLASSIFICATION NO. 16. YOU WERE REQUESTED BY NOTICE OF OVERPAYMENT DATED APRIL 18, 1958, TO REFUND THE AMOUNT OF $143.58; AND THAT AMOUNT WAS SUBSEQUENTLY DEDUCTED FROM MONIES OTHERWISE DUE ON YOUR BILL AF R57464. YOUR CLAIM FOR RECOVERY OF THE DEDUCTION WAS DISALLOWED ON THE BASIS OF THE REPORT OF THE ADMINISTRATIVE OFFICE THAT THE SHIPMENT CONSISTED OF ALUMINUM BEAMS AND NOT ALUMINUM PONTOONS, RATABLE AS ALUMINUM ARTICLES, NOIBN, AS SUGGESTED IN THE LETTER OF THE WESTERN WEIGHING AND INSPECTION BUREAU DATED AUGUST 12, 1959, ADDRESSED TO YOU, AND SUBMITTED BY YOU IN SUPPORT OF YOUR CLAIM. IN YOUR LETTER DATED FEBRUARY 20, 1961, REQUESTING REVIEW OF THE SETTLEMENT, YOU STATE THAT YOU WERE INFORMED BY LT.COL. WAYNE E. LIGON, HEADQUARTERS, MILITARY TRAFFIC MANAGEMENT AGENCY, WASHINGTON, D.C., THAT THEY WERE UNABLE TO DETERMINE DEFINITELY WHAT ITEMS WERE SHIPPED ON THE BILL OF LADING.

WE HAVE RECEIVED A LETTER DATED MAY 9, 1961, FROM COL. LIGON, IN WHICH HE STATES THAT AT THE TIME HE WROTE TO YOU HE WAS UNABLE TO IDENTIFY DEFINITELY THE MATERIAL SHIPPED; BUT THAT UPON RECEIPT OF OUR INQUIRY DATED APRIL 27, 1961, WITH WHICH WE HAD FORWARDED A COPY OF THE ENGINEER FORM TC-790 CORRECTING THE ORIGINAL BILL OF LADING DESCRIPTION, HE WAS ABLE TO OBTAIN THE ENGINEER STOCK NUMBER THEREFROM AND IS NOW ABLE DEFINITELY TO IDENTIFY THE MATERIAL SHIPPED AS ALUMINUM ALLOY DECK BALKS.

ILLUSTRATIONS AND DESCRIPTIONS IN CURRENT ARMY TECHNICAL MANUALS INDICATE THAT THE COMMODITY FALLS WITHIN THE MENTIONED CLASSIFICATION DESCRIPTION OF AN ALUMINUM BEAM, BOTH AS TO ITS BASIC CONFORMATION AND AS TO ITS INTENDED USE. BALKS ARE AVAILABLE IN THREE SIZES, BUT APPARENTLY ONLY BALKS OF NORMAL SIZE WERE INCLUDED IN THE INSTANT SHIPMENT. THE NORMAL- SIZE BALK IS IN THE SHAPE OF AN ELONGATED RECTILINEAR SOLID 14 FEET, 11 3/4 INCHES LONG, 8 3/4 INCHES WIDE AND 9 1/4 INCHES HIGH, IS HOLLOW AND AIRTIGHT, AND WEIGHS 225 POUNDS. IT IS USED AS A STRUCTURAL MEMBER IN THE BUILDING OF FLOATING MILITARY BRIDGES, BUT IS NOT A PONTOON, OR ANY PART THEREOF. BALKS ARE USED TO FORM THE DECK (OR FLOOR) OF PONTOON BRIDGES. THEY ARE USUALLY ATTACHED TO REMOVABLE GUNWALES, WHICH, IN TURN, ARE ATTACHED TO THE FIXED GUNWALES ON THE PONTOONS. THEY ARE ALSO ATTACHED TO TRANSVERSE STIFFENERS IN END SPANS, FIXED SPANS MORE THAN 15 FEET LONG, AND AT THE END OF THE BRIDGES. FURTHERMORE, EVEN ASSUMING THAT THE ALUMINUM BEAM RATING IS NOT APPLICABLE, ON THE BASIS OF THE RECORD NOW AVAILABLE, WE WOULD CONCLUDE THAT THE COMMODITY SHIPPED IN THE INSTANT CASE FALLS SQUARELY WITHIN THE PURVIEW OF THE DESCRIPTION. "STRUCTURAL FORMS, NOIBN, FABRICATED FROM BARS, PLATES, OR SHAPES 3/16 INCH OR THICKER, LOOSE OR IN PACKAGES" SET FORTH IN ITEM 1765, CONSOLIDATED FREIGHT CLASSIFICATION NO. 16, WHICH, WE UNDERSTAND, IS THE DESCRIPTION CURRENTLY BEING USED BY THE MILITARY TRAFFIC MANAGEMENT AGENCY ON THIS ARTICLE. ITEM 1765 ALSO PROVIDES A FOURTH CLASS RATING, UPON WHICH BASIS THE CHARGES ARE NOW SETTLED. ACCORDINGLY, THE SETTLEMENT OF JULY 11, 1960, IS SUSTAINED.