B-146281, APR. 3, 1962

B-146281, APR. 3, 1962

TO ILLINOIS CENTRAL RAILROAD:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 21, 1961, FILE G-WQ 17156 BG, IN WHICH YOU REQUESTED A REVIEW OF THE DISALLOWANCE BY OUR TRANSPORTATION DIVISION OF YOUR SUPPLEMENTAL BILL NO. WQ-17156-B, DATED DECEMBER 1, 1960. THE SUPPLEMENTAL BILL WAS FOR $146.72, WHICH AMOUNT HAD BEEN PREVIOUSLY DEDUCTED FROM ANOTHER BILL TO RECOVER AN OVERCHARGE MADE IN CONNECTION WITH TWO SHIPMENTS OF AMMUNITION CONTAINERS, EACH WEIGHING 90,700 POUNDS, FROM GRAND RAPIDS, MICHIGAN, TO DOYLINE, LOUISIANA, DURING JUNE 1945.

THE PRESENT CONTROVERSY CONCERNS THE FREIGHT CLASSIFICATION RATING TO BE APPLIED TO THE ARTICLE SHIPPED FOR THE PURPOSE OF COMPUTING FREIGHT CHARGES. YOU CONTEND THAT THE COMMODITY SHIPPED WAS DESCRIBED ON THE BILLS OF LADING AS "CYLINDERS, SMOKELESS POWDER SHIPPING, IRON OR STEEL," AND THAT ITEM 9405 OF THE CONSOLIDATED FREIGHT CLASSIFICATION SHOULD BE APPLIED. THIS ITEM NAMES A CLASS A (OR CLASS 45) RATING, CARLOAD MINIMUM WEIGHT 24,000 POUNDS, SUBJECT TO RULE 34, ON ,CYLINDERS, SMOKELESS POWDER SHIPPING, IRON OR STEEL.' WE CONTEND, HOWEVER, THAT THE ARTICLE IN QUESTION IS SUBJECT TO THE LOWER CLASS 40 RATING, CARLOAD MINIMUM WEIGHT 30,000 POUNDS, SUBJECT TO RULE 34, NAMED IN ITEM 13805 OF THE CONSOLIDATED FREIGHT CLASSIFICATION ON "CONTAINERS, SHEET IRON OR STEEL, SET UP * * * LIQUID CAPACITY EXCEEDING 1 GALLON BUT NOT EXCEEDING 5 GALLONS.

IN ORDER TO DETERMINE WHICH OF THESE TWO CLASSIFICATION RATINGS SHOULD BE APPLIED IT IS FIRST NECESSARY TO ASCERTAIN WHAT WAS ACTUALLY SHIPPED. THE TWO BILLS OF LADING INVOLVED CONTAIN THE DESCRIPTION OF CYLINDERS, SMOKELESS POWDER SHIPPING, IRON OR STEEL, AS YOU STATE, BUT THERE IS ADDITIONAL DESCRIPTIVE LANGUAGE ON THE BILLS OF LADING. FOR EXAMPLE, THE WORDS "/AMMUNITION CONTAINERS)" APPEAR ON THE BILLS OF LADING, AS WELL AS THE WORDS "75 MM M 154A1 CONTAINER AMMUNITION.' SUCH INDICATIONS OF THE TRUE CHARACTER OF THE ARTICLE HELP REMOVE ANY DOUBT THAT THE TWO SHIPMENTS IN QUESTION CONSISTED OF A STEEL CYLINDER, MADE SPECIFICALLY FOR 75 MILLIMETER AMMUNITION. SINCE ALL 75 MILLIMETER AMMUNITION CONSISTS OF FIXED ROUNDS (GULF, MOBILE AND OHIO RAILROAD COMPANY V. UNITED STATES, 305 I.C.C. 583, 585), A CONTAINER IN THE FORM OF A CYLINDER NAMUFACTURED FOR THE SHIPPING OR HANDLING OF SUCH AMMUNITION COULD NOT BE DEEMED TO BE A CYLINDER FOR SHIPPING SMOKELESS POWDER. WE NOTE ALSO THAT AT THE TIME OF THESE SHIPMENTS THE INTERSTATE COMMERCE COMMISSION REGULATIONS GOVERNING THE TRANSPORTATION OF EXPLOSIVES AND DANGEROUS ARTICLES AUTHORIZES THE SHIPMENT OF SMOKELESS POWDER FOR CANNON BY RAIL FREIGHT IN WOODEN BARRELS OR KEGS, METAL KEGS, TIGHT METAL CASES IN TIGHT WOODEN BOXES, LINED WOODEN BOXES, OR IN FIBER DRUMS, NO PROVISION BEING MADE FOR SHIPMENT IN STEEL CYLINDERS. 49 CFR, CUM SUPP., 1943, PARTS 71-85, PAGE 11872 (SECTION 65 (B) ). ON THE OTHER HAND, SECTION 55 (B), PAGE 11857, OF THE AFORESAID REGULATIONS AUTHORIZES THE SHIPMENT OF AMMUNITION FOR CANNON IN "STRONG WOODEN OR METAL CONTAINERS.'

THE RECORD, THEREFORE, STRONGLY SUPPORTS THE RATING OF THE CYLINDERS HERE SHIPPED AS IRON OR STEEL CONTAINERS, SUBJECT TO THE CLASS 40 RATING NAMED IN ITEM 13805 OF THE CONSOLIDATED FREIGHT CLASSIFICATION, FOR THE BASIC REASON THAT THE ARTICLE SHIPPED WAS NOT, AND WAS NOT USED AS, A SMOKELESS POWDER SHIPPING CYLINDER.