B-123455, AUG. 18, 1955

B-123455, AUG. 18, 1955

TO ONEIDA MOTOR FREIGHT, INC.:

REFERENCE IS MADE TO YOUR REQUEST FOR REVIEW OF THE SETTLEMENTS WHICH DISALLOWED YOUR CLAIM--- PER BILLS U-2035, U-2433, U-2434, U 2484, U-2538, U-2549, AND U-2622--- FOR ADDITIONAL CHARGES FOR SERVICES PERFORMED IN TRANSPORTING ELECTRIC CABLE FROM ROME, NEW YORK, TO BELLE MEAD, NEW JERSEY, ON GOVERNMENT BILLS OF LADING, DURING MARCH 1952.

THE CONTROVERSY CONCERNS THE CORRECT DESCRIPTION, FOR FREIGHT CLASSIFICATION AND RATING PURPOSES, OF THE COMMODITY SHIPPED. YOU CONTEND THAT THE ARTICLE IS PROPERLY DESCRIBED AS CABLE ASSEMBLIES, RATED CLASS F IN ITEM 34095-A OF SUPPLEMENT NO. 6 TO NATIONAL MOTOR FREIGHT CLASSIFICATION NO. 11, WHICH PROVIDES CLASSIFICATION RATINGS FOR "CABLE ASSEMBLIES OR HARNESS, WIRING, ELECTRICAL, NOI IN PACKAGES.' THE SETTLEMENTS ARE BASED ON THE LOWER CLASS-40 RATES APPLYING ON "CABLE, ELECTRIC: COPPER, N.O.I.' THE CLASS-40 RATING IS NAMED IN ITEM 4020 OF MIDDLE ATLANTIC CONFERENCE FREIGHT TARIFF NO. 10 I, MF-I.C.C. NO. A-410. THIS ITEM NAMES THE CLASS-40 RATING FOR APPLICATION ON STRAIGHT OR MIXED TRUCKLOAD SHIPMENTS OF ARTICLES ENUMERATED IN LIST NO. 11 IN SECTION 3 OF THE TARIFF. THAT LIST ALSO CONTAINS "CABLE TERMINALS OR PARTS THEREOF.' IN YOUR REQUEST FOR REVIEW YOU STATE: "WE MUST BE GOVERNED BY THE COMMODITY ACTUALLY SHIPPED.' OUR OFFICE IS IN AGREEMENT WITH THAT POSITION.

THE BILLS OF LADING DESCRIBED THE ARTICLES AS: WIRE COPPER INSULATED (3E 5999-1.48) (CABLE ASSEMBLY).' IN THE "PACKAGES" COLUMN OF BILL OF LADING NO. WY-593553 (YOUR BILL NO. 2484) THERE IS SHOWN "300," BUT NO DESCRIPTION AS TO TYPE OF PACKAGE. REFERENCE IS MADE ON THE BILL OF LADING, IN THE SPACE PROVIDED FOR THE CONTRACT OR PURCHASE ORDER NUMBER, TO "8362-PH-51-15.'

ORDER NO. 8362-PHILA-51-15, ISSUED PURSUANT TO A CONTRACT (NO. DA 36-039- SC-4919) WITH THE ROME CABLE CORPORATION AT ROME, NEW YORK, CALLED FOR THE FOLLOWING ARTICLES:

"ITEM 1 (3E5999-1.48) (322 845 998)

"CABLE ASSEMBLY, TELEPHONE: ARMY-NAVY CABLE ASSEMBLY CX-1065/G; USES ARMY -NAVY CABLE WF-8/G; 1320 FT. EXCLUDING TERMINATIONS, UNIVERSAL CABLE CONNECTOR ON EA END * * *.'

THE CONTRACT PROVIDED THAT THE SHIPMENTS OF THIS MATERIAL WERE TO BE MADE ON REELS.

IT APPEARS THAT THE ARTICLE WAS A TELEPHONE CABLE WITH CONNECTORS OR TERMINAL FITTINGS, SHIPPED ON REELS, THE TOTAL WEIGHT OF THE REEL AND CABLE BEING 138 POUNDS. THE LENGTH OF THE CABLE, SHOWN AS 1320 FEET, AND THE COMBINED WEIGHT OF THE MATERIAL AND THE REEL INDICATES THAT THE ARTICLE CONSISTED OF NO MORE THAN A LENGTH OF CABLE WITH TERMINAL ATTACHMENTS. ON MARCH 18, 1954, THE ADMINISTRATIVE OFFICER, MAJOR DAVID H. DARLINGTON, TRANSPORTATION CORPS, CHIEF, TRAFFIC SERVICES DIVISION, FIRST TRANSPORTATION ZONE OFFICE, DEPARTMENT OF THE ARMY, PITTSBURGH, PENNSYLVANIA, INFORMED YOU THAT THE RECORDS INDICATED THAT THE SHIPMENTS WERE TO BE PROPERLY DESCRIBED AS ,CABLE, ELECTRIC, ALUMINUM, BASE, BRONZE OR COPPER.'

CONCERNING THE CONTENTION THAT ATTACHMENTS PLACED ON BOTH ENDS OF THE CABLE PLACES THE ARTICLE WITHIN THE CLASSIFICATION DESCRIPTION CLAIMED BY YOU, I.E., CABLE ASSEMBLIES OR HARNESS, WIRING, ELECTRICAL, N.O.I., PER ITEM 34095-A OF THE CLASSIFICATION, IT IS OBSERVED THAT ITEM 4020 OF TARIFF NO. 10-I AND LIST NO. 11 IN SECTION 3 OF THE TARIFF PROVIDE FOR RATINGS ON ELECTRIC CABLE AND CABLE TERMINALS OR PARTS THEREOF, IN STRAIGHT OR MIXED TRUCKLOADS. THEREFORE, THE PRESENCE OF TERMINALS IN THE SHIPMENT DOES NOT RESULT IN THE INCLUSION OF ARTICLES RATED HIGHER THAN THE CABLE ITSELF. IN THIS CONNECTION, SEE RULE 15 OF THE NATIONAL MOTOR FREIGHT CLASSIFICATION NO. 11.

THE NATIONAL CLASSIFICATION BOARD OF THE TRUCKING INDUSTRY, UNDER DATE OF MARCH 10, 1955, FILE 101-12-30495, INFORMED OUR TRANSPORTATION DIVISION THAT CLASSIFICATION ITEM NO. 34095, COVERING CABLE ASSEMBLIES OR HARNESSES, WIRING, ELECTRICAL, FIRST APPEARED IN SUPPLEMENT NO. 15 TO NATIONAL MOTOR FREIGHT CLASSIFICATION NO. 9. WITH RESPECT TO THE ARTICLES PURSUANT TO WHICH THIS ITEM WAS ADDED TO THE CLASSIFICATION, THE BOARD STATED THAT:

"THE ARTICLES CONSIDERED WERE ASSEMBLIES OR HARNESSES OF TWO OR MORE CABLES WITH FITTINGS DESIGNED AND MADE FOR SPECIFIC APPLICATION IN THE WIRING OF AUTOMOBILES, MACHINES, ETC.'

SINCE THE CABLE UNDER CONSIDERATION PLAINLY DOES NOT COME WITHIN THE SCOPE OF THAT ITEM, AS INTERPRETED BY YOUR NATIONAL CLASSIFICATION BOARD, IT HAS NO APPLICATION TO THESE SHIPMENTS.

ACCORDINGLY, FOR THE REASONS STATED, THE SETTLEMENTS UNDER CONSIDERATION ARE SUSTAINED.