B-161565, NOV. 7, 1967

B-161565: Nov 7, 1967

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A SHIPMENT OF PNEUMATIC TIRES DESIGNED FOR USE AS ROLLING WHEEL TYPE LIQUID TRANSPORTER WAS PROPERLY CLASSIFIED FOR FREIGHT CHARGE PURPOSES AS PNEUMATIC TIRES RATHER THAN RUBBER ARTICLES NOI AND ALTHOUGH THE ARTICLES COULD BE USED FOR TRANSPORTING FUEL THEY ALSO WERE TIRES DESIGNED FOR MOUNTING ON WHEELS AND CAPABLE OF BEING INFLATED WITH AIR. THEREFORE CLAIMS FOR ADDITIONAL FREIGHT CHARGES WERE PROPERLY DISALLOWED. INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 16. YOUR CLAIMS ARE BASED ON MINIMUM TRUCKLOAD CHARGES COMPUTED AT THE RATING PROVIDED IN ITEM 156600 OF NATIONAL MOTOR FREIGHT CLASSIFICATION A-7 FOR RUBBER ARTICLES. THE CHARGES FOUND APPLICABLE IN THE AUDIT HERE ARE THOSE BASED ON THE LESS THAN TRUCKLOAD RATING PROVIDED IN ITEM 157230 OF THE CLASSIFICATION FOR PNEUMATIC TIRES.

B-161565, NOV. 7, 1967

TRANSPORTATION - FREIGHT CHARGES - CLASSIFICATION - TIRES DECISION TO BENDER AND LOUDON MOTOR FREIGHT, INC. RE CLAIM FOR TRANSPORTATION CHARGES FOR SHIPMENT OF TIRES BASED ON MINIMUM TRUCKLOAD CHARGES FOR RUBBER ARTICLES NOI. A SHIPMENT OF PNEUMATIC TIRES DESIGNED FOR USE AS ROLLING WHEEL TYPE LIQUID TRANSPORTER WAS PROPERLY CLASSIFIED FOR FREIGHT CHARGE PURPOSES AS PNEUMATIC TIRES RATHER THAN RUBBER ARTICLES NOI AND ALTHOUGH THE ARTICLES COULD BE USED FOR TRANSPORTING FUEL THEY ALSO WERE TIRES DESIGNED FOR MOUNTING ON WHEELS AND CAPABLE OF BEING INFLATED WITH AIR. THEREFORE CLAIMS FOR ADDITIONAL FREIGHT CHARGES WERE PROPERLY DISALLOWED.

TO BENDER AND LOUDON MOTOR FREIGHT, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 16, 1967, ASKING FOR REVIEW OF THE SETTLEMENT CERTIFICATES DISALLOWING YOUR OVERCHARGE CLAIMS NO. 3073 AND NO. 3074, PRO. NOS. DT 92702 AND 92783, GOVERNMENT BILLS OF LADING NOS. C-4185226 AND C-4185227. YOUR CLAIMS ARE BASED ON MINIMUM TRUCKLOAD CHARGES COMPUTED AT THE RATING PROVIDED IN ITEM 156600 OF NATIONAL MOTOR FREIGHT CLASSIFICATION A-7 FOR RUBBER ARTICLES, NOI, PLUS PENALTY CHARGES FOR IMPROPER PACKING. THE CHARGES FOUND APPLICABLE IN THE AUDIT HERE ARE THOSE BASED ON THE LESS THAN TRUCKLOAD RATING PROVIDED IN ITEM 157230 OF THE CLASSIFICATION FOR PNEUMATIC TIRES. OUR AUDIT BASIS COINCIDES WITH THAT REPORTED AS APPLICABLE BY THE GOVERNMENT AGENCY RESPONSIBLE FOR SHIPPING THE TIRES. THE SOLE QUESTION RAISED BY YOUR REQUEST FOR REVIEW IS WHETHER THE ARTICLES COMPRISING THE TWO SHIPMENTS IN QUESTION WERE IN FACT PNEUMATIC TIRES.

THE ARTICLES WERE DESCRIBED IN THE BILLS OF LADING AS PNEUMATIC TIRES AND FURTHER PARENTHETICALLY DESCRIBED AS RUBBER WHEEL FUEL CELLS. THEY WERE DESIGNED FOR USE AS PART OF A DEVICE DESCRIBED IN DEPARTMENT OF THE ARMY TECHNICAL MANUAL TM 55-2330-203-10-1 AS A ROLLING WHEEL TYPE LIQUID TRANSPORTER. ACCORDING TO THE MANUAL, THE PURPOSE OF THE LIQUID TRANSPORTER IS TO PROVIDE AN ECONOMICAL AND EFFICIENT METHOD FOR TRANSPORTING LIQUID MATERIALS. THE DEVICE MAY BE TOWED BY ANY PRIME MOVER THAT IS EQUIPPED WITH A STANDARD PINTLE HOOK, STANDARD SERVICE AND EMERGENCY AIR COUPLING, AND PLUG-TYPE ELECTRICAL RECEPTACLE. IT CAN BE MOVED OR TOWED OVER ALMOST ANY TYPE OF TERRAIN, INCLUDING LAKES OR RIVERS. THE EXTREME LOW-ROLLING RESISTANCE IMPOSES A VERY LOW DRAWBAR PULL FACTOR. SPEEDS AT WHICH THE LIQUID TRANSPORTER IN A SINGLE OR TANDEM HOOKUP CAN BE TOWED DEPENDS LARGELY ON THE TYPE OF TERRAIN BEING TRANSVERSED, AND THE SIZE OF THE PRIME MOVER EMPLOYED.

THE PHOTOGRAPH AND DRAWINGS IN THE MANUAL SHOW THAT THE TRANSPORTER CONSISTS OF A DRAWBAR (WITH ELECTRICAL AND AIR-PRESSURE HOSE AND COUPLINGS), AN AXLE, TWO WHEELS, AND WHAT APPEAR TO BE TWO LARGE RUBBER TIRES. EACH OF THE WHEELS IS EQUIPPED WITH TWO FUEL VALVES AND ONE AIR- PRESSURE VALVE. THESE VALVES PERMIT THE INTRODUCTION OF FUEL OR AIR INTO THE LARGE RUBBER TIRE MOUNTED ON THE WHEEL. ALTHOUGH THE TRANSPORTER IS DESIGNED PRIMARILY FOR MOVING FUEL, IT CAN BE TOWED WHEN EMPTY OF FUEL BY INFLATING THE TIRES WITH AIR.

THE USUAL DICTIONARY DEFINITION OF THE NOUN TIRE IS THAT IT IS A HOOP OR BAND FORMING THE TREAD OF A WHEEL. AND WHEN USED WITH THE ADJECTIVE PNEUMATIC, THE GENERAL MEANING IS THAT IT IS A HOOP OR BAND, CAPABLE OF BEING INFLATED WITH AIR, FORMING THE TREAD OF A WHEEL. EACH OF THE ARTICLES HERE IN QUESTION WAS OF FOUR-PLY CONSTRUCTION AND WAS MANUFACTURED WITH A BEAD TO INSURE AN AIR-TIGHT SEAL WHEN MOUNTED ON THE WHEEL OF THE TRANSPORTER. EACH WAS DESIGNED FOR MOUNTING ON A WHEEL OF THE TRANSPORTER TO FORM ITS TREAD AND EACH WAS CAPABLE OF BEING INFLATED WITH AIR WHEN SO MOUNTED. WHILE THE ARTICLE ALSO COULD BE USED TO CONTAIN AND TRANSPORT FUEL, WE CANNOT SAY FOR THIS REASON THAT IT WAS NOT IN FACT A PNEUMATIC TIRE. FROM THE STANDPOINT OF CLASSIFICATION, THE USE TO WHICH AN ARTICLE IS PUT IS IMMATERIAL ONCE IT IS ESTABLISHED THAT THE ARTICLE IS WITHIN THE CLASSIFICATION DESCRIPTION. J.L. CLARK MFG. CO. V. DOHRN TRANSFER CO., 47 M.C.C. 342, 344 (1947).

THE RATING APPLIED IN THE AUDIT HERE WAS PROVIDED IN CONNECTION WITH A CLASSIFICATION DESCRIPTION FOR PNEUMATIC TIRES WITHOUT QUALIFICATION AS TO SIZE, WEIGHT, DENSITY, OR METHOD OF MANUFACTURE. WHILE THE ARTICLES IN QUESTION COULD BE USED FOR TRANSPORTING FUEL, THEY ALSO WERE PNEUMATIC TIRES IN THAT THEY WERE DESIGNED FOR MOUNTING ON WHEELS AND WERE CAPABLE OF BEING INFLATED WITH AIR. FOR THESE REASONS, WE BELIEVE THAT THE CHARGE BASIS APPLIED HERE WAS CORRECT AND WE SUSTAIN THE SETTLEMENT CERTIFICATES DISALLOWING YOUR CLAIMS FOR ADDITIONAL CHARGES.