B-145840, AUG. 3, 1961

B-145840: Aug 3, 1961

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FREDERICKSBURG AND POTOMAC RAILROAD COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 9. IS UNDERSTOOD TO BE A PART OF KANSAS CITY. FOR THE SERVICES PERFORMED YOU ORIGINALLY CLAIMED AND WERE PAID CHARGES IN THE AMOUNT OF $797.47. IT WAS DETERMINED THAT THE CHARGES AS PAID WERE CORRECT. THIS CORRECTION SHEET WAS DATED JULY 15. THAT CLAIM WAS DISALLOWED SUBSTANTIALLY FOR THE REASON THAT THE RECORD AVAILABLE FAILED TO SUPPORT SUCH CORRECTION. WHICH YOU NOW ASSERT IS CORRECT. YOU ALSO ASSERT THAT YOU HAVE AGAIN REFERRED THIS QUESTION TO THE DISTRICT MANAGER OF THE ISSUING BUREAU WHO STATES THAT THE MOST RECENTLY SUBMITTED CORRECTION SHEET IS IN ORDER. THIS CORRECTION SHEET ON WHICH YOU NOW RELY IS DATED DECEMBER 22.

B-145840, AUG. 3, 1961

TO RICHMOND, FREDERICKSBURG AND POTOMAC RAILROAD COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 9, 1961, FILE F-1034 A, WITH ENCLOSURE, REQUESTING REVIEW OF OUR SETTLEMENT DATED FEBRUARY 13, 1961, WHICH DISALLOWED YOUR CLAIM PER SUPPLEMENTAL BILL NO. F-1034 A FOR $625.20 ADDITIONAL FREIGHT CHARGES ALLEGED TO BE DUE FOR THE TRANSPORTATION OF "1 CRANE, REVOLVING OR MILITARY BRIDGE ERECTING, MOUNTED ON AUTOMOBILE, LOOSE," FROM THE PITMAN MANUFACTURING COMPANY, DODSON, MISSOURI, TO FORT BELVOIR, VIRGINIA, UNDER BILL OF LADING WY 7067755, DATED NOVEMBER 22, 1957. DODSON, MISSOURI, IS UNDERSTOOD TO BE A PART OF KANSAS CITY, MISSOURI.

FOR THE SERVICES PERFORMED YOU ORIGINALLY CLAIMED AND WERE PAID CHARGES IN THE AMOUNT OF $797.47, COMPUTED ON THE BASIS OF A CLASS-45 RATING, MINIMUM WEIGHT OF 24,000 POUNDS SUBJECT TO RULE 34, AS PROVIDED IN ITEM 60690 OF UNIFORM FREIGHT CLASSIFICATION NO. 4 AT A BASE RATE OF $1.71 PER 100 POUNDS, PLUS APPROPRIATE INCREASES, OR $2.34 PER 100 POUNDS AT A MINIMUM WEIGHT OF 34,000 POUNDS FOR A 45 FOOT CAR ORDERED AND FURNISHED AS PUBLISHED IN CENTRAL TERRITORY RAILROADS TARIFF BUREAU TARIFF NO. 1010, AGENT SCHULDT'S I.C.C. NO. 4488. IN OUR AUDIT OF THE PAYMENT VOUCHER, IT WAS DETERMINED THAT THE CHARGES AS PAID WERE CORRECT. THEREAFTER, YOU PRESENTED YOUR SUPPLEMENTAL BILL NO. F-1034-A FOR $625.00 SUPPORTED BY A WESTERN WEIGHING AND INSPECTION BUREAU CORRECTION SHEET PURPORTING TO CORRECT THE DESCRIPTION OF THE ARTICLE TRANSPORTED TO "COMBINATION ARTICLE, LOOSE, VIZ: AUTOMOBILE, FREIGHT. SPRAYER, N.O.I.B.N. W/ENGINES. 1 BOX TRUCK PARTS. CRANE, REVOLVING OR MILITARY BRIDGE ERECTING MOUNTED ON AUTOMOBILE OR TRAILER TRUCK.' THIS CORRECTION SHEET WAS DATED JULY 15, 1960, OR APPROXIMATELY 30 MONTHS AFTER THE SHIPMENT MOVED. THAT CLAIM WAS DISALLOWED SUBSTANTIALLY FOR THE REASON THAT THE RECORD AVAILABLE FAILED TO SUPPORT SUCH CORRECTION.

WITH YOUR LETTER OF MAY 9, 1961, YOU ENCLOSE ANOTHER WESTERN WEIGHING AND INSPECTION BUREAU CORRECTION SHEET, WHICH YOU NOW ASSERT IS CORRECT, PURPORTING TO CHANGE THE DESCRIPTION OF THE ARTICLE TRANSPORTED TO "COMBINATION ARTICLE, LOOSE, VIZ. AUTOMOBILE, FREIGHT. ITEM 93340, UFC NO. 4 CRANE, REVOLVING OR MILITARY BRIDGE ERECTING MOUNTED ON AUTOMOBILE OR TRAILER TRUCK. ITEM 60690, UFC NO. 4.' YOU ALSO ASSERT THAT YOU HAVE AGAIN REFERRED THIS QUESTION TO THE DISTRICT MANAGER OF THE ISSUING BUREAU WHO STATES THAT THE MOST RECENTLY SUBMITTED CORRECTION SHEET IS IN ORDER. THIS CORRECTION SHEET ON WHICH YOU NOW RELY IS DATED DECEMBER 22, 1958, OR APPROXIMATELY 11 MONTHS AFTER THE SHIPMENT MOVED. NO EXPLANATION IS OFFERED AS TO WHY TWO CORRECTION SHEETS WERE PREPARED ON THIS SHIPMENT OR WHY YOU NOW RELY ON THE OLDER OF SUCH CORRECTIONS.

THE SOLE ISSUE INVOLVED IS THE PROPER DESCRIPTION FOR FREIGHT RATE PURPOSES OF THE ARTICLE SHIPPED. IT APPEARS TO BE YOUR POSITION THAT THE ARTICLE SHOULD BE RATED AS A COMBINATION ARTICLE, A FREIGHT AUTOMOBILE COMBINED WITH A REVOLVING CRANE BECAUSE THE DEVICE WAS USED TO TRANSPORT CERTAIN BRIDGE COMPONENTS TO A BRIDGE ERECTION SITE, AS WELL AS TO ERECT THE BRIDGE ON ARRIVAL. HOWEVER, THE USE TO WHICH AN ARTICLE IS PUT IS NOT CONTROLLING FOR CLASSIFICATION PURPOSES; IT IS RATHER THE NATURE AND ESSENTIAL CHARACTER OF THE ARTICLE AT THE TIME OF SHIPMENT WHICH IS DETERMINATIVE. SEE HARRIS V. DIRECTOR GENERAL, 60 I.C.C. 428. THUS, THE ESSENTIAL FACT TO BE RESOLVED IS WHAT ACTUALLY MOVED.

BILL OF LADING WY-7067755 SHOWS THAT THE AUTHORITY FOR THE SHIPMENT IS CONTRACT NO. DA 44-009 ENG-3250. IN VIEW OF THE CONFLICT IN THE RECORD AS TO THE NATURE OF THE ARTICLE SHIPPED, IT WAS CONSIDERED NECESSARY TO EXAMINE THIS CONTRACT TO ASCERTAIN THE EXACT CONSIST OF THE SHIPMENT. THE CONTRACT IN QUESTION, BETWEEN THE U.S. ENGINEER RESEARCH AND DEVELOPMENT LABORATORIES, CORPS OF ENGINEERS, FORT BELVOIR, VIRGINIA, AND THE PITMAN MANUFACTURING COMPANY, 300 WEST 79TH STREET TERRACE, KANSAS CITY 14, MISSOURI, PROVIDES FOR THE MODIFICATION OF SIX CRANES, EACH FROM A CRANE, HYDRAULIC, 6,000 POUND RATED CAPACITY--- 16 FOOT BOOM, MOUNTED ON A 5-TON 6 BY 6 BRIDGE CARGO TRUCK TO A CRANE, HYDRAULIC, 4,000 POUNDS, 22 FOOT BOOM, MOUNTED ON A 5-TON 6 BY 6 BRIDGE CARGO TRUCK. BY ITS TERMS THE EQUIPMENT WAS TO BE MODIFIED TO RESULT IN A HYDRAULICALLY OPERATED THREE- SECTION TELESCOPIC, SWING-BOOM, 4,000 POUND RATED CAPACITY, 22 FOOT RADIUS CRANE WITH FOLDING OUTRIGGERS, MOUNTED ON A 5-TON 6 BY 6 BRIDGE CARGO TRUCK IN COMPLETE WORKING CONDITION FULLY CAPABLE OF LOADING AND UNLOADING MILITARY BRIDGE SECTIONS. IT IS CLEAR THAT THE MODIFICATIONS WERE EXTENSIVE AND COSTLY AND, AS MODIFIED, THE TRUCK, BODY AND HYDRAULIC CRANE ARE ESPECIALLY INTEGRATED WITH EACH OTHER INTO A COMPLETE UNIT; AND THAT THE TRUCK COULD NOT BE USED AS A CARGO CARRYING VEHICLE WITHOUT EXTENSIVE STRUCTURAL MODIFICATIONS. THUS, THE RECORD ESTABLISHES THAT THE ARTICLE TRANSPORTED IS A UNIT AS SPECIFICALLY DESCRIBED IN AND COVERED BY ITEM 60690, UNDER THE GENERIC HEADING "MACHINERY OR MACHINES, OR PARTS NAMED," OF UNIFORM FREIGHT CLASSIFICATION NO. 4, WHICH READS AS FOLLOWS:

"CRANES, DERRICKS OR POWER SHOVELS, REVOLVING OR MILITARY BRIDGE ERECTING, MOUNTED ON AUTOMOBILE OR TRAILER TRUCKS, LOOSE OR IN PACKAGES.'

IN VIEW OF THE FOREGOING, IT SEEMS BEYOND QUESTION THAT THE CONSIDERED ARTICLE WAS PROPERLY CLASSIFIED UNDER ITEM 60690 OF UNIFORM FREIGHT CLASSIFICATION NO. 4. THE SETTLEMENT OF YOUR CLAIM WAS MADE ON THAT BASIS AND, ACCORDINGLY, IS SUSTAINED.