B-138320, AUG. 25, 1959

B-138320, AUG. 25, 1959

TO STRICKLAND TRANSPORTATION COMPANY, INC.:

REFERENCE IS MADE TO YOUR REQUEST FOR REVIEW OF THE SETTLEMENT WHICH ALLOWED YOU $928.20 OF THE AMOUNT OF $2,755.98 WHICH YOU CLAIMED ON YOUR SUPPLEMENT BILL NO. 7453-A AS ADDITIONAL FREIGHT CHARGES DUE ON A SHIPMENT TRANSPORTED FROM TORRANCE, CALIFORNIA, TO SAN ANTONIO, TEXAS, UNDER GOVERNMENT BILL OF LADING AF-6936205, IN DECEMBER 1957, CONSISTING OF 100 BOXES CONTAINING MATERIAL DESCRIBED ON THE BILL OF LADING AS "EQUIPMENT SHELLS FOR AIRCRAFT," WEIGHING 39,000 POUNDS.

YOU ORIGINALLY CLAIMED AND WERE PAID TRANSPORTATION CHARGES BASED ON THE ACTUAL WEIGHT OF THE SHIPMENT AT $5.02 CENTS PER 100 POUNDS, INDICATING THAT THE CHARGES WERE COMPUTED ON THE BASIS OF A SECTION 22 QUOTATION RATE. THEREAFTER, YOU CLAIMED ADDITIONAL TRANSPORTATION CHARGES OF $2,755.98 IN YOUR SUPPLEMENTAL BILL NO. 7453-A, COMPUTED ON THE BASIS OF THE SAME RATE, SUBJECT TO A TOTAL MINIMUM WEIGHT OF 93,900 POUNDS. THIS CLAIM WAS SUPPORTED BY EVIDENCE THAT FIVE TRAILERS WERE USED IN TRANSPORTING THE SHIPMENT, AND YOU CITE NAVAJO FREIGHT LINES, INC., TENDER NO. 57-24 WHICH APPLIES ON "FUEL OR OIL CELLS" AS YOUR RATE AUTHORITY. UPON RECEIPT OF AN ADMINISTRATIVE REPORT REGARDING THE DESCRIPTION OF THE COMMODITY SHIPPED YOU WERE ALLOWED THE ADDITIONAL AMOUNT OF $923.20 BY SETTLEMENT DATED DECEMBER 15, 1958, COMPUTED ON THE BASIS OF LESS-THAN- TRUCKLOAD COMMERCIAL CLASS RATES APPLICABLE ON SHIPMENTS OF "ELECTRICAL INSTRUMENTS, NOI.' ON JUNE 18, 1959, YOU SUBMITTED SUPPLEMENTAL BILL NO. 7453-B FOR $1,247.29, BASED ON TRUCKLOAD RATINGS PUBLISHED IN ITEM 2700 OF NATIONAL MOTOR FREIGHT CLASSIFICATION NO. A-4 FOR "AIRCRAFT PARTS, NOI, OTHER THAN CLOTH AND METAL OR WOOD COMBINED," SUBJECT TO THE TRUCKLOAD MINIMUM WEIGHT FOR EACH FULLY LOADED VEHICLE, WITH THE OVERFLOW ASSESSED AT THE LESS-THAN-TRUCKLOAD RATE ON ACTUAL WEIGHT. IN SUPPORT OF SUCH CLAIM YOU STATE THAT IT WAS CONCLUDED THAT THE EXACT NATURE OF THIS SHIPMENT COULD NOT BE DIVULGED, BUT THAT THE NAVAJO FREIGHT SOLICITOR WAS TOLD "IT WOULD BE CLASSIFIED SIMILAR OR ANALOGOUS TO ITEM 2700, NMFC NO. A -4.'

WITH A LETTER OF DECEMBER 30, 1958, YOU ENCLOSED A COPY OF A LETTER DATED MARCH 7, 1958, FROM MAJOR JOHN S. RAPER, CHIEF, TRANSPORTATION DIVISION, DIRECTORATE OF SUPPLY AND SERVICES, DAYTON AIR FORCE DEPOT, DAYTON, OHIO, IN WHICH HE STATED THAT THE PROPER FREIGHT SHIPPING DESCRIPTION COVERING THESE SHIPMENTS "IS EQUIPMENT SHELLS FOR AIRCRAFT," AND THAT "MOVEMENT IS COVERED BY A SECTION 22 QUOTATION, NAVAJO TENDER 5724, QUOTING A RATE OF $5.02 CWT FROM TORRANCE, CALIFORNIA, TO SAN ANTONIO, TEXAS.'

IN VIEW OF THE DISCREPANCIES BETWEEN THE INFORMATION FURNISHED AS TO THE PROPER DESCRIPTION OF THE COMMODITY INVOLVED IN THIS MOVEMENT, A REPORT WAS REQUESTED FROM THE REGIONAL DIRECTOR, CENTRAL TRAFFIC REGION, MILITARY TRAFFIC MANAGEMENT AGENCY, 12TH AND SPRUCE STREETS, ST. LOUIS 2, MISSOURI, IN ORDER THAT SUCH DISCREPANCIES MIGHT BE CLARIFIED. IN RESPONSE TO SUCH REQUEST WE WERE FURNISHED A 1ST INDORSEMENT DATED JULY 20, 1959, ADDRESSED TO CENTRAL TRAFFIC REGION, MTMA, ST. LOUIS, MO., FROM MAJOR JOHN S. RAPER, CHIEF, TRANSPORTATION DIVISION, DAYTON AIR FORCE DEPOT, GENTILE AIR FORCE STATION, DAYTON 20, OHIO, WHICH READS AS FOLLOWS:

"1. IN AUGUST 1957 THIS OFFICE FORWARDED TO HEADQUARTERS, MTMA, A REQUEST FOR CONSIDERATION OF A VOLUME MOVEMENT ON CONTRACT AF33/600/31468. REPLY WAS RECEIVED; THEREFORE, WHEN CONTRACTOR WAS READY TO MAKE SHIPMENT, A REQUEST WAS MADE TO THE CENTRAL TRAFFIC REGION (MTMA) FOR ROUTING INSTRUCTIONS. THE MTMA OFFICE AT ST. LOUIS, MISSOURI, FURNISHED THE FREIGHT SHIPPING DESCRIPTION, ROUTING, AND SECTION 22 DATA USED ON THIS MOVEMENT.

"2. GOVERNMENT BILL OF LADING AF 6936205, DATED 6 DECEMBER 1957, COVERED 100 BOXES, 39,000 POUNDS, AND WAS COVERED BY ROUTE ORDER DRXX 4057 F3.

"3. AT TIME OF SHIPMENT IT WAS THOUGHT THAT THE ITEM BEING SHIPPED CONTAINED ELECTRICAL EQUIPMENT, BUT FURTHER RESEARCH DISCLOSED THAT THE MATERIAL WAS ACTUALLY A HOLLOW ALUMINUM SHELL OR CASE TO BE USED FOR DISPENSING ALUMINUM CHAFF FROM AIRCRAFT. THE PROPER FREIGHT DESCRIPTION IS "ALUMINUM ARTICLES, NOI, (CASE).' THE CLASSIFICATION "FUEL OR OIL CELLS, RUBBER OR FABRIC, SEPARATE OR COMBINED W/OR W/O METAL SUPPORTS OR FITTINGS," OR THE FREIGHT DESCRIPTION "ELECTRICAL INSTRUMENTS, NOI" DOES NOT APPLY.'

ACCORDINGLY, WE ARE INSTRUCTING OUR TRANSPORTATION DIVISION TO SETTLE YOUR CLAIM ON A BASIS CONSISTENT WITH THE PROPER DESCRIPTION OF THE COMMODITY INVOLVED IN THIS MOVEMENT BEING "ALUMINUM ARTICLES, (CASE).' YOU WILL BE ADVISED OF SUCH ACTION IN DUE COURSE.