B-164650, JUL. 28, 1969

B-164650, JUL. 28, 1969

TRANSPORTATION - FREIGHT RATES - CLASSIFICATION EXCEPTION DECISION TO O.N.C. MOTOR FREIGHT SYSTEM SUSTAINING DISALLOWANCE OF CLAIM FOR TRANSPORTATION OF FOUR SHIPMENTS OF ALUMINUM FROM POINTS IN WASHINGTON TO POINTS IN CALIFORNIA ON BASIS OF LESS-THAN-TRUCKLOAD CLASS RATING. SINCE CARRIERS DID NOT MAKE PROVISION FOR A LESS-THAN TRUCKLOAD RATING IN EXCEPTIONS, ITEM 1840 DID NOT REMOVE THE CLASSIFICATION RATING FOR LESS- THAN-TRUCKLOAD SHIPMENTS. CF. B-161553, JANUARY 18, 1968.

TO O.N.C. MOTOR FREIGHT SYSTEM:

BY YOUR LETTER OF FEBRUARY 28, 1969, O.N.C. FILE NOS. 08-041-7-1, 17051- 1, 03-187-7-1 AND 05-090-7-1, YOU REQUEST REVIEW OF SETTLEMENTS OF AUGUST 28, OCTOBER 24 AND NOVEMBER 14 AND 22, 1968 (OUR CLAIM NOS. TK-873471, TK- 877156, TK-881105 AND TK-882055). THE SETTLEMENTS ALLOWED $11.66 OF A TOTAL OF $1,893.58 CLAIMED AS THE BALANCE OF FREIGHT CHARGES ALLEGED TO BE DUE FOR THE TRANSPORTATION OF FOUR SHIPMENTS OF TANKS, ALUMINUM, SET UP, 18 GAUGE OR THICKER, HAVING A CAPACITY OF 100 GALLONS OR MORE, WHICH MOVED BETWEEN POINTS IN THE STATE OF WASHINGTON AND POINTS IN THE STATE OF CALIFORNIA, UNDER GOVERNMENT BILLS OF LADING NOS. C-6779001, DATED JUNE 19, 1967, C 2897234, DATED APRIL 28, 1965, D-0417961, DATED MARCH 10, 1967, AND D 0898983, DATED MAY 3, 1967.

THE FREIGHT CHARGES FOUND APPLICABLE IN CONNECTION WITH THE SETTLEMENTS WERE BASED ON THE LESS-THAN-TRUCKLOAD CLASS 200 RATING ON ALUMINUM TANKS SET FORTH IN ITEM 180860 OF THE GOVERNING CLASSIFICATION. A CLASS 100 TRUCKLOAD RATING, MINIMUM WEIGHT, 12,000 POUNDS, ON ALUMINUM TANKS, SET UP, 18 GAUGE OR THICKER, HAVING A CAPACITY OF 100 GALLONS OR MORE, WAS PUBLISHED IN ITEM 1840 OF PACIFIC INLAND TARIFF BUREAU FREIGHT TARIFF NO. 9-D, MF-I.C.C. 125, AS AN EXCEPTION TO ITEM 180860 OF NATIONAL MOTOR FREIGHT CLASSIFICATION NOS. A-8 AND A-9; IT IS YOUR CONTENTION THAT THE LEGAL CHARGES ON THE SHIPMENTS SHOULD BE BASED ON THE RATING AUTHORIZED IN ITEM 1840, SINCE IN YOUR VIEW THE EXCEPTION ITEM REMOVES THE LESS-THAN- TRUCKLOAD CLASS 200 RATING ON ALUMINUM TANKS FROM THE GOVERNING CLASSIFICATION.

THE CLASS 100 RATING IN ITEM 1840 OF PACIFIC INLAND FREIGHT TARIFF BUREAU TARIFF NO. 9-D, IS PUBLISHED AS AN EXCEPTION TO ITEM 180860 OF THE NATIONAL MOTOR FREIGHT CLASSIFICATION. ITEM 1840 ALSO CONTAINS REFERENCE TO THE FACT THAT LESS-THAN-TRUCKLOAD SHIPMENTS OF ALUMINUM TANKS HAVING A CAPACITY OF 100 GALLONS OR MORE ARE "NOT TAKEN," WHICH YOU APPARENTLY VIEW AS PRECLUDING THE APPLICABILITY OF A LESS-THAN TRUCKLOAD RATING ON ALUMINUM TANKS EVEN THOUGH THE CARRIERS ACCEPT AND TRANSPORT SUCH SHIPMENTS.

WE DO NOT BELIEVE THAT THE CLASSIFICATION LESS-THAN-TRUCKLOAD RATINGS ARE EXCLUDED FROM APPLICATION IN THE PRESENT INSTANCES WHERE CARRIERS, WITHOUT MAKING SPECIAL ARRANGEMENTS MODIFYING THE CLASSIFICATION CONDITIONS, TAKE AND TRANSPORT LESS-THAN-TRUCKLOAD SHIPMENTS OF ALUMINUM TANKS. WHATEVER THE CARRIERS' INTENT MIGHT HAVE BEEN, THEIR REFUSAL TO MAKE PROVISION FOR A LESS-THAN-TRUCKLOAD RATING IN EXCEPTIONS ITEM 1840 FAILED TO REMOVE THE CLASSIFICATION RATING BASIS FOR LESS-THAN-TRUCKLOAD SHIPMENTS OF ALUMINUM TANKS.

OUR DECISION OF JANUARY 18, 1968, B-161553 (COPY ENCLOSED FOR READY REFERENCE), TO LOS ANGELES-SEATTLE MOTOR EXPRESS, INC., EXPLAINS WHY WE TAKE THE POSITION THAT THE CLASSIFICATION LESS-THAN-TRUCKLOAD RATING IS APPLICABLE IN SITUATIONS COMPARABLE TO THOSE HERE INVOLVED. THE REASONING SET FORTH IN THAT DECISION IS EQUALLY APPLICABLE TO THE PRESENT SHIPMENTS.

ACCORDINGLY, OUR SETTLEMENTS WHICH ALLOWED $11.66 OF A TOTAL OF $1,893.58 CLAIMED ARE SUSTAINED.