DOCKET OCTOBER 2009

Transcription

1 DOCKET OCTOBER 2009 A public meeting on National Motor Freight Classification provisions will be held on October 19, 2009 at: Crowne Plaza Hotel Old Town Alexandria 901 North Fairfax Street Alexandria, Virginia ISSUED: September 3, 2009

2 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET On Monday, October 19, 2009, the Commodity Classification Standards Board (CCSB) will conduct a public meeting to consider proposals for amending the National Motor Freight Classification (NMFC). The meeting will be held at the Crowne Plaza Hotel Old Town Alexandria, 901 North Fairfax Street, Alexandria, Virginia 22314, commencing at 1:00 pm. Section I of this docket provides the CCSB analyses for the proposed amendments that will be considered at the meeting. Each analysis includes the full text of the proposal, the staff contact and the identity of the proponent. The symbol indicates a proposed classification change. The symbol indicates that the commodities may be subject to Federal regulations concerning the shipping of hazardous materials. The symbol indicates a registered trade name or registered trademark. The symbol indicates a trademark. Section II of this docket provides notice of a discussion subject relating to the NMFC that the CCSB will consider at the meeting. Section III of this docket provides notice of classification changes made necessary by law, by order of a regulatory body or for clarification. Public Docket Files Supporting data and other relevant information pertaining to each proposal in Section I herein, including how to contact the proponent, are contained in a Public Docket File. The public files are available online without charge at They are organized by docket and subject numbers, and each file is indexed for ease of reference. Interested persons who do not have Internet access can obtain the public docket file for a particular proposal from the staff contact, subject to a charge for copying and transmitting the document(s) requested. Commodity Classification Standards Board ccsb@nmfta.org Chairman Joel L. Ringer Member Member Member George M. Beck William F. Mascaro Donald A. Newell Member/Packaging Consultant Erin N. Topper Counsel John R. Bagileo Member Lisa K. Winter Page i

3 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET The Commodity Classification Standards Board invites all interested persons to participate in the classification process. Anyone having an interest in a proposal listed in Section I of this docket is welcome to attend the meeting and/or submit a statement relating to the transportation characteristics of the product(s) involved or relevant to packaging materials or methods in connection with proposed packaging amendments. Statements should include any underlying studies, supporting data and other pertinent information. Written submissions will be included in the respective public docket file. Decisions on docketed proposals will be based on the information contained in the public docket file. Any person may become a Party of Record to a docketed proposal by submitting a written request prior to the meeting. The proponent(s) of a proposal and anyone who attends the meeting in connection with a proposal or submits a written statement prior to the meeting will be registered as a party of record to that proposal. Parties of record to a docketed proposal will receive a disposition of the proposal and will be entitled to seek reconsideration or arbitration should they disagree with that disposition. (One does not have to be a party of record to request reconsideration.) Amendments to the National Motor Freight Classification resulting from the proposals listed in Section I of this docket will be published in a supplement to the NMFC, unless reconsideration is granted or arbitration is sought in accordance with the CCSB s rules. The supplement is scheduled to be issued on December 10, 2009, with an effective date of January 9, The CCSB also invites anyone having an interest in the discussion subject noticed in Section II of this docket to attend the meeting and/or submit a statement. Our address is: Commodity Classification Standards Board, 1001 North Fairfax Street, Suite 600, Alexandria, Virginia 22314, and our fax number is: Written statements may also be ed to the staff contact involved. To schedule an appearance at the meeting, or if you require further information, please get in touch with the staff contact. Anyone requesting assistance in accordance with the Americans with Disabilities Act will be accommodated. Future CCSB Dockets Docket Docket Docket Closing Date December 3, 2009 April 1, 2010 Docket Issue Date December 23, 2009 April 22, 2010 CCSB Meeting Date February 9, 2010 June 7, 2010 Dates are as currently scheduled and subject to change. For up-to-date information, go to Page ii

4 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET INDEX OF SUBJECTS (PROPOSALS) DESCRIPTION SUBJECT DESCRIPTION SUBJECT A Athletic Goods... 7 Attachments, lifting and loading, waste management vehicle... 9 B Basketball Nets... 7 Bicycle Carts or Trailers, child or baby carrying Boots... 2 C Carpet Cleaners or Extractors... 5 Carriages, child or baby carrying D Dinners, taco or tostada Doilies, paper Doors, with metal or wood frames and rigid facings Drums, shipping, sheet steel, used F Facial Tissues, paper Floor Polishers or Scrubbers... 5 Footwear... 2 G Glassware, NOI... 1 Grabber Arms, waste management vehicle... 9 H Handkerchiefs, paper I Item (Note) 79022, Numbered Packages Item (Rule) 180, Performance Testing of Shipping Containers Item (Rule) 181, Furniture Package Performance Testing Items 42900, 44050, 44565, 45440, 45670, 45780, 45950, 46590, 64460, 91120, and References to Item Items (Notes) 79024, 79025, 79027, and Packaging Items (Notes) 80868, 80872, and Packaging Items (Rules) and 680, Numbered Packages K Kegs, shipping, sheet steel, used L Ladders, fiberglass Packaging... 6 Lighters... 3 M Materials Required to Bear a Secondary or Tertiary 6.1 Poison or Toxic Label... 4 N Napkins or Neck Strips, paper Nets, basketball... 7 P Packages 3000S, 3001S, 3002S, 3003S, 3004S and 3005S Packages 3006S, 3007S, 3008S, 3009S and 3010S Packaging Exceptions Contingent on Weight Packaging Fiberglass Ladders... 6 Packaging Furniture Package Performance Testing Packaging Items (Notes) 79024, 79025, 79027, and Packaging Items (Notes) 80868, 80872, and Packaging Numbered Packages Authorization and Certification Packaging Numbered Packages, various... 12, 21, 22, 25, 26 Page iii

5 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET INDEX OF SUBJECTS (PROPOSALS) DESCRIPTION SUBJECT DESCRIPTION SUBJECT Packaging Performance Testing of Shipping Containers Paper Goods or Articles, NOI Partitions, shower bath, toilet or urinal stall Placemats, paper Plastic Articles... 8 Poisonous Materials... 4 R Racks, baggage or luggage References to Item Items 42900, 44050, 44565, 45440, 45670, 45780, 45950, 46590, 64460, 91120, and Rubber Articles... 8 S Shells, taco Shoes or Slippers... 2 Sporting Goods... 7 Stall Partitions, shower bath, toilet or urinal Stands, baggage or luggage Strollers, child or baby carrying Sunglasses, other than vision-corrective T Tablecloths, paper Taco Shells or Taco Dinners Tissues, facial, paper Tortillas Toxic Materials... 4 U Upholstery Cleaners or Extractors... 5 W Windows Page iv

6 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET

7 SUBJECT 1 Re: Glassware, NOI Staff Contact: William F. Mascaro Telephone (703) mascaro@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class GLASSWARE GROUP: subject to item Glassware, NOI, see Notes, items 88142, 88143, and 88156, in boxes, drums or Packages 183, 213, 1346 or 2089: Sub 1 Released to a value not exceeding 90 cents per pound Sub 2 Released to a value exceeding 90 cents per pound but not exceeding $3.80 per pound Sub 3 Released to a value exceeding $3.80 per pound but not exceeding $5.00 per pound Sub 4 Released to a value exceeding $5.00 per pound but not exceeding $9.50 per pound Sub 5 Released to a value exceeding $9.50 per pound but not exceeding Sub 6 $12.65 per pound Released to a value exceeding $12.65 per pound but not exceeding $19.00 per pound NOTE The released value must be entered on the shipping order and bill of lading in the following form: The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding per pound. (Classes herein based on released value have been authorized by the Interstate Commerce Commission in Released Rates Order No. MC-607 of April 15, 1965, as amended March 5, 1974 and December 12, 1979, subject to complaint or suspension.) (See elsewhere in this Classification for intrastate authorities.) NOTE If the shipper declines or fails to declare the value or agree to a released value in writing the shipment will not be accepted, but if the shipment is inadvertently accepted, charges will initially be assessed on basis of the class for the highest valuation provided. Upon proof of lower actual value, freight charges will be adjusted to the basis of the class or rate applicable in connection with such actual value. In no instance will carriers liability exceed the highest value for which classes are provided. Subject 1, Page 1 of 7

8 SUBJECT 1 Present Classification Provisions Concluded Item Description Class GLASSWARE GROUP: subject to item Glassware, NOI, see Notes, items and 88172, in boxes or Packages 183, 1346 or 2089, see Note, item 88156: Sub 1 Actual value not exceeding 90 cents per pound, see Note, item Sub 2 Actual value exceeding 90 cents per pound but not exceeding $3.80 per pound, see Note, item Sub 3 Actual value exceeding $3.80 per pound but not exceeding $5.00 per Sub 4 pound, see Note, item Actual value exceeding $5.00 per pound but not exceeding $9.50 per pound, see Note, item Sub 5 Actual value exceeding $9.50 per pound but not exceeding $12.65 per pound, see Note, item Sub 6 Actual value exceeding $12.65 per pound but not exceeding $19.00 per pound, see Note, item Sub 7 Except as provided in item 88172, if actual value exceeds $19.00 per pound or if shipper fails to certify actual value at time of shipment, item will apply NOTE Shipper must certify on shipping orders and bills of lading at time of shipment the actual value per pound of the property or the value group embracing the actual value per pound of the property, including any authorized accompanying articles in the same shipping container NOTE With or without metal or plastic attached fixtures or trim and without any accompanying articles, or with accompanying articles named below when in same shipping container: One tray, other than gold or silver or other than gold or silver plated, for each retail unit of sale. Tongs, knives, forks, spoons, stirrers or sippers, other than gold or silver or other than gold or silver plated, or paper napkins, not exceeding 10 percent of the gross weight of each shipping container. Candles, serving baskets, carriers or holders, or metal holders, stands or dispensers for table use, not in excess of number required to equip each retail unit of sale NOTE Beer mugs or tumblers, NOI, other than cut glass, may be shipped in crates NOTE Glassware, NOI, actual value exceeding $12.65 per pound, not exceeding 5 percent of the gross weight of the package in which shipped, may be included in the same package at classes applicable to Glassware, NOI, actual value exceeding $9.50 per pound but not exceeding $12.65 per pound. Subject 1, Page 2 of 7

9 SUBJECT 1 Proposed Classification Provisions Item Description Class GLASSWARE GROUP: subject to item Glassware, NOI, etc.... Cancel; see item A-NEW NOTE Cancel; no further application NOTE Cancel; no further application Glassware, NOI, etc... Cancel; see item A-NEW NOTE Cancel; no further application NOTE Cancel; no further application NOTE Cancel; no further application NOTE Cancel; no further application. A-NEW Glassware, NOI, with or without components or trim of other materials, in boxes or Packages 183, 213, 1346 or 2089, released to a value not exceeding $19.00 per pound, see Note, item B-NEW, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater B-NEW NOTE Unless otherwise provided in individual participating carriers tariffs, glassware moving under the provisions of item A-NEW shall only be accepted subject to a maximum liability of $19.00 per pound. If shipper fails to declare a value, or declares a value in excess of $19.00 per pound, shipment will not be accepted, but if the shipment is inadvertently accepted, it will be considered as being released to a value not exceeding $19.00 per pound and the shipment will move subject to such limitation of liability. In no instance will carriers liability exceed the actual value of the glassware lost or damaged. Analysis This proposal is based on a continuation of Research Project 1055, which was initiated in August 2006 to review the provisions of items and involving Glassware, NOI. It was questioned whether advancements in packaging had improved to the level where incidents of damage were not as frequent as they once were. A concern was also expressed that while Subject 1, Page 3 of 7

10 SUBJECT 1 incidents of damage had decreased, the improvements in packaging may also have resulted in a decrease in the density of these articles as packaged for shipment. Over 200 potential manufacturers of glass and glassware listed in the Thomas Register of American Manufacturers were identified and contacted in February and again in June of 2007, inviting them to participate in the research. Three trade associations were also identified and contacted. From this sampling, six questionnaires were received, but only one provided usable information. The members of the National Motor Carrier Weighing and Research Association were also contacted and asked to supply information. Additional data regarding the transportation characteristics of glassware was obtained from the CCSB s Density Study and dock surveys. In an attempt to develop up-to-date claims data, the Classification Resource Committee was also contacted and asked to provide claims data on shipments of glassware moving under the provisions of items and Provisions for Glassware, NOI, based on actual value, as currently provided in item 88150, have been part of the NMFC since its inception in Over the years these provisions have been refined by adding classes for additional value breaks and by adjustments to the values to reflect the impact of inflation. Changes have also been made to update the packaging requirements. Sub 7 of item stipulates that if the actual value exceeds $19.00 per pound or if the shipper fails to certify the actual value at the time of shipment, the released value provisions of item will apply. The released value provisions of item were established as a result of action taken on Docket 110, Subject 33 (September 1963) and first appeared in Supplement 7 to NMFC A-8, effective September 7, 1965 as authorized by the former Interstate Commerce Commission in Released Rates Order No. MC-607 of April 15, The current value limitations were established as a result of action taken on Docket 806, Subject 9 (September 1980) to reflect the effects of inflation as measured by the change in the Producer Price Index and first appeared in Supplement 4 to NMF 100-H, effective June 20, Historical information gleaned from the CCSB s files further shows that the released value provisions of item were an attempt to address shipper concerns over the implementation of actual value provisions. File references show that many shipper interests were concerned with the administrative burden imposed by determining the actual value of the multitude of different types of glassware, especially mixed shipments of different types of glassware. It was felt that released value provisions would be less onerous than actual value provisions, even though recovery for loss or damage would be limited. The released value provisions of item and the actual value provisions of item are separate and distinct Classification entries. Currently, the shipper has the option to select either the released value provision, whereby they may avail themselves of a lower class in exchange for limiting the carrier s liability, or they may invoke the actual value provision, which provides no limitation of the carrier s liability. It should be noted, however, that the application of item is limited to glassware having a value of $19.00 or less per pound. Both provisions require the shipper to take some form of action to state to the carrier which provision they wish to use. This is accomplished by means of Notes applicable to items and that require the shipper, at the time of shipment, to either certify the actual value, if Subject 1, Page 4 of 7

11 SUBJECT 1 item is to be utilized, or release the value of the property in accordance with the provisions of item Subject 8 of Docket (February 2009) was a proposal that sought to cancel the released value provisions for glassware in item and the actual value provisions of item 88150, with reference to a new item that would provide classes based on the CCSB s extended 11-subprovision density scale. During the public meeting on February 3, 2009, several interested parties spoke in opposition to the removal of the released value provisions and asked that the CCSB conduct further research. Based on the discussion, and an expressed willingness by those parties to work with the CCSB and provide information on the transportation characteristics of glassware, the CCSB voted to withdraw the proposal and conduct further research. Towards that end, the CRC was contacted in March of 2009 and asked to provide information on the transportation characteristics of glassware, including their experience with respect to loss and damage claims. Of the responses received, none indicated any unusual or significant claims problems or other liability considerations. In addition to the CRC, the CCSB also contacted 27 carrier claims personnel and asked them to provide information regarding their claims experience with glassware moving under the provisions of items and Again, none of the responses received indicated an unusual or significant claims problem. Transportation Characteristics Density Overall, the information of record from all available sources reveals a range in density from 0.17 to pcf, with a simple average density of pcf, based on a sampling of 29,342 density observations. Subject 1, Page 5 of 7

12 SUBJECT 1 As depicted in the chart, the known density figures are distributed throughout the range, with the greatest concentration (19.88%) of figures in the 6 but less than 8 pcf density grouping. It is also noted that while the overall average density is pcf, approximately 55% of the known figures are less than 10 pcf. This indicates that the average density may not be reflective of the overall density range. Handling The information of record reveals that glassware is tendered for shipment in fibreboard boxes that may be palletized for shipment. Boxes are generally marked to indicate that they contain glassware, and depending upon the specific nature of the glassware packed therein, may provide precautionary markings and specific handling instructions. Shipments of glassware, by their nature, carry a certain element of fragility and, therefore, may require additional care and attention when handling. Stowability Shipments of glassware tendered in individual boxes would require some additional attention when stowing the boxes in the trailer to ensure that they are adequately braced to prevent excessive movement or the potential to fall. Palletized shipments of glassware will generally require floor loading due to their weight, and heavy freight should not be loaded on top. Liability Glassware is not perishable, prone to spontaneous combustion or explosion, nor likely to damage other freight. Information of record developed through Research Project 1055 indicates values ranging from $0.41 to $91.67 per pound, with a simple average value of $31.70 per pound. While there is a certain degree of fragility associated with glassware in general, no shipper-supplied data was developed with respect to claims. In an attempt to develop claims data, the CRC and several motor carrier claims departments were contacted and asked to provide claims data involving items and The information submitted did not indicate an unusual or significant claims problem. While no information was developed with respect to claims that would indicate a significant or unusual claims problem, glassware may be more susceptible to damage than other types of general freight. This potential has long been recognized in the NMFC through more stringent packaging specifications for glassware. For instance, while Item (Rule) 222 provides general specifications for corrugated or solid fibreboard boxes, Item (Rule) details enhanced specifications for fibreboard boxes used to ship glassware, articles in glass or earthenware or fragile articles, that include different weight limits and inner packing requirements. According to the CCSB s Packaging Consultant, improvements in packaging materials have significantly impacted the transportability of glassware. Historically, glassware was packaged in wooden boxes or crates and protected by loose packaging materials, such as excelsior, or wrapped in paper. Over time, however, with the development of fibreboard boxes and interior packaging forms configured for the particular product, the potential for damage has been significantly reduced. Fibreboard boxes, especially corrugated boxes, provide more cushioning than wooden boxes or crates, while interior packaging forms generally prevent the products from contacting each other and also protect them from external conditions, such as shock and vibration. These advances, combined with improvements in the general manufacture of glassware, may have contributed to a reduction in damage from shipping. Subject 1, Page 6 of 7

13 SUBJECT 1 Relationship to CCSB Policies and Guidelines Research has been conducted into the transportation characteristics of glassware as named in items and It has been suggested that advances in packaging have led to a decrease, not only in the frequency of claims for damage, but also in the density of glassware shipments. CCSB policy calls for classification provisions to be as clear as possible to help preclude the potential for interpretation disputes. Currently, item provides released value classes for glassware, while item provides classes based on actual value. Information in the CCSB s files indicates that the distinction between these two provisions is frequently confused, with both shippers and carriers failing to understand the distinction between released value and actual value. CCSB policy further calls for classification provisions to reflect a commodity s known transportation characteristics. Information of record developed through Research Project 1055 indicates that glassware moving under the provisions of items and exhibits a wide range in density, from 0.17 to pcf. Glassware may also exhibit higher values than other general commodities. Research has found that glassware exhibits a range in values from $0.41 to $91.67 per pound, with a simple average value of $31.70 per pound. Glassware may be inherently more fragile than other general commodities, and as such, may present additional handling and stowing considerations, but no unusual or significant problems were identified. The absence of unusual or significant negative handling, stowing and liability problems with respect to glassware may be the result of the more stringent packaging requirements set forth in Item (Rule) 222-2, which provides enhanced specifications for fibreboard boxes used to ship glassware, articles in glass or earthenware or fragile articles, that include different weight limits and inner packing requirements. This may also be the result of general advances in packaging materials, as explained by the CCSB s Packaging Consultant, and improvements in the manufacture of glassware. In view of the information of record, it would be in keeping with CCSB policy to cancel the released value provisions of item and the actual value provisions of item with reference to a new item providing classes for glassware based on the CCSB s expanded 11 subprovision density scale, subject to the currently applicable maximum liability limit associated with glassware of $19.00 per pound, as proposed. In addition, it would be in keeping with CCSB clarification policy to cancel Notes, items 88142, 88143, 88152, 88154, and with no further application, as proposed. Such a change would address the interpretation questions arising from the application of the current released and actual value provisions. It would also address the identified wide density range associated with glassware while preserving the currently applicable maximum liability associated with glassware of $19.00 per pound. This would provide, to some extent, a recognition of the potential risk associated with transporting glassware, especially high value glassware. Accordingly, this proposal, as docketed, is in keeping with CCSB policy. Subject 1, Page 7 of 7

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15 SUBJECT 2 Re: Footwear Staff Contact: William F. Mascaro Telephone (703) mascaro@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class BOOT GROUP: subject to item Boots, NOI; Footwear, NOI, other than hosiery; Shoes, NOI; or Slippers; see Note, item 28161, in boxes NOTE Does not apply on articles made entirely from cellular, expanded or foam plastic. For provisions applicable to articles made entirely from cellular, expanded or foam plastic, see item , Plastic or Rubber Articles, expanded, NOI Boots or Shoes, wooden or leather with wooden soles, in packages Proposed Classification Provisions Item Description Class BOOT GROUP: subject to item Boots, NOI; Footwear, NOI, other than hosiery; Shoes, NOI; or Slippers; in boxes NOTE Cancel; no further application Boots or Shoes, wooden or leather with wooden soles, etc... Cancel; see item Analysis Subject 3 of Docket (October 2007) was a proposal to renumber and amend the Note applicable to item 28160, which specifies that the provisions of item do not apply on articles made entirely from cellular, expanded or foam plastic, by providing further clarification stipulating that the provisions of item , naming Plastic or Rubber Articles, expanded, NOI, apply. The proposal was approved as docketed and the change first appeared in Supplement 5 to NMF 100-AG, effective December 22, Following consideration of the proposal, Research Project 1069 was initiated to investigate the transportation characteristics of plastic footwear. The scope of the project was subsequently broadened by the Commodity Classification Standards Board (CCSB) to incorporate all types of boots, footwear, shoes or slippers regardless of their material consist. Research Project 1069 has been completed and this proposal is based on the information developed. Subject 2, Page 1 of 4

16 SUBJECT 2 The provisions of items and were adopted from the rail classification in 1936 at a rating equivalent to class 100. While item has remained substantially unchanged to the present, the class 92.5 applicable to item first appeared in NMFC A-1, effective July 10, This change is presumed to have been made to be rail competitive. While class 100 has been applicable to the general provisions for footwear, NOI, for 73 years, there have been numerous proposals to amend the provisions of item Prior to the change resulting from Docket , Subject 3 cited above, the most recent action involved Docket 918, Subject 6 (December 1991). That was a proposal to provide for Footwear, viz.: Boots, NOI; Footwear, NOI, other than hosiery; Shoes, NOI; Slippers, with classes based on the standard nine-subprovision density scale ranging from class 400 for densities of less than one pcf to class 70 for densities of 15 pcf or greater. Information from that record showed an overall range in density from 1.62 to pcf, with a simple average density of 8.30 pcf. No significant or unusual handling, stowability or liability considerations were noted. The record further noted that approximately 69% of the density observations were below the 9 pcf minimum average density generally associated with class 100. The proposal was initially approved as docketed. The disposition was appealed, however, and on appeal the proposal was approved as modified. As a result, the description of item was changed and the class 100 was maintained in lieu of the previously approved classes based on density. These changes first appeared in Supplement 8 to NMF 100-R, which became effective on April 11, Note, item (originally Note, item 28202), was added to item as a result of action taken on Docket 108, Subject 83 (March-April 1963) and first appeared in Supplement 1 to NMFC A-7, effective September 18, During the course of Project 1069, a total of 288 possible shippers of footwear were contacted in October of 2008 and again in January of 2009 and invited to participate in the research. From this sampling, 10 companies provided at least some information, 16 responded that they did not manufacture or ship footwear and 46 surveys were returned as undeliverable. At the same time, 19 trade associations were contacted and asked if they or their members would like to participate in the research. One association survey was returned as undeliverable and no response was received from the remaining 18 associations. A consultant who was involved in the most recent amendment to item was also contacted; however, he no longer represents the footwear industry. Additional information was developed through carrier-submitted Shipment Information Forms, the CCSB Density Study and CCSB member dock surveys. Transportation Characteristics Density Overall, the information of record from all sources encompasses 21,662 density observations and reveals a range in density from 1.00 to pcf, with a simple average density of 6.28 pcf. When evaluated on the basis of the current provisions, information on footwear moving under item shows a range from 1.00 to pcf, with an average density of 6.28 pcf, while footwear moving under item ranges from 2.73 to 7.58 pcf, with an average density of 5.12 pcf. Subject 2, Page 2 of 4

17 SUBJECT 2 An analysis of the density characteristic of individual types of footwear such as boots, shoes, slippers, sandals, etc., was not attempted as many of the reports involved mixed shipments of different styles, types and materials of footwear. The graph below depicts the distribution of all available data for items and As shown in the above graph, 43.95% of the density observations are between 4 and 6 pcf and approximately 78% of the figures are between 4 and 8 pcf. This not only shows that the density observations are clustered in the lower end of the range, but that the identified average density of 6.28 pcf is reflective of the overall density range. Handling Footwear is generally tendered in fibreboard boxes that may be palletized for shipment. While individual boxes can require additional time while handling, there is no indication of any unusual handling considerations. Stowability There is no indication of any unusual stowing considerations, although heavy freight should not be loaded on top of footwear to prevent damage due to crushing. Liability There is no indication that any of the factors that comprise the liability transportation characteristic would present any unusual or significant considerations. Footwear is not perishable, prone to spontaneous combustion or explosion, likely to damage other freight, prone to damage, or unusually susceptible to theft. Information developed on value per pound, which provides a measure of the risks assumed by the carrier in transporting a commodity, ranges from $0.32 to $55.15 per pound, with a simple average value of $27.96 per pound. A survey of motor carrier claims professionals did not indicate a claims problem. Subject 2, Page 3 of 4

18 SUBJECT 2 Relationship to CCSB Policies and Guidelines Information of record developed through Research Project 1069 indicates that footwear has an overall range in density from 1.00 to pcf, with a simple average density of 6.28 pcf. Research also did not identify any unusual or significant negative handling, stowability or liability considerations with respect to footwear. This indicates that density is the controlling transportation characteristic. CCSB policy calls for classification provisions to reflect a commodity s known transportation characteristics. Item for footwear, NOI, currently provides a class 100. CCSB guidelines for class 100 call for a minimum average density of 9 pcf. Item 28220, applying on wooden shoes or leather shoes with wooden soles, currently provides a class CCSB guidelines for class 92.5 call for a minimum average density of 10.5 pcf. By comparison, under CCSB guidelines, an average density of 6.28 pcf is generally associated with the proposed class 150, which calls for a minimum average density of 6 pcf. CCSB policy also calls for classification provisions to be as clear as possible to help preclude interpretation disputes. Note, item currently restricts the application of item to footwear other than when made entirely of cellular, expanded or foam plastic. This restriction has been the source of interpretative inquires over the application of the Note to different types of footwear, especially footwear that is primarily, but not exclusively, made of cellular, expanded or foam plastic, such as flip flops. Cancelling Note, item with no further application, as proposed, would allow the provisions of item to apply on all types of footwear regardless of the material consist. This is in keeping with CCSB clarification policy. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and guidelines. Subject 2, Page 4 of 4

19 SUBJECT 3 Re: Lighters Staff Contact: Lisa K. Winter Telephone (703) winter@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class Lighters, cigar, cigarette or pipe, NOI, in boxes or drums: Sub 1 Released to a value not exceeding 50 cents each, see Note, item Sub 2 Not released as to value NOTE The released value must be entered on the shipping order and bill of lading in the following form: "The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding 50 cents per lighter." (Classes herein based on released value have been authorized by the Interstate Commerce Commission in Released Rates Order No. MC-560 of February 10, 1964, as amended May 15, 1964 and January 14, 1980, subject to complaint or suspension.)(see elsewhere in this Classification for intrastate authorities.) Lighters, multipurpose or utility, stem or nozzle type, in boxes, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 10 or greater Proposed Classification Provisions Item Description Class Lighters, see Note, item NEW, viz.: Lighters, cigar, cigarette or pipe, NOI; Lighters, multipurpose or utility, stem or nozzle type; In boxes, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 10 or greater NEW NOTE Applies on lighters whether or not containing the necessary fuel NOTE Cancel; no further application Lighters, multipurpose or utility, stem or nozzle type, etc... Cancel; see item Subject 3, Page 1 of 5

20 SUBJECT 3 Analysis This proposal was generated from information derived in conjunction with Research Project 864. That research project was initiated after the disapproval of Subject 20 of Docket (May, 2001), which was a shipper proposal to amend item by reducing the class from 200 to 70 when cigar, cigarette or pipe lighters are not released as to value. The proposal was disapproved in part because of the Surface Transportation Board s (STB s) interpretation of the Motor Carrier Act of 1980, which prohibited collective action involving released value classifications. Approval of the proposal would have resulted in a higher class being assigned to lighters released to a value not exceeding 50 cents each than to lighters not released as to value; an anomaly that would have affected the application of the released value provision, in violation of the STB s prohibition. However, since the STB s decision served on May 7, 2007, terminating its approval of the Agreement of the former National Classification Committee, and thus removing its antitrust immunity, the NMFC provisions are no longer made collectively by motor carriers and, therefore, are no longer subject to such prohibition. On April 8, 2008 and July 31, 2008 fifty-eight potential manufacturers or shippers and the Lighter Association were contacted and asked to provide information on the transportation characteristics of cigar, cigarette or pipe lighters. Information was received from two manufacturers of lighters. That data was combined with information provided by the proponent of Subject 20 of Docket and that derived from the density study. In total, 193 density data points were gathered. Additional information pertaining to the transportation characteristics of stowability, handling and liability was obtained from U.S. Department of Transportation (DOT) hazardous materials incident reports. The provisions for cigar lighters were adopted from the rails in 1936 at the equivalent of a class 100. The present provisions for cigar, cigarette or pipe lighters are a result of action taken on Subject 23 of Docket 107 (January, 1963). This was a proposal to amend the actual value provisions that were in effect at the time by establishing class 100 for lighters not exceeding $2.25 each, class 150 for lighters exceeding $2.25 but not exceeding $5.00 each and class 200 for lighters exceeding $5.00 each. Values of lighters ranged from $3.31 to $26.00 per pound and $1.44 to $12.16 each (in 1963 dollars). The proposal was initially approved as docketed. Reconsideration was requested and the proposal was then approved with modifications. Instead of the proposed provisions, class 100 was assigned to lighters released to a value not exceeding $0.50 each, and class 200 was assigned to lighters released to a value exceeding $0.50 but not exceeding $5.00 each. The second disposition was appealed to the former National Classification Committee. As a result of additional facts presented at the appeal hearing, the current released value provisions were approved. The changes first appeared in Supplement 10 to NMFC A-7, effective July 2, Cigar, cigarette or pipe lighters vary from the disposable plastic variety that are sold for around $1.00, to those that are refillable and made from precious metals or other materials that retail for well over $1, Examples of the different types of cigar, cigarette or pipe lighters on the market are shown on the following page. Subject 3, Page 2 of 5

21 SUBJECT 3 Disposable Plastic Cigarette Lighter Pipe Lighter Refillable Metal Lighter Lighters containing lighter fuel are regulated by the DOT as Flammable Gas in Hazard Class 2.1 or Flammable Liquid in Hazard Class 3. The pertinent regulatory information is shown in the table below. Hazardous Materials Descriptions and Proper Shipping Names Hazard Class or Division Identification Numbers Packing Group Label Codes Lighters containing flammable gas 2.1 UN Lighters, non-pressurized, containing flammable liquid 3 NA1057 II 3 However, when lighters containing lighter fuel are shipped in quantities of 1,500 or less, these regulations do not apply. In this regard, Title 49 CFR , Paragraph (e) states: [f]or highway transportation by common or contract carrier, when no more than 1,500 lighters covered by this section are transported in one motor vehicle, the requirements of subparts C through H of part 172, and Part 177 of this subchapter do not apply. Lighters transported in accordance with this paragraph are also excepted from the specification packaging, shipping paper, and marking requirements specified in (c) and (d). TRANSPORTATION CHARACTERISTICS DENSITY: Cigar, cigarette and pipe lighters have a density range from 2.23 to pcf and have a density average of pcf. As can be seen in the frequency distribution of densities below, there are two distinct density groupings with a natural break in figures at 10 pcf. Density Frequency Distribution of Lighters % of Figures in Interval 25% 20% 15% 10% 5% 0% 0% 0% 2% 13% 17% 16% 7% 20% 18% 5% 3% Density Intervals (pcf) Subject 3, Page 3 of 5

22 SUBJECT 3 When the data is sorted into two intervals with a break at 10 pcf, the following average densities and percentages emerge: Density Interval (pcf) Average Density (pcf) % of Figures in Interval Less than or greater STOWABILITY: Lighters are shipped in fibreboard boxes, which may be unitized for shipment. Some extra care is necessary when stowing lighters containing lighter fuel. DOT hazardous materials incident reports indicate that lighters have been punctured or crushed by adjacent freight. In two instances, the pallet load of lighters tipped, causing the lighters to leak. However, it should be noted that there have been only 19 reported incidents involving cigarette lighters in the past ten years in the less-than-truckload environment. HANDLING: As with the characteristic of stowability, cigar, cigarette or pipe lighters containing lighter fuel require some added care or attention in handling. DOT hazardous materials incident reports indicate that on occasion boxes of lighters with lighter fuel have been dropped during loading or unloading, resulting in a leak. Otherwise, the involved lighters should not pose any significant or unusual problems in handling. LIABILITY: Lighters may be damaged by freight with which stowed, and if the lighters leak, they may cause damage to other freight. They are not subject to spontaneous combustion or explosion, though the lighters containing lighter fuel are flammable, and are regulated by the DOT as such when shipped in quantities of over 1,500. While no claims information is available, damages reported from hazardous materials incidents involving cigar, cigarette or pipe lighters total $268, for a ten-year period. The average value per pound is $3.12. Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to reflect a commodity s transportation characteristics. The current provisions of item are predicated on released value. As indicated, the STB s interpretation of the Motor Carrier Act of 1980 prohibited collective action involving released value classifications. However, since the STB s decision served on May 7, 2007, terminating its approval of the Agreement of the National Classification Committee, and thus removing its antitrust immunity, the NMFC provisions are no longer made collectively by motor carriers and, therefore, are no longer subject to such prohibition. Cigar, cigarette and pipe lighters have a wide density range with two distinct groupings those less than 10 pcf and those 10 pcf or greater. The table below shows the average densities and the corresponding CCSB density guideline classes when evaluated on this basis. Density Interval (pcf) Average Density (pcf) Guideline Class Less than or greater While lighters containing lighter fuel pose some added stowing, handling and liability issues, there is no evidence of unusual or significant problems. Subject 3, Page 4 of 5

23 SUBJECT 3 Coincidentally, as a result of action taken on Subject 2 of Docket (November, 2005), similar commodities, i.e., multipurpose or utility lighters, stem or nozzle type, per item , were assigned class 125 for those lighters with densities less than 10 pcf and class 70 for lighters with densities 10 pcf or greater. Information of record shows that the multipurpose or utility lighters with densities less than 10 pcf had an average density of 7.09 pcf. The multipurpose or utility lighters with densities 10 pcf or greater had an average density of pcf. The provisions of item first appeared in Supplement 1 to NMF 100-AF, effective January 28, This proposal, as docketed, is in keeping with CCSB policies and guidelines. It is also consistent with classification precedent. Subject 3, Page 5 of 5

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25 SUBJECT 4 Re: Materials Required to Bear a Secondary or Tertiary 6.1 Poison or Toxic Label Staff Contact: Lisa K. Winter Telephone (703) winter@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CHEMICALS GROUP: see Notes, items and NOTE Commodities listed under this generic heading when tendered for shipment in Package 2452 are to be classified under the same provisions that apply when tendered to the carrier in boxes NOTE Materials classed in the U.S. Department of Transportation regulations as a gas that is poisonous by inhalation or that is required to bear a 'POISON GAS' or 'TOXIC GAS' label under such regulations are not subject to the provisions of this grouping. Such materials are subject to the provisions of item Corrosive Materials, as defined in 49 CFR and required to bear a notice to that effect on bills of lading and packaging: Sub 1 In totes, drums, pails on skids, or in inner containers in boxes: Sub 2 In Packing Group I Sub 3 In Packing Group II Sub 4 In Packing Group III Sub 5 In packages other than as set forth in sub 1: Sub 6 In Packing Group I Sub 7 In Packing Group II Sub 8 In Packing Group III Provisions as approved on Docket , Subject 13 (February, 2009) and appearing in Supplement 2 to NMF 100-AI, effective April 25, Subject 4, Page 1 of 6

26 SUBJECT 4 Present Classification Provisions Concluded Item Description Class CHEMICALS GROUP: subject to item Poisonous or Toxic Materials, as defined in 49 CFR and required to bear a notice to that effect on bills of lading and packaging: Sub 1 In totes, drums, pails on skids, or in inner containers in boxes, having an actual value per pound not exceeding $20.00, see Note, item 45618: Sub 2 Hazard Zone A Sub 3 Other than Hazard Zone A: Sub 4 In Packing Group I or II, other than Hazard Class Sub 5 In Packing Group I or II, Hazard Class Sub 6 In Packing Group III, other than Hazard Class Sub 7 In Packing Group III, Hazard Class Sub 8 In packages other than as set forth in sub 1, or having an actual value per pound exceeding $20.00: Sub 9 Hazard Zone A Sub 10 Other than Hazard Zone A: Sub 11 In Packing Group I or II, other than Hazard Class Sub 12 In Packing Group I or II, Hazard Class Sub 13 In Packing Group III, other than Hazard Class Sub 14 In Packing Group III, Hazard Class NOTE Not Involved. GASES OR CRYOGENIC LIQUIDS GROUP: subject to item Gases, NOI, or Gas Mixtures, NOI, other than flammable or poison, see Note, item 85881; in cargo tanks or steel cylinders; or in metal containers when each package does not exceed 66 pounds gross weight... Not Involved NOTE Provisions do not apply when applicable regulations require shipping containers to bear a 'FLAMMABLE GAS,' 'POISON GAS' or 'TOXIC GAS' label. 2 Provisions as approved on Docket , Subject 4 (October, 2008) and first appearing in Supplement 4 to NMF 100-AH, effective January 10, Subject 4, Page 2 of 6

27 SUBJECT 4 Proposed Classification Provisions Item Description Class CHEMICALS GROUP: see Notes, items and NOTE No Change NOTE 1. Materials regulated by the U.S. Department of Transportation that are required to bear a 6.1 INHALATION HAZARD, 'POISON,' 'TOXIC or PG III label are subject to the provisions of item 45615, regardless of the DOT-designated Hazard Class. 2. Materials classed in the U.S. Department of Transportation regulations as a gas that is poisonous by inhalation or that is required to bear a 2.3 INHALATION HAZARD' label under such regulations are not subject to the provisions of this grouping. Such materials are subject to the provisions of item Corrosive Materials, as defined in 49 CFR and required to bear a notice to that effect on bills of lading and packaging, other than toxic, see Note, item 42604: Subs 1 8 No Change Poisonous or Toxic Materials, as defined in 49 CFR and required to bear a notice to that effect on bills of lading and packaging, see Note, item NEW: Subs 1 14 NEW No Change. NOTE Applies on materials subject to U.S. Department of Transportation regulations that are required to bear a 6.1 INHALATION HAZARD, 'POISON,' 'TOXIC or PG III label regardless of the DOT-designated Hazard Class NOTE No Change. GASES OR CRYOGENIC LIQUIDS GROUP: subject to item Gases, NOI, or Gas Mixtures, NOI, other than flammable or poison, see Note, item 85881; in cargo tanks or steel cylinders; or in metal containers when each package does not exceed 66 pounds gross weight... No Change NOTE Provisions do not apply when U.S. Department of Transportation regulations require shipping containers to bear a 2.1 'FLAMMABLE GAS' or 2.3 INHALATION HAZARD' label. Subject 4, Page 3 of 6

28 SUBJECT 4 Analysis BACKGROUND This proposal addresses an interpretation problem that has arisen as a result of recent docket action (Subject 4 of Docket ) 3, which, among other changes, removed the viz. listing from the provisions for toxic materials, per item Specifically, questions have arisen as to the applicable classification provisions for materials that are regulated by the U.S. Department of Transportation (DOT) as corrosive materials (Hazard Class 8), but are required to bear one of the 6.1 labels shown below as a secondary or tertiary label. Toxic Material That Poses an Inhalation Hazard Toxic Material That Poses an Oral or Dermal Hazard Toxic Material That Poses an Oral or Dermal Hazard (optional alternative) Toxic Material in Packing Group III An example of such a chemical is Bromine. The DOT regulations pertaining to its transportation are shown below. (The Label Code column is highlighted to show the two label requirements of 8 and 6.1.) Symbols Hazardous materials Hazard descriptions class or and proper Division shipping names Identification Numbers PG Label Codes Special provisions ( ) Exceptions (8) Packaging ( 173.***) (1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) + Bromine 8 UN1744 I 8, 6.1 1, B9, B85, N34, N43, T22, TP2, TP10, TP12, TP13 Nonbulk Bulk None As a result of action taken on Subject 21 of Docket (May, 2001), items and were established for poisonous materials. Item referred to item and listed poisonous materials that had previously been provided for in items subject to those released value provisions. Item provided for the remaining poisonous materials that had not been subject to those released value provisions. This distinction was made because the Surface Transportation Board s (STB s) interpretation of the Motor Carrier Act of 1980 prohibited collective action involving released value classifications. However, since the STB s decision served on May 7, 2007, terminating its approval of the Agreement of the former National Classification Committee (NCC), and thus removing its antitrust immunity, the NMFC provisions are no longer made collectively by motor carriers and therefore are no longer subject to such prohibition. For these reasons, as a result of action taken on Subject 4 of Docket (October, 2008), item was canceled with reference to item 45615, and concurrently item was amended by removing the reference to item Intended as a clarification and simplification change, the description of item was amended by replacing the viz. format with the current format. Subject 4, Page 4 of 6

29 SUBJECT 4 Subject 21 of Docket (May, 2001) was a proposal by the Shipper-Carrier Poisonous Materials Ad Hoc Committee to establish provisions for materials meeting the DOT regulations definition of poisonous or toxic materials, and required to bear a label to that effect on bills of lading and packages. Classes predicated on the type of packaging, value per pound, degree of hazard and consequent stowing, handling and liability factors associated with transporting the involved material were proposed. The proposal was approved as modified, and the new listings for Poisonous or Toxic Materials were established in Supplement 4 to NMF 100-AA, effective July 28, The Ad Hoc Committee intended to include in the provisions for poisonous or toxic materials all materials required to bear a 6.1 label, including those materials whose Hazard Class is not 6.1. These materials are categorized by the DOT in the following Hazard Classes: 3 (Flammable Liquid); 4.1 (Flammable Solid); 4.2 (Spontaneously Combustible); 4.3 (Dangerous When Wet); 5.1(Oxidizer); 8 (Corrosive); and 6.1 (Poison or Toxic) The inclusion of poisonous or toxic materials that are classified by the DOT in Hazard Classes other than 6.1 was in recognition of the fact that the toxic nature, more than the other hazardous traits, affects the stowing, handling and liability characteristics of the involved materials. Further, since the provisions for poisonous or toxic gases in Hazard Class 2.3 and poisonous or toxic materials in Hazard Class 6.1 were established in the NMFC, the DOT regulations pertaining to their labeling have changed. The currently required label for a Hazard Class 2.3 gas is shown below on the left. The old Hazard Class 2.3 labels are shown in the middle and on the right. Current Hazard Class 2.3 Label Old Hazard Class 2.3 Label Old Hazard Class 2.3 Label Subject 4, Page 5 of 6

30 SUBJECT 4 The STOW AWAY FROM FOODSTUFFS label for materials in Hazard Class 6.1, Packing Group III has been eliminated. Instead, a 6.1 POISON or TOXIC label is required. Alternatively, according to 49 CFR , Authorized label modifications, Paragraph (c): For a package containing a Division 6.1, Packing Group III material, the POISON label specified in may be modified to display the text PG III instead of POISON or TOXIC below the mid line of the label. The current optional PG III label and the old optional STOW AWAY FROM FOODSTUFFS label are shown below. Current Optional Hazard Class 6.1, PG III Label Old Optional Hazard Class 6.1, PG III Label Relationship to CCSB Policies and Guidelines CCSB clarification policy calls for employing language that is concise and clear as to intent. CCSB Classification updating policy calls for amending classifications for commodities that are a source, or potential source, of interpretation disputes so as to eliminate or avoid those disputes. The Shipper-Carrier Ad Hoc Committee that developed the provisions for Poisonous or Toxic Materials, per current item 45615, intended for those provisions to apply on all materials required to bear a 6.1 (Poison or Toxic) label, regardless of DOT Hazard Class designation. Since the individual viz. listings for such materials were removed from the provisions for Poisonous or Toxic Materials, as a result of action taken on Subject 4 of Docket , the CCSB has received interpretation questions as to the applicable classification provisions for materials that are in DOT Hazard Class 8 but are required to bear a secondary or tertiary 6.1 label. Amending the Chemicals Group to clearly indicate the application of item on all materials that bear a 6.1 label, regardless of their designated Hazard Class, as proposed, would be consistent with CCSB policy and precedent. Amending items 44155, Corrosive Materials, and 45615, Poisonous or Toxic Materials, to clarify their application, as proposed, would likewise be consistent with CCSB policies and precedent. Further, updating the labeling requirements in the NMFC for gases in Hazard Class 2.3 and materials in Hazard Class 6.1, Packing Group III, as proposed, would also be in keeping with CCSB policy. For these reasons, this proposal is consistent with CCSB policy. Subject 4, Page 6 of 6

31 SUBJECT 5 Re: Floor Polishers or Scrubbers, or Carpet or Upholstery Cleaners or Extractors Staff Contact: Erin N. Topper Telephone (703) topper@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item Floor Polishers or Scrubbers, or Carpet or Upholstery Cleaners or Extractors, see Note, item , wheeled or not wheeled, with or without complement of attachments or batteries, see Note, item , in boxes, crates or Package 2238 or in triplewall fibreboard containers securely fastened to lift truck pallets or skids, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 10 or greater NOTE Does not apply on steam or water cleaning outfits, such as those designed for trailer or vehicle mounting. For provisions applicable on these commodities, see item NOTE Electrical connections to batteries must be disconnected prior to shipment. Proposed Classification Provisions Item Description Class MACHINERY GROUP: subject to item Floor Polishers or Scrubbers, or Carpet or Upholstery Cleaners or Extractors, see Note, item , wheeled or not wheeled, with or without complement of attachments or batteries, see Note, item , in boxes, crates or Package 2238 or in triplewall fibreboard containers securely fastened to lift truck skids or pallets, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 6 but less than Sub 3 10 or greater NOTE No Change NOTE No Change. Subject 5, Page 1 of 5

32 SUBJECT 5 Analysis This proposal is based on information of record developed during Research Project 1086, which was established by the CCSB in July of 2008 in response to a member carrier s report of low density shipments of commodities classified under item During the project, four associations and 252 potential shippers or manufacturers of these products were sent questionnaires in August and November of From those questionnaires, information was received from eight companies, while 48 questionnaires were either returned as undeliverable or the companies were not involved. No responses were received from the associations. Additional data was submitted by participating carriers, culled from the CCSB Density Study, and obtained during CCSB dock surveys. HISTORY OF PROVISIONS The provisions for floor polishers were adopted from the rails and first appeared in LTL-1, effective April 1, 1936, at a rating equivalent to a class 100. The current provisions for item were established as a result of action taken on Subject 5 of Docket 976 (November, 1997), which was a proposal based on information developed during Research Project 681. The proposal was approved as docketed and the changes first appeared in Supplement 5 to NMF 100-X, effective February 7, ABOUT FLOOR POLISHERS OR SCRUBBERS, OR CARPET OR UPHOLSTERY CLEANERS OR EXTRACTORS Floor polishers or scrubbers and carpet or upholstery cleaners or extractors are manufactured in a wide range of sizes and types for either industrial or household use. Examples of these products are below and at the top of page 3. The photos at the bottom of page 3 depict how these products are generally tendered for shipment. FLOOR POLISHERS OR SCRUBBERS Subject 5, Page 2 of 5

33 CCSB DOCKET SUBJECT 5 CARPET OR UPHOLSTERY CLEANERS OR EXTRACTORS FLOOR POLISHERS OR SCRUBBERS, OR CARPET OR UPHOLSTERY CLEANERS OR EXTRACTORS TENDERED FOR SHIPMENT Subject 5, Page 3 of 5

34 SUBJECT 5 TRANSPORTATION CHARACTERISTICS DENSITY The density of floor polishers or scrubbers, or carpet or upholstery cleaners or extractors, was found to range from 1.35 to pcf, with an average density of 8.96 pcf based on 12,976 shipment observations culled from carriers, shippers, CCSB dock surveys and the CCSB Density Study. The graph below shows the overall frequency distribution. Frequency Distribution Percentage of Figures in Range 30% 25% 20% 15% 10% 5% 0% 0% 0% 3% 15% 30% 24% 13% 10% 5% 1% 0% Density (pcf) The frequency distribution shows a wide range in density. The table below shows the density ranges and averages when the data is evaluated based on the current density break at 10 pcf and with an additional break at 6 pcf to account for the lower density shipments. Density Group (pcf) Density Range (pcf) Density Average (pcf) Less than but less than or greater STOWABILITY & HANDLING Item currently requires these articles to be tendered in boxes, crates or Package 2238 or in triplewall fibreboard containers securely fastened to lift truck skids or pallets. When tendered for shipment in one of these complying packages, floor polishers or scrubbers, or carpet or upholstery cleaners or extractors do not pose any negative stowing or handling considerations. Subject 5, Page 4 of 5

35 SUBJECT 5 LIABILITY Floor polishers or scrubbers, or carpet or upholstery cleaners or extractors tendered for shipment in complying packages are not unusually susceptible to damage and are not prone to damage freight with which stowed. However, some carriers have reported that these products are tendered on lift truck skids or pallets with little or no protective packaging, as depicted in the photo, but these shipments do not comply with the minimum packaging requirements specified in item One shipper reported an average claims ratio of 0.83% and one member carrier reported an overall claims ratio of 1.67%, while eight member carriers indicated they have little or no claims experience with these products. Based on reported data, the average value per pound is $9.88, with a range from $3.12 to $ Relationship to CCSB Policies and Guidelines CCSB policies state that the provisions of the Classification should be amended to reflect changes in the transportation characteristics. They also state that commodities which exhibit a wide range in density not accurately reflected by a single overall average density may be assigned density-based classes, especially where there are no unusual or significant stowability, handling or liability characteristics. During the course of Research Project 1086 almost 13,000 density observations were developed on commodities classified under item Overall, the density ranges from 1.35 to pcf, with an average density of 8.96 pcf. The data was evaluated based on the current break at 10 pcf and a break at 6 pcf to address the lower density shipments. Based on the present data, the class 70 currently assigned for densities 10 pcf or greater is no longer consistent with CCSB guidelines. The table below shows the average densities of these density groups and the associated classes based on the CCSB s Density Guidelines. Density Group (pcf) Density Average (pcf) Class Based on CCSB Guidelines Less than but less than or greater A similar approach was taken on Subject 10 of Docket (November, 2006), which was a proposal to amend item 1060 for abrasive belts by adding a density break at 12 pcf to account for the range in densities and because the previously assigned single class was determined to be no longer consistent with classification guidelines. The proposal was approved as docketed and the change first appeared in Supplement 2 to NMF 100-AG, effective April 28, Based on the information of record, it would be in keeping with CCSB policies and guidelines to amend item for floor polishers or scrubbers, or carpet or upholstery cleaners or extractors by adding an additional density break and assigning the classes found in the table above, as proposed. Subject 5, Page 5 of 5

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37 SUBJECT 6 Re: Fiberglass Ladders Packaging Staff Contact: Erin N. Topper Telephone (703) topper@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class PLASTIC OR RUBBER ARTICLES, OTHER THAN EXPANDED, GROUP: subject to item Articles, viz.: Articles, NOI; [Remainder of Articles Not Involved.] In boxes, crates, drums or Packages 870, 1078, 1241, 1273, 1456, 2195, 2212, 2213, 2230 or 2459, see Note, item , subject to Items 170 and 171 and having a density in pounds per cubic foot of: Subs 1-9 Not Involved NOTE The following departures from packing requirements are permitted: Not Involved. 15. Fiberglass extension ladders must be protected at both ends with a 12-inch or longer sleeve or end cap made of fibreboard, securely fastened by tape, strapping or similar means. Stepladders must have a top cap and rail cover made of fibreboard or shrinkwrap, extending a minimum of 12 inches on the rail Not Involved NOTE Not Involved NOTE Not Involved. Subject 6, Page 1 of 3

38 SUBJECT 6 Proposed Classification Provisions Item Description Class PLASTIC OR RUBBER ARTICLES, OTHER THAN EXPANDED, GROUP: subject to item Articles, viz.: Articles, NOI; [Remainder of Articles No Change.] In boxes, crates, drums or Packages 870, 1078, 1241, 1273, 1456, 2195, 2212, 2213, 2230 or 2459, see Note, item , subject to Items 170 and 171 and having a density in pounds per cubic foot of: Subs 1-9 No Change NOTE The following departures from packing requirements are permitted: No Change. 15. Fiberglass extension ladders must be protected at both ends with a 12-inch or longer sleeve or end cap made of fibreboard, securely fastened by tape, strapping or similar means. Stepladders must have a top cap and rail cover made of fibreboard or shrink wrap, extending a minimum of 12 inches on the rail. Additionally, when shipped on lift truck skids or pallets extension ladders and stepladders must be secured on and must not overhang the lift truck skid or pallet deck No Change NOTE No Change NOTE No Change. Analysis Subject 5 of Docket (October, 2008) was a proposal based on information developed during Research Project 1065 on the packaging of various types of ladders. Part of that proposal was to add a new attendant Note requiring ladders that are tendered on lift truck skids or pallets to be secured to the skid or pallet and not overhang the decking. The proposal was approved as docketed and the provisions first appeared in Supplement 4 to NMF 100-AH and became effective on January 10, It should be noted that Research Project 1065 did not include information on fiberglass ladders, as item applies to them. However, the shape and configuration of the ladders are similar. Currently, paragraph 15 of Note, item allows fiberglass ladders or stepladders to be tendered for shipment with the ends protected by fiberboard or shrink wrap. However, it does not provide any requirement when ladders are tendered on lift truck skids or pallets. When transported on lift truck skids or pallets, ladders should be secured to the deck to prevent the load from shifting and collapsing during transportation. Subject 6, Page 2 of 3

39 SUBJECT 6 Relationship to CCSB Policies and Guidelines CCSB packaging policies state that packaging specifications should ensure freight will be adequately protected in the motor carrier environment and can be handled and stowed in a manner that is reasonably safe and practicable. Note, item provides exceptions in the packaging methods for various products that are classified under item According to paragraph 15, fiberglass ladders or stepladders are only required to have packaging on the ends or the ends and rails. As with other types of ladders, fiberglass ladders and stepladders that are tendered on lift truck skids or pallets should be secured to them, without overhang, to prevent damage. Therefore, amending paragraph 15 of Note, item to require them to be securely fastened on and not overhang the lift truck skid or pallet deck, as proposed, would be in keeping with CCSB policies and precedent. Subject 6, Page 3 of 3

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41 SUBJECT 7 Re: Athletic or Sporting Goods, including Basketball Nets Staff Contact: Lisa K. Winter Telephone (703) winter@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class ATHLETIC GOODS GROUP: subject to item Athletic or Sporting Goods, viz.: Athletic or Sporting Goods, NOI; Boards, water sports, NOI, see Notes, items and 15524; Boxes, Buckets, Cages, Canteens, Containers or Pails, live bait; Decoys, bird, NOI; Exercising or Gymnasium Apparatus or Equipment, NOI; Fishing Tackle, plastic or rubber, NOI; Floats, Rafts or Toys, water sports, NOI, see Note, item 15524; Golf Mats or Platforms, NOI, with or without tees; Playground Apparatus, NOI, see Note, item 15525; Sandboxes or Wading Pools, molded plastic; Snowboards or Snowboard Bindings; Swimming Fins, Goggles, Masks, Nose Clips or Snorkels; Weight Lifting Benches or Athletic Utility Benches, NOI; In boxes, crates or drums, see Note, item 15522, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 or greater NOTE Not Involved NOTE Not Involved NOTE Not Involved NOTE Not Involved Nets, basketball, in boxes: Sub 1 NOI Sub 2 Steel cable, with or without components of other materials Subject 7, Page 1 of 6

42 SUBJECT 7 Proposed Classification Provisions Item Description Class ATHLETIC GOODS GROUP: subject to item Athletic or Sporting Goods, viz.: Athletic or Sporting Goods, NOI; Basketball Nets; Boards, water sports, NOI, see Notes, items and 15524; Boxes, Buckets, Cages, Canteens, Containers or Pails, live bait; Decoys, bird, NOI; Exercising or Gymnasium Apparatus or Equipment, NOI; Fishing Tackle, plastic or rubber, NOI; Floats, Rafts or Toys, water sports, NOI, see Note, item 15524; Golf Mats or Platforms, NOI, with or without tees; Playground Apparatus, NOI, see Note, item 15525; Sandboxes or Wading Pools, molded plastic; Snowboards or Snowboard Bindings; Swimming Fins, Goggles, Masks, Nose Clips or Snorkels; Weight Lifting Benches or Athletic Utility Benches, NOI; In boxes, crates or drums, see Note, item 15522, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE No Change NOTE No Change NOTE No Change NOTE No Change Nets, basketball, etc... Cancel; see item Analysis BACKGROUND This proposal has its genesis in Research Project 1066, which was initiated by a former Classification Panel on June 5, 2007, after approving as docketed Subject 13 of Docket (June, 2007). Subject 13 of Docket was a shipper proposal to amend item to establish classes predicated on the material construction of basketball nets. It proposed to maintain a class 100 for nets not more specifically named elsewhere, while reducing the class Subject 7, Page 2 of 6

43 SUBJECT 7 to 70 for nets made of steel cable, with or without components of other materials. It also proposed to update the packaging provisions shown in item by removing the allowance for nets to move in crates or drums. Information of record on the proponent s nets showed that they had a density of pcf with no unusual or significant stowing, handling or liability characteristics. The approved provisions first appeared in Supplement 3 to NMF 100- AG, and became effective on August 25, The analysis of the proposal indicated that the overall average density of nets moving under item was pcf, which would be associated with a class 92.5, not class 100, the class that all basketball nets were assigned at the time. It was speculated that nets made of metal have higher densities than nets made of fabric, however the data at the time was not specific enough to make that determination. For that reason, Research Project 1066 was established. SCOPE OF RESEARCH PROJECT 1066 On February 21, 2008 and on April 6, 2008, 23 potential manufacturers or shippers of basketball nets, four trade associations representing the sporting goods industry, and one transportation consultant were contacted. They were asked to provide information pertaining to the transportation characteristics of basketball nets. Three manufacturers responded with usable information, including the proponent of Subject 13 of Docket The responding manufacturers indicated that they represent a total of 51% of the market share on all basketball nets, and 100% of the market share on steel cable basketball nets. No response was received from the trade associations or the transportation consultant. Additional data was gathered from the ongoing density study. In total, information of record contains fifty-four data points on shipments of basketball nets. ABOUT BASKETBALL NETS Basketball was invented in 1891 by a YMCA instructor as a game to be played indoors during the cold winter months. The baskets originally used were peach baskets, hence the name basketball 1. Wooden backboards were added in 1896 to prevent fans in the balcony from interfering with the ball. Open rims eventually replaced baskets. Nets were added to slow the ball down and help officials determine if the ball had actually gone through the rim 2. Although invented for indoor use, basketball became a popular outdoor sport, as well. Consequently, metal chain nets were developed for use in municipal playgrounds or parks, as well as other high-traffic outdoor facilities, as they are more durable than fabric ones. The proponent of Subject 13 of Docket makes nets of PVC-jacketed steel aircraft cable with aluminum compression sleeves at the nets connection points. The company holds the only patent on nets of this material construction. Though most nets are made of nylon or metal chain, basketball nets are made of a variety of materials, some of which are shown on the next page Subject 7, Page 3 of 6

44 SUBJECT 7 STEEL CABLE HEMP NYLON STEEL CHAIN TRANSPORTATION CHARACTERISTICS DENSITY Basketball nets have an overall average density of pcf. They have a range in density from 3.33 to pcf. The material construction of most of the nets on which data is available is unknown. However, the four highest density figures of 54.00, 54.00, and pcf, are on nets made of steel chain. The lowest density figure, where the material construction is known, is 6.17 pcf. It pertains to a nylon net. This indicates that there appears to be at least some correlation between material construction and density; however, since the material of the net is not known for the vast majority of data points, this hypothesis cannot be proven. The frequency distribution of densities below shows that the density figures are distributed throughout the range. It should be noted that 21% of the figures are 20 pcf or greater. Density Frequency Distribution Basketball Nets % of Figures in Interval 30% 20% 10% 0% 0% 0% 4% 7% 23% 11% 7% 23% 11% 5% 9% Density Intervals (pcf) CCSB density policy is to assign extended, full-scale density provisions to commodities exhibiting a wide density range when a substantial percentage of the involved densities exceeds 20 pounds per cubic foot. As mentioned, and as shown in the above chart, the densities of basketball nets meet the aforementioned criteria. Item provides full-scale, density-based provisions for numerous Athletic or Sporting Goods; however, it does not provide Subject 7, Page 4 of 6

45 SUBJECT 7 the extended density scale 3. Information from the density study shows that commodities moving under item have a wide range in density from 4.74 to pcf, with 10% of the figures 20 pcf or greater. STOWABILITY Basketball nets are packaged in fibreboard boxes, which may be unitized on lift truck skids or pallets. They generally provide for a flat load-bearing surface. They are compatible with other freight and do not present any stowability problems. With respect to athletic or sporting goods currently moving under the provisions of item 15520, their stowability will depend on the particular product, its size, configuration and packaging, but there is no indication of unusual or significant problems. HANDLING Basketball nets do not pose any notable handling problems. Handling athletic or sporting goods moving under item will vary according to the size, configuration and packaging; however, there is no indication of any unusual or significant handling problems. LIABILITY Basketball nets are generally not susceptible to theft. There is no evidence that they are unusually prone to be damaged, nor are they likely to damage adjacent freight. The value per pound ranges from $5.56 to $13.75 and averages $8.88. The remaining liability traits should not impact significantly on an evaluation of these products. There is no indication that the products classified per item pose any notable liability concerns. Relationship to CCSB Policies and Guidelines CCSB policy states that commodities or commodity groups exhibiting a wide density range not accurately reflected by a single overall average density may be assigned densitybased classes; especially where there are no unusual or significant stowability, handling or liability characteristics and where there is no other feasible means of effectively narrowing the range. And where densities are distributed throughout the range, commodities or commodity groups may be assigned classes predicated on a full density scale. Further, when a substantial percentage of the densities involved exceeds 20 pcf, full-scale density classifications should generally provide the alternative standard progression that ranges from class 400 assigned to articles with densities less than 1 pcf to class 60 assigned to articles with densities 30 pcf or greater. Basketball nets have a density average of pcf and a density range from 3.33 to pcf. The densities are distributed throughout the range, with 21% of the figures 20 pcf or greater. This indicates that extended full-scale density-based provisions would reflect the densities of basketball nets and would be consistent with CCSB policy and precedent. 3 The present density scale in item was established as a result of action taken on Subject 13 of Docket 878 (December, 1987). This was a proposal by a former Classification Panel to cancel the provisions for Gymnasium Apparatus, NOI, with reference to item 15520, and concurrently amend the density scale in item by breaking-up the 6 but less than 12 pcf density group and establishing density groups of: 6 but less than 8 pcf; 8 but less than 10 pcf; and 10 but less than 12 pcf. The proposal was approved by a Classification Panel, but the disposition was appealed to the former National Classification Committee (NCC). The appellant, however, withdrew his objection. The changes were first published in Supplement 10 to NMF 100-N, and became effective on March 23, Subject 7, Page 5 of 6

46 SUBJECT 7 Since 2000, when the classification policies with respect to full-scale density-based provisions were changed to include the policy regarding the extended density scale, multiple items in the NMFC have been amended or established to provide that extended scale. Recently, as a result of action taken on Subject 3 of Docket (October, 2008) the provisions of items 13120, Aluminum Articles, and , Sheet Steel Articles, were amended to provide the extended full-scale density provisions. Data on aluminum articles and sheet steel articles indicated that they exhibit wide density ranges. Additionally, a substantial percentage of the densities are over 20 pcf. This is demonstrated in the table below. Item Density Range (pcf) % of Figures 20 pcf or Greater 13120, Aluminum Articles 0.08 to , Sheet Steel Articles 1.07 to These changes appeared in Supplement 4 to NMF 100-AH, and became effective on January 10, And as a result of action taken on Docket , Subject 9 (February, 2008), the provisions for bakery goods, per item were amended to provide the extended full-scale density provisions. Information on record showed that eleven percent of the density figures were over 20 pcf. The changes appeared in Supplement 1 to NMF 100-AH and became effective on April 26, In this regard, item provides full-scale density-based provisions for numerous Athletic or Sporting Goods. However, it does not provide the extended density scale. Information from the density study shows that commodities moving under item have a wide range in density from 4.74 to pcf, with 10% of the figures 20 pcf or greater. Extending the density scale in item to provide class 65 to commodities with densities 22.5 but less than 30 pcf and class 60 to commodities with densities 30 pcf or greater, as proposed, would be consistent with CCSB policy and precedent. Canceling item with reference to item and concurrently listing basketball nets in the description of item 15520, as proposed, would likewise be in keeping with CCSB policy and precedent. For these reasons, this proposal is consistent with CCSB policies and precedent. Subject 7, Page 6 of 6

47 SUBJECT 8 Re: Item , Plastic or Rubber Articles, Other Than Expanded Staff Contact: Lisa K. Winter Telephone (703) winter@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class PLASTIC OR RUBBER ARTICLES, OTHER THAN EXPANDED, GROUP: subject to item Articles, viz.: Articles, NOI; Boot or Shoe Forms or Trees, other than display forms or trees; Caps, Covers, Discs, Ends, Bands, Rings or Tops, NOI, for bottles, cans, cups, collapsible tubes, glasses, jars or jugs; Car Seats, child or baby; Columns; or other Forms or Shapes, NOI; architectural; Containers, packaging, NOI; Cups or Tumblers, NOI; Filmstrip or Audio or Video Cassette Storage Albums; Garbage or Refuse Cans; Gloves, see Note, item ; Grips, NOI, including Golf Club, Hand Tool or Handlebar Grips; Liners, swimming pool, plastic film or sheeting; Molding, other than baseboard or cove; Moving Picture Film Cans, Cores, Magazines, Reels or Film Spools, empty; Pipe or Pipe Fittings; Poultry Watering Systems, see Note, item ; Seats, toilet or water closet, hollow molded; Tanks, NOI; Tractor Treads, rubber; Tubing, NOI, other than flexible; In boxes, crates, drums or Packages 870, 1078, 1241, 1273, 1456, 2195, 2212, 2213, 2230 or 2459, see Note, item , subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 or greater Subject 8, Page 1 of 5

48 SUBJECT 8 Present Classification Provisions Concluded Item Description Class NOTE Not Involved NOTE Not Involved NOTE Not Involved. Proposed Classification Provisions Item Description Class PLASTIC OR RUBBER ARTICLES, OTHER THAN EXPANDED, GROUP: subject to item Articles, viz.: [Articles Listed No Change.] In boxes, crates, drums or Packages 870, 1078, 1241, 1273, 1456, 2195, 2212, 2213, 2230 or 2459, see Note, item , subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE No Change NOTE No Change NOTE No Change. Analysis BACKGROUND The current density scale provided in item was established as a result of action taken on Subject 7 of Docket 864 (June, 1986). This was a proposal by a former Classification Panel to amend items and by subdividing the 6 but less than 12 pcf density group that was provided in both items and establishing the current density groupings of 6 but less than 8 pcf; 8 but less than 10 pcf; and 10 but less than 12 pcf. While the overall average density of plastic or rubber articles moving under item was not provided, the overall density range was shown to be less than 1.00 to over pcf. The proposal was approved as docketed. The Panel s disposition was subsequently appealed to the former National Classification Committee (NCC), which upheld the disposition of the Panel. It was then Subject 8, Page 2 of 5

49 SUBJECT 8 protested to the former Interstate Commerce Commission (ICC), which voted to neither suspend nor investigate, thus permitting the amended provisions to take effect as scheduled. (Board of Suspension Case No ) The changes first appeared in Supplement 7 to NMF 100-M, and became effective on January 17, The docket history of item is convoluted to say the least. Between 1952 and 1986 there were eight proposals that sought to refine the density groupings and provide a more gradual transition between classes. Most met with strenuous opposition. There were appeals to the NCC and protests to the ICC. Throughout the docket history, however, information in the files shows that plastic or rubber articles, other than expanded, have consistently exhibited densities over 20 pcf, and in fact over 30 pcf. Since item is the "catchall" item for plastic or rubber articles, other than expanded, the variety of commodities moving under its provisions is great from gloves made of plastic or rubber to picnic benches made of plastic. Photographs illustrating some of the various commodities classified under item are shown below. TOTES OR BINS, PLASTIC, SHIPPING, COLLAPSIBLE, WITH FORKLIFT ENTRY PALLET BASE SEPARATORS OR MASSAGERS, PLASTIC GEL FORM, USED TO SEPARATE AND RELAX TOES COLUMNS, ARCHITECTURAL, PLASTIC AND MARBLE DUST The CCSB s files indicate that the only similarity the involved products share is that they are all made of other than expanded plastic or rubber. This is illustrated in the following analysis of the transportation characteristics of the involved articles. TRANSPORTATION CHARACTERISTICS OF PLASTIC OR RUBBER ARTICLES, OTHER THAN EXPANDED DENSITY: Current data shows that plastic or rubber articles moving under the provisions of item have a density range from 0.01 to pcf. The chart on the following page shows that from 2005 to 2008 the frequency distribution of densities has remained essentially constant. Subject 8, Page 3 of 5

50 SUBJECT 8 Item Frequency Distribution of Densities (pcf) % % of Figures In Interval 20.00% 15.00% 10.00% 5.00% 0.00% < 1 1 < 22 < 44 < 6 6 < 8 8 < < < < < < Density Intervals (pcf) STOWABILITY & HANDLING: Stowing and handling plastic or rubber articles will depend on the particular product, its size, shape and packaging, but there is generally no indication of unusual or significant problems. LIABILITY: Generally speaking, plastic or rubber articles are not unusually susceptible to theft, liable to damage, nor do they have the propensity to damage other freight with which transported. They are not perishable. They do not have the propensity to spontaneous combustion or explosion. The value per pound is likely to vary depending on the particular product. However, there is no evidence of a claims problem. Relationship to CCSB Policies and Guidelines CCSB policy states that commodities or commodity groups exhibiting a wide density range not accurately reflected by a single overall average density may be assigned densitybased classes; especially where there are no unusual or significant stowability, handling or liability characteristics and where there is no other feasible means of effectively narrowing the range. And where densities are distributed throughout the range, commodities or commodity groups may be assigned classes predicated on a full density scale. Further, when a substantial percentage of the densities involved exceeds 20 pcf, full-scale density classifications should generally provide the alternative standard progression that ranges from class 400 assigned to articles with densities less than 1 pcf to class 60 assigned to articles with densities 30 pcf or greater. Plastic or rubber articles per item have a wide range in density. In fact, information in the CCSB files dating back to 1952 shows densities consistently over 20 and 30 pcf. Further, the transportation characteristics of stowability, handling and liability, for the most part, do not appear to be unusual or significant. Subject 8, Page 4 of 5

51 SUBJECT 8 Amending item by establishing class 70 for densities of 15 but less than 22.5 pcf; class 65 for densities of 22.5 but less than 30 pcf; and class 60 for densities of 30 pcf or greater, as proposed, would be consistent with CCSB policy. It would also be consistent with classification precedent. In this regard, since 2000, when the classification policies and guidelines with respect to full-scale density-based provisions were changed to include the policy regarding the extended density scale, numerous items in the NMFC have been amended or established to provide that extended scale. Recently, as a result of action taken on Docket , Subject 3 (October, 2008), items 13120, Aluminum Articles, NOI, and , Sheet Steel Articles, NOI, were amended to provide extended, full-scale, density-based classes. And as a result of action taken on Subject 12 of Docket , item 26900, Registers or Diffusers, air, was also amended to provide extended full-scale density provisions. For these reasons, this proposal is consistent with CCSB policies and precedent. Subject 8, Page 5 of 5

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53 SUBJECT 9 Re: Attachments, lifting and loading (Grabber Arms), waste management vehicle Staff Contact: William F. Mascaro Telephone (703) mascaro@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item Attachments, excavating, grading or loading, NOI, tractor or truck, see Note, item : Sub 1 SU Sub 2 In SU sections Sub 3 Completely disassembled NOTE Provisions apply only on articles made for attaching to tractors or trucks, other than platform, warehouse or lift trucks, and designed for the purpose of excavating, grading or loading of bulk materials. Proposed Classification Provisions Item Description Class MACHINERY GROUP: subject to item A-NEW Attachments, waste receptacle lifting and unloading (Grabber Arms), waste management vehicle side mounting, see Note, item B-NEW, in packages B-NEW NOTE Applies on side-mounting attachments for waste management vehicles consisting of a grabbing mechanism, lifting arm and necessary mounting hardware designed to lift waste receptacles and load their contents into the vehicle. Analysis This proposal is based on Research Project 1059, which was initiated in November 2006 by a former Classification Panel following its consideration of Subject 6 of Docket , which was a shipper proposal to establish a provision for Attachments, lifting and loading (Grabber Arms), waste management vehicle, or Parts thereof, NOI, at class 70. The proposal was disapproved and the Panel directed the institution of a research project. The involved attachments are used on trash collection or waste management vehicles. They are designed to be mounted on the side of the vehicle and utilize a hydraulically operated articulating arm and grasper (claw) to grip and lift the waste receptacle and empty the contents into the vehicle s collection body or hopper. The photos on the next page depict the attachments in question. Subject 9, Page 1 of 4

54 SUBJECT 9 During the course of research, six trade associations and six potential shippers, including the original proponent, were contacted in August and November of 2008 and asked to participate. No response was received from any of the associations or the shippers. Information developed is based on the record from Docket , Subject 6 and subsequent carrier-submitted information. Transportation Characteristics Density Overall, the information of record incorporates eight density observations and reveals a range in density from 1.17 to pcf, with a simple average of 6.55 pcf. The observations involve the complete lifting arm assembly with the grabber mechanism as depicted in the illustrations below: Handling These articles are tendered for shipment on oversized pallets or mounted on a customized shipping rack equipped with receptacles for forklift tines. There is no indication of any unusual handling considerations, although the lack of protection and the presence of protrusions may require extra care and attention when loading and unloading. Subject 9, Page 2 of 4

55 SUBJECT 9 Stowability Based on their configuration and the manner in which they are tendered for shipment, these articles may present considerable negative stowing considerations. Chief among these is the lack of a flat load-bearing surface for other freight. This will result in the loss of available trailer space not only above these units, but also, possibly, on the sides. Additionally, due to the height of these articles, from 48 up to 87 inches, it is doubtful if the inability to load freight on top of them can be mitigated through the use of dunnage or load decks. The lack of protection also means that additional attention may have to be given to ensure loading of compatible freight adjacent to these articles to structure the load. In the LTL environment, this is especially important as the freight mix changes with each handling. Pursuant to CCSB policy, where loaded density provides a quantifiable measure of the stowability problems associated with the involved commodities, such loaded density is to be evaluated by the CCSB in relation to the density guidelines. When a height of 96 inches is used (representing the inside height of the trailer), along with the actual length and width, to calculate the loaded density, the overall resulting loaded density range is from 0.59 to 9.08 pcf, with a simple average loaded density of 5.14 pcf. Liability These articles are not perishable, prone to spontaneous combustion or explosion or susceptible to theft. While minimally packaged, there is no indication that they are overly susceptible to damage. Information from Docket , Subject 6 revealed values ranging from $5.35 to $16.03 per pound, with an average value of $8.15 per pound. In that record, there was no indication of a claims problem. It should be noted, however, that the manner in which these articles are tendered for shipment results in the presence of protruding edges and other surfaces that may pose a risk to adjacent freight. Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to reflect a commodity s known transportation characteristics. Information of record developed through Research Project 1059 indicates that these articles exhibit a range in density from 1.17 to pcf, with a simple average density of 6.55 pcf. Several significant negative stowability and some liability considerations have also been identified. These negative considerations result in the loss of available trailer space due to the inability to load freight on top of and adjacent to these articles and subsequent additional care and attention necessary to structure a compatible load. As mentioned in the evaluation of the stowability transportation characteristic, CCSB policy provides that where a commodity exhibits unusual or significant stowability considerations, and loaded density provides a quantifiable measure of the stowability problems associated with the involved commodity, the loaded density is to be evaluated by the CCSB in relation to the density guidelines. With respect to these grabber arms and the identified stowability concerns, loaded density does provide a method of quantifying the inability to load freight on top of these articles. When a height of 96 inches is used (as the inside height of the trailer), along with the actual length and width, to calculate the loaded density, the overall resulting loaded density range is from 0.59 to 9.08 pcf, with a simple average loaded density of 5.14 pcf. Under CCSB guidelines, an average density of 5.14 pcf is generally associated with class 175, which calls for a minimum average density of 5 pcf. Subject 9, Page 3 of 4

56 SUBJECT 9 Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and guidelines. Subject 9, Page 4 of 4

57 SUBJECT 10 Re: Baggage or Luggage Racks or Stands Staff Contact: William F. Mascaro Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FURNITURE GROUP: subject to item Metallic or Wooden: subject to item Stands, baggage: Sub 1 SU, in Package 18F Sub 2 SU, in Packages 1F, 3F or 5F Sub 3 KD, in Packages 1F, 3F, 5F or 19F Proposed Classification Provisions Item Description Class FURNITURE GROUP: subject to item Metallic or Wooden: subject to item Stands, baggage (Luggage Racks), in Package 25F, see Note, item NEW NEW NOTE Finished surfaces must be wrapped with nonabrasive material. Analysis This proposal is based on information developed through Research Project 1083, which was initiated by the CCSB in response to indications of densities inconsistent with CCSB guidelines for the currently applicable class 85 associated with sub 3 of item Specifically, information was received indicating a density of 3.50 pcf on a shipment of KD wooden baggage stands. CCSB guidelines for class 85 call for a minimum average density of 12 pcf. While the information involved baggage stands subject to sub 3, the project was initiated on all types of baggage stands provided for in item The images below depict the involved articles, which are also commonly referred to as luggage racks. The provisions of item were adopted from the rails in 1936 and, with the exception of packaging revisions, have remained substantially unchanged. The current provisions were Subject 10, Page 1 of 4

58 SUBJECT 10 established as a result of action taken on Docket 993, Subject 17 (August, 1999), and first appeared in Supplement 7 to NMF 100-Y, effective October 16, The proposal sought to cancel several furniture packages as obsolete, including certain packages referenced in item During the course of Project 1083, a total of 28 potential shippers were contacted in September, 2008 and January, 2009 and invited to participate in the research. No relevant associations were identified. From this sampling, one company provided information on their baggage stands. Six companies responded that they did not manufacture or ship baggage stands and three surveys were returned as undeliverable. Additional information of record was developed through carrier-submitted Shipment Information Forms and the CCSB Density Study. Transportation Characteristics Density Overall, the information of record reveals a range in density from 2.07 to pcf, with a simple average density of 4.33 pcf. Presently, item provides classes based on form of shipment, and in the case of baggage stands tendered SU, by packaging. No information was developed on baggage stands tendered SU in Package 18F, as provided in sub 1. However, when evaluated on the basis of baggage stands tendered either SU or KD, those baggage stands reported to be tendered SU range in density from 3.02 to 6.39 pcf, with an average density of 4.28 pcf. Baggage stands reported to be tendered KD range in density from 2.07 to pcf, with an average density of 4.33 pcf. The graph below depicts the distribution of the overall density range. Subject 10, Page 2 of 4

59 SUBJECT 10 As depicted in the graph, approximately 54% of the density observations are in the 2 but less than 4 pcf interval and approximately 86% of the figures are between 2 and 6 pcf. Handling and Stowability Information of record indicates that baggage stands are tendered for shipment in fibreboard boxes of a regular size and shape and no unusual or significant handling or stowing considerations are noted. Liability Baggage stands are not perishable, prone to spontaneous combustion or explosion, susceptible to theft or damage, or likely to damage other commodities with which shipped. A limited amount of information on the value of these articles indicates a range from $4.17 to $5.00 per pound, with a simple average value of $4.58 per pound. There is no indication of a claims problem. Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to reflect a commodity s known transportation characteristics. Presently, sub 1 of item provides for baggage stands shipped SU in Package 18F at a class 175. Package 18F provides for articles tendered wrapped in furniture pads. No information was developed on baggage stands shipped in this manner. Sub 2 of item provides for baggage stands tendered SU in Packages 1F, 3F or 5F at class 150. CCSB guidelines for class 150 call for a minimum average density of 6 pcf. Information developed on SU baggage stands indicates densities ranging from 3.02 to 6.39 pcf, with an average of 4.28 pcf. Sub 3 of item provides for baggage stands tendered KD at class 85. CCSB guidelines for class 85 call for a minimum average density of 12 pcf. Information developed on baggage stands tendered KD indicates a range in density from 2.07 to pcf, with an average density of 4.33 pcf. Overall, baggage stands have been found to range in density from 2.07 to pcf, with a simple average density of 4.33 pcf and exhibit no unusual or significant handling, stowability or liability considerations. This indicates that density is the controlling transportation characteristic. Under CCSB guidelines, an average density of 4.33 pcf is generally associated with class 200, which calls for a minimum average density of 4 pcf. Consolidating the existing provisions for baggage stands into a single provision at class 200, as proposed, is in keeping with CCSB policy and guidelines. CCSB packaging policy calls for the establishment of packaging specifications as necessary to ensure that freight is adequately protected in the motor carrier environment, and can be handled and stowed in a manner that is reasonably safe and practicable. While item provides for baggage stands tendered in Packages 1F, 3F, 5F, 18F or 19F, the record provides no indication of any movement of baggage stands in these specific F packages. Instead, the record reveals that baggage stands are tendered in fibreboard boxes. Package 25F specifies fibreboard boxes complying with Item (Rule) 222. The CCSB s Packaging Consultant has reviewed Package 25F and determined that, with appropriate wrapping of finished surfaces, this package would provide adequate protection for these articles in the LTL environment. Subject 10, Page 3 of 4

60 SUBJECT 10 CCSB policy also calls for adding commonly used terminology to descriptions to identify commodities. Information of record indicates that baggage stands are also commonly referred to as Luggage Racks. Amending item to also reference luggage racks, as proposed, is in keeping with CCSB policy. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and guidelines. Subject 10, Page 4 of 4

61 SUBJECT 11 Re: Item References Staff Contact: Erin N. Topper Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CHEMICALS GROUP: subject to item Aluminum Sulfate, containing not more than 5 percent of activated carbon, in cloth or four-ply paper bags or in bulk in drums. See item for class dependent upon released value Cobalt Resinate, in drums. See item for class dependent upon released value Fuel, ration heating, chemical composition, containing not less than 90 percent trioxane, in boxes. See item for class dependent upon released value Nitro-carbo-nitrate, in boxes or drums. See item for class dependent upon released value Potassium (Potash): subject to item Beet or Cane Residuum, in bags. See item for class dependent upon released value Hartsalz, Kainit, Manure Salts, Double Manure Salts or Sylvinit, in bags, boxes or drums; in bulk or in packages when shipments weigh 40,000 pounds or more. See item for class dependent upon released value Tobacco Crystals (Tobacco Potash Salts), in bags or drums. See item for class dependent upon released value Sodium (Soda): subject to item Silicoaluminate, in bags, boxes or drums. See item for class dependent upon released value Drugs, Chemicals, Medicines, Toilet Preparations and Other Articles Named in items making reference to this item, value declared in writing by the shipper, or agreed upon in writing as the released value of the property, not exceeding $2.80 per pound, see Notes, items and 60004, in packages provided in separate descriptions for articles NOTE Not Involved NOTE Class named in item will not apply if consignor fails or declines to declare value or agree to release value in writing in accordance with Note, item 60002, or if same or lower charges would result from the application of provisions in individual descriptions for articles. EXTRACTS: subject to item Sumac, in boxes or drums. See item for class dependent upon agreed or released value Subject 11, Page 1 of 3

62 SUBJECT 11 Present Classification Provisions Concluded Item Description Class GUMS: subject to item Accroides, in bags, boxes or drums. See item for class dependent upon released value Congo, in bags, bales, boxes or drums. See item for class dependent upon released value Ester, in boxes, drums or four-ply paper bags, or in solid mass in Packages 591 or See item for class dependent upon released value Proposed Classification Provisions Item Description Class CHEMICALS GROUP: subject to item Aluminum Sulfate, containing not more than 5 percent of activated carbon, in cloth or four-ply paper bags or in bulk in drums... No Change Cobalt Resinate, in drums... No Change Fuel, ration heating, chemical composition, containing not less than 90 percent trioxane, in boxes... No Change Nitro-carbo-nitrate, in boxes or drums... No Change Potassium (Potash): subject to item Beet or Cane Residuum, in bags... No Change Hartsalz, Kainit, Manure Salts, Double Manure Salts or Sylvinit, in bags, boxes or drums; in bulk or in packages when shipments weigh 40,000 pounds or more... No Change Tobacco Crystals (Tobacco Potash Salts), in bags or drums... No Change Sodium (Soda): subject to item Silicoaluminate, in bags, boxes or drums... No Change Drugs, Chemicals, Medicines, Toilet Preparations and Other Articles Named, etc.... No Change NOTE No Change NOTE No Change. EXTRACTS: subject to item Sumac, in boxes or drums... No Change GUMS: subject to item Accroides, in bags, boxes or drums... No Change Congo, in bags, bales, boxes or drums... No Change Ester, in boxes, drums or four-ply paper bags, or in solid mass in Packages 591 or No Change Subject 11, Page 2 of 3

63 SUBJECT 11 Analysis Numerous items in the Classification refer to item for a class dependent upon released value. Currently, item provides a class 70 when the goods are released to a value not exceeding $2.80 per pound. Therefore, the shipper has the option, at the time of shipment, to release the value and apply class 70 in lieu of the class otherwise applicable in the individual descriptions for articles. The Surface Transportation Board s (STB s) interpretation of the Motor Carrier Act of 1980 prohibited collective action involving released value classifications. However, as a result of the STB s decision served on May 7, 2007, terminating its approval of the Agreement of the former National Classification Committee (NCC), and thus removing its antitrust immunity, the Classification provisions are no longer made collectively by motor carriers and, therefore, are no longer subject to such prohibition. Items 42900, 44050, 44565, 45440, 45670, 45780, 45950, 46590, 64460, 91120, and contain references to item 60000, but are currently assigned class 70 or lower. Consequently, from a classification standpoint, there is no benefit to release the value, as the same or a higher class would be applied to the shipment. Moreover, the Note, item 60004, states that the Class named in item will not apply if same or lower charges would result from the application of provisions in individual descriptions for articles. Relationship to CCSB Policies and Guidelines CCSB policies for clarification, simplification and uniformity call for the elimination of excess or unclear wording. When item is referenced by a specific provision in the Classification, the shipper has the option of releasing the value of the involved shipment to not exceed $2.80 per pound in exchange for a class 70. Items 42900, 44050, 44565, 45440, 45670, 45780, 45950, 46590, 64460, 91120, and are currently assigned a class 70 or lower, which makes the reference to item superfluous. Hence, it would be in keeping with CCSB policies and precedent to remove the references to item from the above-named items, as proposed. Subject 11, Page 3 of 3

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65 SUBJECT 12 Re: Windows Staff Contact: William F. Mascaro Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class BUILDING MATERIALS, MISCELLANEOUS, GROUP: subject to item NOTE Also applies on accessorial hardware, provided the combined weight of such hardware does not exceed 15 percent of the weight on which charges are assessed NOTE Commodities may be shipped wrapped in corrugated fibreboard testing not less than 125 pounds Windows (Sash or Sash and Frames combined), aluminum or aluminum and iron or steel combined, glazed, NOI, including Storm Windows, with or without screens, see Note, item 34781, in boxes, crates or Packages 834, 835, 2305 or 2442, see Note, item Windows (Sash or Sash and Frames combined), bow or bay type, glazed, in boxes or crates Windows (Sash or Sash and Frames combined), iron or steel, glazed, NOI, see Note, item 35536, in boxes, crates or Packages 834 or NOTE Also applies on aluminum, brass, bronze, copper or zinc fittings not exceeding 5 percent of the weight on which charges are assessed Windows (Sash or Sash and Frames combined), plastic, glazed, with or without screens, weatherstrips or accessorial hardware made from other materials, in boxes or crates: Sub 1 Other than rectangular Sub 2 NOI Windows (Sash or Sash and Frames combined), wood, with or without covering or components of other materials, glazed, NOI, in boxes, crates or Packages 758 or Package 758 Two or more sash, windows or doors, completely wrapped in corrugated fibreboard testing not less than 200 pounds, securely bound with steel strapping. Corners of each sash, window or door must be protected by fibreboard corner caps. Subject 12, Page 1 of 10

66 SUBJECT 12 Present Classification Provisions Concluded Package 834 Sash in bundles must be individually wrapped in single-faced corrugated paper, basis weight not less than 110 pounds per ream (500 sheets, 24 x 36 inches) further protected on both sides with sheet of solid fibreboard or singlewall corrugated fibreboard testing not less than 200 pounds, metal strapped into bundles of two or more; OR Corners of each sash protected by singlewall corrugated fibreboard, completely wrapped in solid fibreboard or singlewall corrugated fibreboard testing not less than 200 pounds, metal strapped into bundles of two or more. Package 835 Storm (secondary) windows in bundles of two provided all glazed or screened portions are dropped to lower half of frame and protected by a wrapping of fibreboard testing not less than 200 pounds securely held in position by not less than two metal straps. Bottom corners of frame, beneath wrapping must be protected by folded fibreboard corner forms. Exposed cross and side members of frame must be protected by corrugated fibreboard sleeves covering not less than 50 percent of exposed areas. Package must be marked 'GLASS DO NOT LAY FLAT THIS END UP' (the latter point to the semi-exposed members). Proposed Classification Provisions Item Description Class BUILDING MATERIALS, MISCELLANEOUS, GROUP: subject to item NOTE No Change NOTE No Change Windows (Sash or Sash and Frames combined), aluminum or aluminum and iron or steel combined, glazed, NOI, including Storm Windows, with or without screens, etc... Cancel; see item NEW Windows (Sash or Sash and Frames combined), bow or bay type, glazed, etc... Cancel; see item NEW Windows (Sash or Sash and Frames combined), iron or steel, glazed, NOI, etc... Cancel; see item NEW NOTE Cancel; no further application Windows (Sash or Sash and Frames combined), plastic, glazed, etc... Cancel; see item NEW Subject 12, Page 2 of 10

67 SUBJECT 12 Proposed Classification Provisions Concluded Item Description Class BUILDING MATERIALS, MISCELLANEOUS, GROUP: subject to item Windows (Sash or Sash and Frames combined), wood, with or without covering or components of other materials, glazed, NOI, etc... Cancel; see item NEW NEW Windows (Sash or Sash and Frames combined), NOI, glazed, with or Sub 1 without screens or necessary hardware: In boxes, crates or Packages 834, 2304, 2305 or 2442, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 6 but less than Sub 4 10 or greater Sub 5 In packages other than boxes, crates or Packages 834, 2304, 2305 or 2442, subject to Item 170 and having a density in pounds per cubic foot of: Sub 6 Less than Sub 7 6 but less than Sub 8 10 or greater Cancel; no further application. Package 758 Package 834 Corners of each sash protected by singlewall corrugated fibreboard, completely wrapped in solid fibreboard or singlewall corrugated fibreboard testing not less than 200 psi, metal strapped into bundles of two or more. Cancel; no further application. Analysis Package 835 This proposal is based on information developed through Research Project 964. Project 964 was initiated by a former Classification Panel in February 2004 following its consideration of a report on doors and windows shipped in an upright position on pallets. The report indicated transportation characteristics inconsistent with guidelines for the applicable classes. The project was subsequently expanded to include doors and windows in general, not just those shipped on edge. Subject 12, Page 3 of 10

68 SUBJECT 12 To facilitate the research, the project was divided into two components. The first involved doors and was addressed through Docket , Subject 22 (June 2008). That was a proposal to consolidate 24 different items applying on doors into a single provision assigning classes based on packaging and density. The proposal was approved as docketed and the changes were published in Supplement 2 to NMF 100-AH, effective August 23, The second component of the project involved windows and is the subject of this proposal. As part of the research on windows, six trade associations and 642 potential shippers were contacted in November 2008 and January 2009 and invited to participate in the project. Two of the associations responded that their members did not ship windows. Additionally, one association responded that, while their members did manufacture windows, they did not use LTL motor carriers to ship them due to damage problems. With respect to the 642 shippers contacted, 99 surveys were returned as undeliverable, 37 companies responded that they did not ship windows and 17 provided information. However, not all of the information submitted was usable. Additional data was developed through CCSB dock surveys, carrier-submitted Shipment Information Forms and the CCSB s Density Study. The current provisions of items 35510, 35525, 35535, and were established as a result of action on Docket 944, Subject 10 (June 1994) and first appeared in Supplement 4 to NMF 100-U, effective August 20, That proposal, in part, separated the items for doors, windows and window frames into specific provisions and also sought to clarify the provisions for windows. Windows are available in a wide variety of styles, shapes, sizes and materials. They are used to allow light, ventilation and emergency egress through an opening in an exterior wall, while excluding the outside elements. Materials used in their construction may include wood, aluminum, iron or steel, and plastic. These materials may be used alone or in combination with each other. Glazing may be glass or acrylic. Transportation Characteristics Density The information of record developed through Research Project 964 shows that windows range in density from 0.61 to pcf, with a simple average density of 9.48 pcf, based on a sampling of 7,265 density figures. The table on the following page provides a breakdown of the density figures according to the reported applicable NMFC item number. It should be noted that while the average densities for each item are different, the density ranges overlap and for most of the involved items, are quite wide. Subject 12, Page 4 of 10

69 SUBJECT 12 Item Number Description Windows (Sash or Sash and Frames combined), aluminum or aluminum and iron or steel combined Windows (Sash or Sash and Frames combined), bow or bay type Windows (Sash or Sash and Frames combined), iron or steel Windows (Sash or Sash and Frames combined), plastic other than rectangular Windows (Sash or Sash and Frames combined), plastic NOI Windows (Sash or Sash and Frames combined), wood Density Range (pcf) 1.00 to to to One figure to to Average Density (pcf) The graph below provides a distribution of the overall density range. Overall Frequency Distribution % of Figures in Interval Less than but less than but less than but less than 6 6 but less than 8 8 but less than but less than 12 Density Intervals (pcf) but less than but less than but less than or greater While the density figures are distributed throughout the identified density range, they are fairly evenly divided, with approximately 32% of the figures less than 6 pcf, 32% of the figures grouped between 6 and 10 pcf, and 36% of the figures at 10 pcf or greater. Subject 12, Page 5 of 10

70 SUBJECT 12 The table below provides an analysis of the data when evaluated on the basis of the proposed density groups of less than 6 pcf, 6 but less than 10 pcf, and 10 pcf or greater. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than to but less than to or greater to Handling Glass, or articles made with or of glass, may require more care and attention when handling to avoid breakage than most general commodities. Given the amount of glass, as well as finished surfaces associated with windows, extra care and attention will be required when loading, unloading and during cross-dock operations. The current provisions attempt to address this inherent fragility by requiring windows to be tendered for shipment in boxes, crates or certain numbered packages. Research also identified shipments where the windows are placed within a wooden framework built on or around a pallet. A-frame type shipping containers are also used. Many of the packages provide directional arrows and other handling instructions or guidance including labels depicting GLASS and FRAGILE. Additionally, not all units are palletized or provide for mechanical handling, as depicted in the lower right photo, and will require additional care and attention when handling. Stowability Information of record indicates that windows are packaged and tendered for shipment in different manners including placed flat on pallets, mounted on edge on a pallet, or enclosed within packaging material but not on pallets. When mounted on edge, windows are typically braced with diagonal bracing resembling an A-Frame type package, or with some other method of bracing to support the window in position. Regardless of the manner in which the window is tendered for shipment, several negative stowing considerations have been identified. Subject 12, Page 6 of 10

71 SUBJECT 12 When placed flat on a pallet, extra care and attention will have to be given to ensure that any freight loaded on top of the windows is compatible to minimize the potential for damage to both the corners and edges of the window as well as the adjacent freight. Windows mounted on edge on pallets will lack a flat load-bearing surface for other freight. The impact of this on the carrier s ability to load other freight may be lessened somewhat due to the height of the windows; nevertheless, the space above the package is essentially unusable. Windows tendered in this manner will also most likely require floor loading, which will further inhibit the carrier s ability to utilize available space in the trailer due to the inability to tier shipments. The information of record shows that the involved windows are often mounted on a pallet, and a supporting framework is built around them. This framework may consist of diagonally affixed boards to support the window, or some type of vertical framework. The manner in which the window is packaged and tendered to the carrier for shipment presents not only negative stowing considerations due to the inability to efficiently use the available trailer space, it also has a detrimental impact on the density of the window. Additionally, windows tendered in this manner will require extra care and attention when loading freight adjacent to the windows to ensure that shifting during transit does not occur and break the supports or damage the window, especially as these packages offer little or no lateral support to adjacent freight. This increases the difficulty in structuring the load within the trailer. Liability Windows are not perishable, prone to spontaneous combustion or explosion or susceptible to theft. With respect to damage, as previously mentioned, glass and articles made from or with glass can be more susceptible to damage than other types of general freight. Accordingly, windows may present a higher than nominal susceptibility to damage compared to other general freight. Research has identified a wide variety of packaging methods ranging from fully enclosing the window within a box or crate to simply stretch wrapping the window on a pallet with no additional protection. Many shipping packages, in addition to providing handling instructions, also include precautionary labels indicating that the product is fragile. As is the case with most general commodities, windows tendered fully enclosed within a box or crate will be afforded greater protection against damage than when tendered stretch-wrapped on a pallet. Subject 12, Page 7 of 10

72 SUBJECT 12 In addition to having an impact on susceptibility to damage, the manner in which a window is tendered for shipment will also have an impact on its susceptibility to damage other freight. Windows with exposed corners may puncture other packages, resulting in damage to both the window and adjacent freight. Additionally, shipments loaded in a trailer are usually supported to some extent by adjacent freight. As depicted in the photographs throughout this analysis, many of the methods employed by shippers when packaging their windows do not provide any lateral support for other freight. This is because the window is mounted vertically in the center of a pallet and is supported by bracing. This bracing may be of sufficient strength to hold the window in position, but it may not support the additional load placed on it by adjacent freight. This could result in damage to either the window or adjacent freight or both. Windows may also pose a greater risk to adjacent freight when damaged due to glass shards, which can spread throughout the trailer. These shards may also present a risk to carrier personnel when attempting to move or cleanup a damaged window. A limited amount of information developed on the value of windows indicates a range from $1.00 to $6.00 per pound, with a simple average value of $2.90 per pound. Regarding claims, one of the associations contacted as part of the research responded that its members do not ship windows via LTL carrier as they break too many before they reach their destination. Additionally, a survey of motor carrier claims personnel yielded information that many carriers try to avoid handling windows due to their claims potential. One carrier that provided information indicated a claims ratio of 3% for windows moving under the provisions of item 35510, Windows (Sash or Sash and Frames combined), aluminum or aluminum and iron or steel combined, glazed, and 6% for windows moving under item 35545, Windows (Sash or Sash and Frames combined), plastic, glazed. These claims ratios are substantially higher than the 1% that is generally considered typical for general commodities. Relationship to CCSB Policies and Guidelines CCSB policy calls for provisions in the NMFC to reflect a commodity s known transportation characteristics. Information of record developed through Research Project 964 reveals that windows are shipped in a variety of different configurations, resulting in a density range from 0.61 to pcf. CCSB policy also calls for commodity descriptions to be as clear as possible to help preclude interpretation disputes. The currently applicable provisions are primarily based on the material consist of the window. However, windows are made from a variety of materials, including combinations of different materials, which may not be reflected by the existing provisions. This can result in interpretation difficulties as it may be difficult to determine the material consist of a given window by visual inspection. CCSB policy further provides that where commodities or commodity groups exhibiting a wide density range are not accurately reflected by a single, overall average density, they may be assigned density-based classes. However, in this instance research has also identified several significant negative handling, stowability and liability considerations that must also be considered, in accordance with CCSB policies. These have been detailed in this analysis and include such factors as the lack of a flat load-bearing surface for other freight and handling considerations when the window is not tendered on a pallet nor in a manner that provides for mechanical handling. In addition, the method of packaging has also been found to affect the risks and associated liability considerations presented to the carrier in transporting these Subject 12, Page 8 of 10

73 SUBJECT 12 products, with windows tendered in boxes or crates providing generally more protection against damage than windows tendered in some other type of packaging. While packaging may provide some degree of protection, windows have been found to exhibit a significantly greater potential for damage, and resulting liability exposure, than other general commodities. This is evidenced by reported claims ratios of 3% for windows moving under item and 6% for windows moving under item Additionally, as previously mentioned, one window association reported that its members do not ship windows via LTL carrier due to breakage concerns. And some carriers have also indicated that they try to avoid handling windows for the same reason. In view of the information of record, it would be in keeping with CCSB policy and classification precedent to establish provisions based on packaging and density, as proposed. Such an approach would provide a means for addressing both the lighter density windows and the heavier ones as well as the identified negative handling, stowing and liability considerations. As detailed in the discussion of density, approximately 32% of the density figures are less than 6 pcf, 32% fall between 6 and 10 pcf, and the remaining 36% are 10 pcf or greater. The following table provides an evaluation of the density information of record on the basis of the three proposed density groups. Density Group (pcf) Density Range (pcf) Average Density (pcf) Class per CCSB Density Guidelines CCSB Density Guideline (pcf) Less than to but less than to or greater to With respect to commodities that exhibit less-than-favorable handling, stowability or liability characteristics, classification precedent has been to assign a class one or two classes higher than what would generally be called for under the density guidelines. A recent example of such an approach can be found in Docket , Subject 22 (June 2008) involving doors. In that instance, the CCSB approved provisions based on packaging and density wherein doors tendered in specified packages were assigned one class higher than called for under CCSB density guidelines, while doors tendered in packages other than those specified were assigned a class two classes higher than that called for under CCSB density guidelines, in view of their respective negative handling, stowing and liability characteristics. The same approach is proposed here for windows. CCSB packaging policy dictates that the CCSB establish and maintain packaging specifications as necessary to ensure that freight is adequately protected in the motor carrier environment, and can be handled and stowed in a manner that is reasonably safe and practicable. Windows are currently authorized for shipment in boxes or crates, as well as several numbered packages. The CCSB s Packaging Consultant has reviewed these packages and determined that Package 758, applicable to wood windows, and Package 835, applicable to aluminum or iron or steel storm windows, do not provide adequate protection in the LTL environment. Accordingly, it would be in keeping with CCSB packaging policy to cancel these packages with no further application. Additionally, the first part of Subject 12, Page 9 of 10

74 SUBJECT 12 Package 834, applicable to glazed aluminum or iron or steel sash in bundles, should also be cancelled as it too does not provide adequate protection in the LTL environment. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 12, Page 10 of 10

75 SUBJECT 13 Re: Doilies, Facial Tissues, Handkerchiefs, Napkins, Neck Strips, Placemats or Tablecloths, paper Staff Contact: Lisa K. Winter Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class PAPER ARTICLES GROUP: subject to item Doilies or Place Mats, printed or not printed, not laminated nor surface coated, in boxes or Packages 215 or Doilies, NOI, Handkerchiefs, Napkins, Neck Strips, Place Mats, NOI, or Tablecloths: Sub 1 In bales, bundles, rolls or doublewall paper bags Sub 2 In boxes, crates or Packages 215, 841, 1252, 2065, 2177, 2278 or Paper Goods, NOI, in boxes, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater Tissues, facial cleansing, in boxes, crates or Packages 215, 841, 1252 or Proposed Classification Provisions Item Description Class PAPER ARTICLES GROUP: subject to item Doilies or Place Mats, printed or not printed, not laminated nor surface coated, etc... Cancel; see item Doilies, NOI, Handkerchiefs, Napkins, Neck Strips, Place Mats, NOI, or Tablecloths, etc... Cancel; see item Subject 13, Page 1 of 6

76 SUBJECT 13 Proposed Classification Provisions Concluded Item Description Class PAPER ARTICLES GROUP: subject to item Paper Goods or Articles, viz.: Doilies; Facial Tissues (Handkerchiefs); Napkins; Neck Strips; Paper Goods or Articles, NOI; Placemats; Tablecloths; In boxes, see Note, item NEW, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NEW NOTE The following departures from packing requirements are permitted: 1. Doilies, neck strips, placemats or tablecloths may be shipped in Packages 215, 841, 2177 or Facial tissues (handkerchiefs) may be shipped in Packages 215, 841, 1252, 2065, 2177 or Napkins may be shipped in Packages 215, 841, 1252, 2177, 2278 or Tissues, facial cleansing, etc... Cancel; see item Analysis BACKGROUND This proposal originated from Research Project 1009, which was initiated on May 3, 2005 by a former Classification Panel in response to information indicating that shipments of paper doilies, napkins, placemats and tablecloths moving under the provisions of item , sub 2, had densities inconsistent with the assigned class 85, according to density guidelines. Information at the time indicated that the involved products had a range in density from 2.93 to pounds per cubic foot (pcf) and an average density of 8.37 pcf. Subject 13, Page 2 of 6

77 SUBJECT 13 SCOPE OF RESEARCH PROJECT 1009 Sixty-six potential manufacturers or shippers were contacted on June 30, 2005 and on January 16, 2007 and asked to provide information on the transportation characteristics of paper doilies, facial tissues, handkerchiefs, napkins, neck strips, placemats and tablecloths. Three trade associations that represent the paper or paper products industry were also contacted. Substantial information was received from two shippers and three carriers. Additional data was obtained through CCSB dock surveys and culled from the density study. In total, 1,683 density data points were gathered on products moving under items , and BACKGROUND OF PROVISIONS The provisions for paper doilies, napkins or tablecloths in item were adopted from the rails in 1936, at ratings comparable to today s classes 100 and 85. In Supplement 7 to NMFC 3, effective October 10, 1938, facial cleansing tissues and handkerchiefs were added to the description. Neck strips 1 were added to the description in Supplement 1 to NMFC 4, effective July 10, Placemats were added in Supplement 16 to NMFC A-3, effective August 8, Item provides for doilies or placemats, which are printed or not printed, not laminated nor surface coated, at class 60. The current provisions of item were established as a result of action taken on Docket 123, Subject 35 (March-April, 1966). Information on file shows that the involved doilies and placemats had average densities of pcf and pcf, respectively. Current information in the density study on the doilies or placemats moving under item shows an average density of pcf. An average density of pcf is usually associated with a class 70 according to density guidelines; whereas the current class 60 is usually associated with a minimum average density of 30 pcf. Further, handkerchiefs are named in item and facial cleansing tissues are named in item However, the terms paper handkerchief and paper facial tissue may be used to describe the same product. While there is no record of an interpretation problem between the two provisions, it should be noted that there is a potential for interpretation conflict. The provisions for facial tissues were removed from item and were added to the Classification in a new item, current item , as a result of action taken on Docket 743, Subject 20 (May, 1974). Information in the docket file shows that the involved facial tissues had an average density of pcf. 1 Neck strips are used in barber shops and hair salons to protect customers necks by catching loose hair and absorbing perspiration and drips during haircuts or various hair treatments. Subject 13, Page 3 of 6

78 SUBJECT 13 Examples of products moving under items , and are shown below. Paper Handkerchiefs or Facial Tissues ( or ) Paper Doilies, not laminated nor surface coated (153000) Paper Placemats, not laminated nor surface coated (153000) Paper Napkins (153020) Paper Doilies, laminated or surface coated (153020) Paper Tablecloths (153020) Paper Neck Strips (153020) Paper Placemats, laminated or surface coated (153020) TRANSPORTATION CHARACTERISTICS Density: Information on shipments moving under the provisions of items , and shows that the involved commodities have an overall average density of pcf and have a range in density from 2.10 to pcf. When grouped according to the currently applicable item numbers, the following density averages and ranges emerge. As can be seen, while the average densities of commodities moving under each item are different, the density ranges overlap. ITEM NUMBER AVERAGE DENSITY (PCF) DENSITY RANGE (PCF) to to to Subject 13, Page 4 of 6

79 SUBJECT 13 The following chart shows the overall density frequency distribution. DENSITY FREQUENCY DISTRIBUTION % of Figures in Interval 30% 20% 10% 0% 0% 0% less than 1 1 but less than 2 3% 2 but less than 4 10% 4 but less than 6 17% 19% 21% 11% 12% 6 but less than 8 8 but less than but less than but less than but less than % 22.5 but less than 30 2% 30 or greater Density Intervals (pcf) Stowability: Paper doilies, handkerchiefs or facial tissues, napkins, neck strips, placemats and tablecloths are shipped in fibreboard boxes and are usually unitized on lift truck skids or pallets. While the CCSB has received information on a shipment of paper napkins moving in a pyramid-shaped pallet load, for the most part, the shipments of the involved commodities would provide a flat load-bearing surface. As such, they should not pose any notable stowing problems. A photograph of a typical shipment of paper napkins is shown on the right. Handling: As the involved commodities are generally shipped unitized on lift truck skids or pallets, handling them should not pose any unusual or significant problems. Liability: Paper doilies, handkerchiefs or facial tissues, napkins, neck strips, placemats and tablecloths are not unusually susceptibility to theft, nor do they have the propensity to damage other freight with which transported. They may be damaged by the elements, but there is no evidence of a claim problem. They are not perishable. The value per pound ranges from $1.24 to $22.73 and averages $8.53. Subject 13, Page 5 of 6

80 SUBJECT 13 Relationship to CCSB Policies and Guidelines CCSB policy states that commodities or commodity groups exhibiting a wide density range not accurately reflected by a single overall average density may be assigned densitybased classes; especially where there are no unusual or significant stowability, handling or liability characteristics and where there is no other feasible means of effectively narrowing the range. Paper doilies, handkerchiefs or facial tissues, napkins, neck strips, placemats and tablecloths have an overall average density of pcf and have a range in density from 2.10 to pcf, with density figures distributed throughout the density range. CCSB clarification, simplification and uniformity policy calls for combining descriptions embracing related commodities. Item , Paper Goods, NOI, under the Paper Articles Group, provides extended full-scale density provisions. Also, the description in item provides for a variety of paper products, including doilies, placemats and handkerchiefs, the last commonly referred to as facial tissues 2 ; whereas item also provides for doilies and placemats, and item also provides for facial tissues. Combining these provisions in item and establishing a viz. description, as proposed, would be consistent with CCSB policies and precedent. For these reasons, this proposal is consistent with CCSB policies and precedent. 2 The most common term for these products in the United States is the brand name Kleenex tissues; however, it is a registered trademark of the manufacturer, Kimberly-Clark. Subject 13, Page 6 of 6

81 SUBJECT 14 Re: Drums or Kegs, NOI, sheet iron or steel, shipping, old (used) Staff Contact: Lisa K. Winter Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CARRIERS, SHIPPING, GROUP: subject to item Drums or Kegs, NOI, sheet iron or steel, shipping, old (used), see Note, item 40831: Sub 1 Sides made wholly of 16-gauge or thicker sheet Sub 2 Sides in thinnest part not thinner than 19 gauge nor thicker than Sub 3 17 gauge Sides in thinnest part not thinner than 26 gauge nor thicker than 20 gauge NOTE Applies only on containers being returned via the carrier or carriers that handled the filled inbound move. Shipper must certify on shipping orders and bills of lading at time of shipment as follows: Shipment consists of empty containers not exceeding an equal number of the same size and type as received by the same carrier or carriers handling the filled inbound move. SHEET STEEL ARTICLES GROUP: subject to item Containers, viz.: Barrels, Drums or Kegs, NOI, shipping, see Note, item ; [Remainder of Articles Not Involved.] In packages, see Note, item , subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE Not Involved NOTE Not Involved NOTE Not Involved. 1 Provisions as approved on Docket , Subject 4 (February, 2009) and appearing in Supplement 2 to NMF 100-AI, effective April 25, Subject 14, Page 1 of 4

82 SUBJECT 14 Proposed Classification Provisions Item Description Class CARRIERS, SHIPPING, GROUP: subject to item Drums or Kegs, NOI, sheet iron or steel, shipping, old (used), etc.... Cancel; see item NOTE Cancel; no further application. SHEET STEEL ARTICLES GROUP: subject to item Containers, etc.... No Change NOTE No Change NOTE No Change NOTE No Change. Analysis BACKGROUND Pursuant to the Interstate Commerce Act, as amended by the Motor Carrier Act of 1980, the Trucking Industry Regulatory Reform Act of 1994, and Title VI of the Federal Aviation Administration Authorization Act of 1994, which, in effect, eliminated antitrust immunity for collective action on exempt commodities, the NMFC was amended to remove the classes shown in items that applied only on such commodities by inserting the term Exempt in place of the class(es) in the class column. The majority of these revisions were made in Supplement 11 to NMF 100-U, effective January 1, Additional changes were made in Supplement 13 to NMF 100-U, effective April 29, As a result of the organizational and procedural changes pertaining to classificationmaking after the STB s decision served on May 7, 2007, which terminated its approval of the Agreement of the former National Classification Committee (NCC), and thus removing its antitrust immunity, the NMFC provisions are no longer made collectively by motor carriers and, therefore, are no longer subject to the antitrust risks associated with collective action. For this reason, as a result of action taken on Subject 4 of Docket (February, 2009), the classes for exempt commodities were reinstated. The changes appear in Supplement 2 to NMF 100- AI, effective April 25, One of the items that provided for exempt commodities is item 40830, which names Drums or Kegs, NOI, sheet iron or steel, shipping, old (used). Under the approved provisions, item assigns classes predicated on the gauge or thickness of the sides. Item was established for Sheet Steel Containers as a result of action taken on Subject 12 of Docket (February, 2008). It provides extended full-scale density provisions. While containers identical in nature to those described in item were evaluated at the time, as the used containers were exempt, they could not be included in the provisions of item Subject 14, Page 2 of 4

83 SUBJECT 14 SCOPE OF RESEARCH PROJECT 999 Research Project 999 was an extensive study on the transportation characteristics of Sheet Steel Containers. Initially 200 potential manufacturers or shippers of sheet steel containers and two trade associations: the Reusable Industrial Packaging Association (RIPA) and the Industrial Packaging Alliance of North America were contacted. Surveys were sent on April 7, 2005 and again on January 19, 2006 to those entities that had not responded to the initial survey. RIPA then sent survey forms to its membership. Thirty-two manufacturers or reconditioners of sheet steel shipping containers responded with useable information. Further data was derived from carrier density reports and the density study. In total, 3,515 density figures on sheet steel containers, which included 2,453 figures on sheet steel drums, were obtained. TRANSPORTATION CHARACTERISTICS The following analysis of the transportation characteristics is derived from Subject 12 of Docket DENSITY: Sheet steel containers have an overall density range from 1.17 to pcf and an overall average or mean density of 6.38 pcf. The median density is 4.74 pcf and the mode is 3.75 pcf. This indicates that the simple average density may not be reflective of the majority of densities of sheet steel containers moving in less-than-truckload equipment and that most known densities are lower than the simple average. The frequency distribution chart below shows that sheet steel containers have a broad density range. While there is a clustering of density figures in the 2 but less than 6 pcf density range, the figures are distributed throughout the density range. SHEET STEEL CONTAINERS 35% 33% 32% % of Figures in Interval 30% 25% 20% 15% 10% 5% 0% 0% 1% Less than 1 1 but less than 2 2 but less than 4 4 but less than 6 13% 6 but less than 8 7% 8 but less than 10 Density Intervals (pcf) 5% 4% 10 but less than but less than 15 3% 15 but less than % 1% 22.5 but less than or greater Subject 14, Page 3 of 4

84 SUBJECT 14 Sheet steel drums have a density range from 1.17 to pcf and a density average of 6.42 pcf. % of Figures in Interval 40% 35% 30% 25% 20% 15% 10% 5% 0% SHEET STEEL DRUMS 39% 30% 10% 7% 5% 0% 1% 4% 3% 1% 1% Density Intervals (pcf) STOWABILITY AND HANDLING: Sheet steel drums may be shipped on lift truck skids or pallets, or loose 2. When shipped loose, sheet steel drums may be dented by freight with which stowed, but they are not known to pose any unusual or significant stowing or handling problems. LIABILITY: Sheet steel drums are not likely to damage other freight. When shipped loose, sheet steel drums may be dented by freight with which stowed, but there is no evidence of a claim problem. They are not unusually susceptible to theft. The value per pound of sheet steel drums ranges from $0.39 to $51.07 and averages $ The remaining liability traits would not impact significantly on an evaluation of these commodities. Relationship to CCSB Policies and Guidelines CCSB policy calls, in part, for providing uniformity in provisions addressing the same or similar circumstances published in conjunction with different items. CCSB density policy is to assign density-based classes to commodities exhibiting a wide density range, particularly where there are no unusual or significant stowability, handling or liability characteristics, as is the case with used sheet steel drums or kegs. Given that there is no longer a valid reason, or distinction, for commodities being listed in the Classification as exempt, it is in keeping with CCSB policy to cancel item with reference to item , as proposed. For these reasons, this proposal is in keeping with CCSB policy. 2 One shipment of record was in crates, but this appears to be an unusual method of packaging. Subject 14, Page 4 of 4

85 SUBJECT 15 Re: Item (Rule) 180, Performance Testing of Shipping Containers Staff Contact: Erin N. Topper Telephone (703) Proponent: Commodity Classification Standards Board Proposed Classification Provisions It is proposed to amend Item (Rule) 180, Performance Testing of Shipping Containers, as follows: ITEM 180 PERFORMANCE TESTING OF SHIPPING CONTAINERS This Rule provides an alternative to: the Test Shipment Permit program (Item 689); other packaging Rules except those relating to drums, pails and bags; and Numbered Packages. It is recommended for solving chronic damage problems and for providing an acceptable assurance level of packaging for articles of great value. In order to qualify as authorized methods of packaging under this Rule, shipping containers, including palletized loads, must be preshipment tested and successfully pass the following prescribed performance test requirements and meet the acceptance criteria as indicated. To accommodate the use of this Rule for packages where wrapping materials such as stretch wrap, shrink wrap, or paper are used in lieu of rigid outside containers, in addition to meeting the applicable performance requirements of Sections I and II, wrapped packages must be tested in accordance with ASTM D6344 Standard Test Method for Concentrated Impacts to Transport Packages. All faces of the package must be tested where wrapping is the only material covering a portion of the face, unless that face is the bottom of a package with an integral handling platform. Vertical distance of the test shall be 8 inches (0.2m), on impact energy of 1.0 foot-pounds (1.4 J). Shippers will be required to perform the specified minimum tests as often as necessary to maintain a satisfactory performance level of the packaged article (see Section VII. Certification section). Multiple test specimens are recommended when available and all specimens tested must pass. This Rule does not purport to address all of the safety issues, if any, associated with its use. It is the responsibility of the user of this Rule to establish appropriate safety and health practices and to determine the applicability of regulatory limitations or requirements prior to use. PERFORMANCE TEST REQUIREMENTS: All applicable shipping units must be tested as follows: Section I. Conditioning All specimens must be conditioned in an atmosphere of 73 F (23 C) minimum and 50% RH minimum for at least 24 hours for paper-based packaging and 12 hours for all others. Testing should be conducted in the same minimum atmosphere, and conditions must be recorded for each test conducted. If testing cannot be conducted in the minimum atmosphere, conduct the tests as soon as possible after the packaged products have been stored for 24 hours in the testing environment. Subject 15, Page 1 of 14

86 SUBJECT 15 Proposed Classification Provisions Continued Section II. Compression/Vibration Test Two alternate methods of testing are permissible, Methods (A) or (B). Either may be utilized, depending on test capability or product characteristics. Unless the shipping container has a skid or pallet outside base, or is marked with upright arrow symbols, the container must be tested in all three planes. When tested in all three planes, length of time in vibration must be 20 minutes in each of the three planes. If the container is 6 feet ft (1.83 m) or taller in height, and has either a skid or pallet outside base or is marked with upright arrows, the compressive load requirements in Methods (A) and (B) may be omitted. Method (A) (1) Shipping units must be vibration tested under a stacked compressive load for one (1) hour using the procedures of ASTM D4169 Schedule D, assurance level II, for random vibration. (2) Use a concentrated dead load (see description of load following formula in section (3)(a) below) to simulate miscellaneous freight loaded on top of a floor-stowed shipping unit in a trailer of 9 ft 108 in (2.7 m) inside height, determining the amount of load from this the formula in Table 1 or 2: Table 1: Method (A) Load Calculation LOAD = (10 pcf) x (108 in h) x (l x w) 1728 in 3 /ft 3 Where: 10 pcf = average density of LTL freight (pounds/cubic foot) (pcf) 108 in = inside height of trailer (inches) (in), see Note = conversion factor (in 3 /ft 3 ) h = height of shipping unit (inches) (in) l = length of shipping unit (inches) (in) w = width of shipping unit (inches) (in) In Metric: Table 2: Method (A) Load Calculation (Metric) LOAD = (162 kg/m 3 ) x (2.7 m h) x (l x w) Where: 162 kg/m 3 = average density of LTL freight (kg/m 3 ) 2.7 m = inside height of trailer (m), see Note 1 h = height of shipping unit (metres) (m) l = length of shipping unit (metres) (m) w = width of shipping unit (metres) (m) NOTE 1 If the package weighs less than 30 lbs (14 kg) or is 2 ft 3 (0.056 m 3 ) or less in size, the formula factor is reduced to 54 inches in (1.4 m) instead of 108 inches in (2.7 m) for packages under 30 pounds (14 kg) or 2 cubic feet (0.056 m 3 ) or less in size. Subject 15, Page 2 of 14

87 SUBJECT 15 Proposed Classification Provisions Continued LOAD: (3)(a) Load: The concentrated dead load shall consist of the following: RSC-style corrugated trays or HSC-style corrugated container(s) of doublewall construction having a corrugated medium maximum basis weight of 33 lb lbs (15 kg); a plywood sheet with a minimum thickness of ½ 0.5 in (13 mm) resting inside the container on the complete area of the bottom inner flaps of the container; and a block of lead or sand contained in plastic bag(s) evenly distributed over the bottom surface of the container to complete the required calculated load (sand weighs approximately 110 lb/ft 3 pcf (50 kg/m 3 )). The dead load container(s) must be larger than the test specimen, but must not overhang the specimen by more than 1½ 1.5 in (38 mm). The dead load container(s) must be fixtured affixed so that it cannot move inside the perimeter of the test specimen during testing. The test specimen should not be fastened to the vibration table and should be allowed some lateral movement, yet restricted so that it does not move from under the perimeter of the dead load. NOTE (3)(b)When test units have large top surfaces, i.e., any dimension exceeding 18 inches in (0.46 m), the dead load must be subdivided into smaller portions. If only one dimension exceeds 18 inches in (0.46 m), the load must be divided into two (2) equal portions along the longer dimension. If both dimensions exceed 18 inches in (0.46 m), the load must be divided into four (4) equal portions (See Figure #1 below) DEAD LOAD, DIVIDED INTO 4 EQUAL PARTS 9 TEST SPECIMEN EXAMPLE, OVERSIZE REQUIRING THAT DEAD LOAD BE DIVIDED INTO 4 EQUAL PARTS FIGURE #1 - EXAMPLE OF CONCENTRATED DEAD LOAD ON TEST SPECIMEN FOR RANDOM VIBRATION TEST TEST SPECIMEN SHOWN IN EXAMPLE MEASURES 30" X 20" X 20", LARGER THAN 18" IN BOTH LENGTH AND WIDTH, REQUIRING THAT THE DEAD LOAD BE DIVIDED INTO 4 EQUAL PARTS. Subject 15, Page 3 of 14

88 SUBJECT 15 Proposed Classification Provisions Continued Method (B) Shipping units must be subjected to compression and vibration in separate tests. A The compression test is conducted first and then the same shipping unit is vibration tested. (1) Conduct a compression test on the shipping unit, using either a machine compression test (per ASTM D642) or a constant load (dead weight) test (per ASTM D4577). Remove the force immediately after reaching the calculated value when conducting a machine compression test per ASTM D642. When conducting a compression test per ASTM D4577, maintain the constant load (dead weight) for one hour. Apply a force in the normal vertical shipping axis as calculated from this the formula in Table 3 or 4: Table 3: Method (B) Force Calculation FORCE (lbf) = (10 pcf) x (108 in h) x (l x w) x DF 1728 in 3 /ft 3 Where: FORCE lbf = pounds force (lbf) 10 pcf= average density of LTL freight (lbs/ft 3 ) (pcf) 108 in = inside height of trailer (inches) (in), see Note = conversion factor (in 3 /ft 3 ) h = height of shipping unit (inches) (in) l = length of shipping unit (inches) (in) w = width of shipping unit (inches) (in) DF = Design Factor from following Table 5 In Metric: Table 4: Method (B) Force Calculation (Metric) FORCE (N) = (162 kg/m 3 ) x (2.7 m h) x (l x w) x DF x 9.8 m/s 2 Where: N FORCE = Newtons (N) 162 kg/m 3 = average density of LTL freight (kg/m 3 ) 2.7 m = inside height of trailer (metres) (m), see Note 2 h = height of shipping unit (metres) (m) l = length of shipping unit (metres) (m) w = width of shipping unit (metres) (m) DF = Design Factor from following Table = metric conversion factor (m/s 2 ) Remove the force immediately after reaching the calculated value when conducting a machine compression test per ASTM D642. When conducting a compression test per ASTM D4577, maintain the constant load (dead weight) for one (1) hour. NOTE 2 If the package weighs less than 30 lbs (14 kg) or is 2 ft 3 (0.056 m 3 ) or less in size, the formula factor is reduced to 54 inches in (1.4 m) instead of 108 inches in (2.7 m) for packages under 30 pounds (14 kg) or 2 cubic feet (0.056 m 3 ) or less in size. Subject 15, Page 4 of 14

89 SUBJECT 15 Proposed Classification Provisions Continued DESIGN FACTOR: Table 5: Design Factor Shipping Unit Construction (a) A corrugated fibreboard or plastic container that may or may not have stress-bearing interior packaging using these materials, and where the product does not support any of the load. An example is a plastic bottled product in a corrugated box with a corrugated interior packing. (b) A corrugated fibreboard or plastic container that has stress-bearing interior packaging with rigid inserts such as wood. An example is an appliance packed in a corrugated box with wood-reinforced corner posts. (c) A container constructed of materials other than fibreboard or plastic that are not temperature or humidity sensitive or where the product supports the load directly. An example is a wood crate or box. Design Factor Machine Comp. Dead Weight ASTM D642 ASTM D (2) Using the same shipping unit, conduct a vibration test for a total of 60 minutes one hour. Any of the three following vibration methods may be used: random, ASTM D4169 Schedule E Level II; repetitive shock, ASTM D4169 Schedule F (vertical-linear motion); repetitive shock, ASTM D4169 Schedule F (rotary motion), see Note 3. NOTE 3 For high or unstable shipping units, random or vertical-linear tests may be preferred. Section III. Impact/Handling Test Following compression/vibration tests, the same shipping units must be impact/handling tested using the following procedures: Procedure (A) For packages having no external attached or integral pallet or skid and not in a palletized load, perform an impact/handling test as follows, see Notes 4 and 5: (1) Under 200 pounds lbs (91 kg) gross weight perform a free-fall drop test in accordance with ASTM D5276, using the following height and sequence: Table 6: Procedure (A) Drop Heights For Shipping Weight, lbs (kg) Drop Height, in (m) Up to and including 40 (18) 24 (0.61) 41 (19) up to and including 80 (36) 18 (0.46) 81 (37) up to and including 100 (45) 12 (0.30) 101 (46) up to and including 199 (90) 10 (0.25) Subject 15, Page 5 of 14

90 SUBJECT 15 Proposed Classification Provisions Continued Drop in sequence on these package surfaces for a total of 6 drops: (a) Top; (b) A side (using the side most prone to damage, if known); (c) An adjacent side (using the adjacent side most prone to damage, if known); (d) A bottom corner (using bottom corner most prone to damage, if known); (e) A bottom edge radiating from the diagonally opposite bottom corner (using the edge most prone to damage, if known). (f) The final drop must be on the bottom from a drop height at 1.5 times the specified height, where the bottom is defined as the surface upon which the package is most likely to rest during shipment (upright arrows also define the bottom for transport). NOTE 4 If a package with a long dimension begins to fall over after dropping on a corner or edge, do not catch or restrain the package. Let it fall over. However, if any package dimension is more than twice the drop height in its drop orientations, once dropped, the package may be prevented from tipping over. NOTE 5 The package should be designed to withstand drops from the specified height from any drop orientation. (2) For 200 pounds lbs (91 kg) gross weight and over perform an incline impact or a pendulum impact test according to ASTM D880, or a horizontal impact on a test machine with short duration shock programmer (ASTM D4003), as follows: (a) Impact the top, two adjacent sides and bottom at a final dolly minimum velocity of 5.75 feet per second ft/sec (1.75 m/sec); OR (b) Alternately, the impact test may be provided by free-fall from a drop height of 6.0 inches in (0.15 m) on the top, two adjacent sides and bottom. (c) Also conduct a rotational corner drop test (ASTM D6179) from a 6.0 inch in (0.15 m) height on a bottom corner and a rotational edge drop test on a bottom edge radiating from the diagonally opposite bottom corner. Procedure (B) For individual packages with external attached or integral pallets/skids, including crates, perform impact and handling tests as follows: (1) Based on the gross weight of the total load, perform a Rotational Flat Drop Test according to ASTM D6179 as follows: Table 7: Procedure (B) Drop Heights Weight, lbs (kg) Drop Height, in (m) Up to 500 pounds (227 kg) 12 inches (0.30 m) 500 pounds (227 kg) and over 9 inches (0.23 m) (a) With one bottom handling edge of the shipping unit supported by the floor, raise the other end to prescribed height and release it to fall flat on the floor. Repeat the test by lifting and dropping opposite bottom edge of shipping unit from same height. (b) When using the specified drop heights would result in an unstable (unsafe) condition, the greatest drop height consistent with safety should be used. The drop height should be carefully measured and recorded. Subject 15, Page 6 of 14

91 SUBJECT 15 Proposed Classification Provisions Continued (2) Impact Test Perform an incline impact test or a pendulum impact test according to ASTM D880, or a horizontal impact on a test machine with short duration shock programmer (ASTM D4003), impacting each of the four (4) sides at the final minimum velocity of 4.0 feet per second ft/sec (1.2 m/sec). Procedure (C) For palletized loads made up of a multiple number of containers or unitized loads of a bulk configuration, perform both impact tests listed above in Procedure (B). In addition: (1) In addition, Conduct a fork truck handling test according to ASTM D6055: Pick up shipping unit with lift truck having 36-inch-long in (0.9 m) forks (for longer forks, penetrate pallet only 36 in (0.9 m)); transport around test course, and set down. Repeat the moves four (4) more times for a total of five (5) moves. The test course should include at least one (1) right angle turn on a rigid flat surface representative of carrier terminals and warehouses. A modified 2 in x 6 in board with long edge beveled full height at 45 degrees (see sketch diagram below) shall be placed on the course in a position where both lift truck wheels on one side must pass over it during each handling sequence, and a second modified 2 in x 6 in board shall be placed on the course after the right angle turn in such a position that both lift truck wheels on the opposite side must pass over it during each handling sequence. The speed of the truck passing over the 2 in x 6 in boards and rounding the right angle turn shall be at least 2 mph (0.9 m/sec) (3.2 km/hr). Vertical alignment of palletized containers must be reasonably maintained throughout the test. OR (2) In addition, Conduct a repetitive shock test (Rotary Motion) in accordance with ASTM D999, Method 2A: Unitized pallet load of individual cases on a pallet must be subject to 10 minutes each in the "X" and "Y" directions. Place the load on the repetitive (Rotary) vibration machine. Operate equipment at nonsynchronous 30 out of phase between 165 and 200 R.P.M. rpm (180 rpm recommended) for duration of 10 minutes. Rotate 90 after 10 minutes and continue for the remainder of 10 minutes. Inspect for load containment and damage during and following testing. Section III. Ambient Test Conditions All specimens must be conditioned in an atmosphere of 73 F (23 C) minimum and 50 percent RH minimum for a minimum of 24 hours for paper-based packaging and 12 hours for all others. Testing should be conducted in the same minimum atmosphere, and conditions must be recorded for each test conducted. If testing cannot be conducted in the minimum atmosphere, conduct the tests as soon after removal from the minimum atmosphere as practicable. Subject 15, Page 7 of 14

92 SUBJECT 15 Proposed Classification Provisions Continued Section IV. Concentrated Impacts To accommodate the use of this Rule for packages where wrapping materials such as stretch wrap, shrink wrap, or paper are used in lieu of rigid outside containers, in addition to meeting the applicable performance requirements of Sections II and III, wrapped packages must be tested in accordance with ASTM D6344 Standard Test Method for Concentrated Impacts to Transport Packages. All faces of the package must be tested where wrapping is the only material covering a portion of the face, unless that face is the bottom of a package with an integral handling platform. Vertical distance of the test shall be 8 in (0.2 m), on impact energy of 1.0 foot-pounds (1.4 J). Section V. Documentation Test methods, conditions, and results must be recorded on the following form and permanently held on file for the duration the article is subject to this Rule. The name shown above the certificate certification symbol (Section VII) shall be the contact for such documentation. Changes in articles product construction and/or material or packages packaging require subsequent testing and documentation. At a minimum, the report should include the following: (1) Shipper requesting tests (including contact name, address, phone number and ); (2) Description of article, including model number, size, weight and other distinguishing features; (3) Description of shipping unit, including specifications of container and interior packaging; (4) Testing performed; (5) Conditioning and test conditions; (6) Acceptance criteria; (7) Condition of specimens (article and packaging) after testing; and (8) Laboratory performing tests (including contact name, address, phone number and ) Subject 15, Page 8 of 14

93 SUBJECT 15 Proposed Classification Provisions Continued National Motor Freight Classification Item 180 Package Performance Laboratory Test Report CCSB-Registered Testing Laboratory Date: Lab: Address: City, State Zip: Country: Reference No.: Lab Technician: Phone Number: Signature: Product / Package Information and Warehouse / Distribution Environment I. Product Information (including product name & model number) II. Package Information a. External container dimensions: b. Gross weight of packaged product: c. Sample size: d. Description of packaging and/or palletizing (including interior packing forms): III. Warehouse / Distribution Environment a. Clamp Lifts: Yes No b. Basiloid Lifts: Yes No c. Hanging Conveyors: Yes No Test Conditions and Procedure IV. Description of Conditioning and Test Conditions a. Average temperature: b. Average relative humidity: c. Length of time under conditions: Subject 15, Page 9 of 14

94 SUBJECT 15 Proposed Classification Provisions Continued V. Testing Performed (detailed description of test equipment used and test method followed) a. Compression/Vibration Testing i. Method (A) ii. Method (B) b. Impact/Handling Testing i. Procedure (A) ii. Procedure (B) iii. Procedure (C) c. Concentrated Impact Testing VI. Acceptance Criteria (full description of the test pass/fail criteria) VII. Results of Test (condition of specimen after testing) VIII. Attach photos of test specimen before and after testing. Shipper / Manufacturer Company Name: Address: City, State Zip: Country: Contact Name: Phone Number: Registration Number: Subject 15, Page 10 of 14

95 SUBJECT 15 Proposed Classification Provisions Continued Section VI. Acceptance Criteria (1) The shipping unit shall be deemed acceptable after performance testing if the following criteria are met: (a) The article is neither damaged nor nonfunctional. (b) The shipping unit has maintained its integrity and still affords reasonable protection against the normal hazards rigors of transportation. (2) The acceptance criteria of article damage and nonfunctionality must be predetermined before testing and included in the report. Section VII. Certification (1) Packages tested in accordance with this Rule and certified as such by the Commodity Classification Standards Board s (CCSB s) Packaging Consultant must conspicuously bear the following triangular symbol that is (3 inches in width in wide at the top and 3¾ 3.75 inches in height) in high, showing that they meet the minimum performance requirements specified. This marking is the responsibility of the shipper, ISTA (International Safe Transit Association), or any other third party or testing laboratory as identified above the symbol by name, city and state. Testing may must be conducted by the shipper or any other competent a testing laboratory that is registered with the CCSB, see Note 7. (2) Directly above each certification symbol there must be printed a CCSB Performance Test Registration Number. Such number will be issued on an annual basis by the CCSB upon receipt of a properly completed form requesting such a Registration Number, signed by the CCSB s Packaging Consultant or other CCSB member and certifying that the symbol and Registration Number will be imprinted only on those packages which have met the minimum performance test requirements specified. Further, the applicant must divulge on the form the location or locations where completed test report forms are available for inspection upon reasonable request. PERFORMANCE TEST REGISTRATION NUMBER NAME - CITY - STATE CERTIFIES THAT THIS SHIPPING UNIT MEETS THE PERFORMANCE REQUIREMENTS OF NMFC ITEM 180 TRANSIT TESTED LTL Subject 15, Page 11 of 14

96 SUBJECT 15 Proposed Classification Provisions Concluded (a) In the event of a damage claim, carriers may request a retest at a third party different CCSB-registered laboratory (see Note 1 7). The retest must be conducted according to the same test plan as was used for the certification testing; no alternative procedures or types of test equipment may be substituted. Should the shipping unit fail the retest, a second retest of two shipping units may be conducted at the third party second laboratory and both shipping units must pass the retest. (b) All shipping unit configurations and article sizes and variations must be tested and new reports filed for the purpose of certification by this Rule (see Note 2 6). Any time a packaging or product change is made, the required performance tests must be repeated. (c) When minor variations are made in articles, a single test sequence may be performed for certification, provided the variations have no effect on the degree of protective packaging required. Examples of minor variations may be color differences, electrical voltage/wiring, or left hand/right hand. NOTE 6 When the shipping unit certified is a palletized load or a unitized load, the packaged products in the load are not certified as individual shipping units unless they are also successfully tested as individual packages and are so certified. Such palletized or unitized loads must show the triangular certification symbol on an upper position of not less than one sidewall. NOTE 1 7 To qualify as a third party laboratory, such facilities the facility must register on an annual basis with the Commodity Classification Standards Board (CCSB). A list of registered third party laboratories is provided in Item 183. For the most up-to-date list of registered labs, please refer to the CCSB's website, Shippers with in-house laboratories that test their own products must also register on an annual basis with the CCSB. NOTE 2 When the shipping unit certified is a palletized load or a unitized load, the packaged products in the load are not certified as individual shipping units unless they are also successfully tested as individual packages and are so certified. Such palletized or unitized loads must show the triangular certification symbol on an upper position of not less than one sidewall. Analysis Research Project 1034 was initiated by a former Classification Panel that met in November of 2005 based on a report that indicated the test procedures in Items (Rules) 180 and 181 may no longer be relevant to today s industry and interpretation problems may exist with some of the procedures requirements. The Panel also voted to establish an ad hoc committee comprised of packaging professionals from various organizations, such as delegates from the International Safe Transit Association (ISTA), the Institute of Packaging Professionals (IoPP), a member carrier, a packaging testing laboratory and a packaging expert from the academic community to help update and clarify Items (Rules) 180 and 181. Subject 15, Page 12 of 14

97 SUBJECT 15 HISTORY Item (Rule) 180 first appeared in Supplement 10 to NMF 100-U, effective January 21, 1995, as a result of action taken on Subject 19 of Docket 945 (August, 1994), which was approved as modified. This rule was developed by a committee of packaging professionals consisting of representatives from NMFTA, ISTA and IoPP in order to establish a performance testing procedure for shipping containers that will be subjected to the less-than-truckload (LTL) environment. This procedure consists of compression, vibration, impact, handling and environmental tests used to simulate the conditions shipping containers are exposed to. Initially, this rule was put into effect for three years it was set to expire on January 21, 1998 in order to determine if it was beneficial to shippers and carriers. Since then the rule has been made permanent, and over the last 10 years, a number of amendments have been made in order to incorporate updated standards and to clarify terminology or procedures. ABOUT ITEM (RULE) 180 Since its inception, Item (Rule) 180 has gone through a multitude of changes, including amendments based on new data developed, the revision of referenced standards, and corrections in language or other details. However, the format of the rule is not consistent throughout and can be confusing to the user. In conjunction with this project, surveys regarding Item (Rule) 180 were ed to 46 members of the packaging industry, which included the ad hoc committee and CCSBregistered testing labs on June 10, 2008 and July 22, From those surveys, nine responses were received. Additional data and comments were received from nine sources during the course of the project. The specific provisions which have been the cause of interpretation questions over the last few years were also noted. The amount of information received was vast; however, upon review of the information there were differing opinions, which were not supported with enough data to justify amendments. Third party package testing labs are required to register with the CCSB in order to be authorized to test and certify the packaged products that pass this procedure. However, the current language in the Certification section in Item (Rule) 180 is less than clear on this point. Subject 15, Page 13 of 14

98 SUBJECT 15 Relationship to CCSB Policies and Guidelines Packaging and package testing are continuously changing and improving. CCSB policies state that packaging rules must be established to ensure freight is adequately protected in the motor carrier environment. One of the best ways to determine if packaging is capable of sufficiently protecting the commodities is through laboratory testing, which accounts for the dynamics of the transportation environment. Item (Rule) 180 was developed by packaging professionals with the dynamics of the LTL distribution system in mind to test shipping containers. Furthermore, CCSB policies state that sources of interpretation issues should be amended to address those issues. Due to the format and some of the language utilized, numerous interpretations exist within the current provisions. Finally, it should be noted that the CCSB will continue to work with packaging professionals to update the provisions of the rule on a case-by-case basis, as those provisions are identified. Therefore, updating Item (Rule) 180, including the registration and certification processes, as proposed, would be in keeping with CCSB policies and precedent. Subject 15, Page 14 of 14

99 SUBJECT 16 Re: Item (Rule) 181, Furniture Package Performance Testing Staff Contact: Erin N. Topper Telephone (703) Proponent: Commodity Classification Standards Board Proposed Classification Provisions It is proposed to amend Item (Rule) 181, Furniture Package Performance Testing, as follows: ITEM 181 FURNITURE PACKAGE PERFORMANCE TESTING This Rule provides an alternative to: Item 180; the Test Shipment Permit Program (Item 689); packaging provisions as found within the Furniture Group, item and the Furniture Parts Group, item 82750; and separate Numbered Packages, including the "F" and "S" Packages. It is recommended for solving chronic damage problems and for providing an acceptable assurance level of packaging for articles of furniture. This test procedure is to represent normal handling and distribution of cartoned boxed furniture or furniture parts. This Rule does not purport to address all of the safety issues, if any, associated with its use. It is the responsibility of the user of this Rule to establish appropriate safety and health practices. This test procedure does not apply to packages utilizing stretch or shrink plastic film wrapstyle shipping units. This procedure applies only to furniture that is fully contained within corrugated fibreboard shipping containers. Exceptions include corrugated fibreboard flanged, open-bottom containers only when the container is appropriately marked with UP arrows. Furniture tendered in a corrugated fibreboard container secured on a lift truck skid or pallet, or with a lift truck skid or pallet base, should be tested under Item 180. In order to qualify as authorized methods of packaging under this Rule, shipping containers must be preshipment tested by and successfully passing the following prescribed performance test requirements and must meet the acceptance criteria as indicated. Shippers will be required to perform the following specified minimum tests to be considered as an approved package and be eligible to certify shipping containers as specified within Section VI herein. Multiple test specimens are recommended when available, and all specimens tested must pass. For the purpose of retest uniformity, handling steps utilized in transporting the article (once fully packaged) from the production line to the warehouse to the testing laboratory, i.e., clamp trucks, baseloid lift trucks, hanging conveyors, must be identified and documented on test report form so that these procedures may be repeatable. Subject 16, Page 1 of 12

100 SUBJECT 16 Proposed Classification Provisions Continued Test Specimen Orientation and Nomenclature: Section I. Conditioning The test laboratory must record temperature and humidity conditions of the testing facility at the start of the test procedure. In addition, record the length of time test specimen was held in test facility prior to actual testing. All specimens must be conditioned in an atmosphere of 73 F (23 C) minimum and 50% RH minimum for at least 24 hours. Testing should be conducted in the same minimum atmosphere, and conditions must be recorded for each test conducted. If testing cannot be conducted in the minimum atmosphere, conduct the tests as soon as possible after the packaged products have been stored for 24 hours in the testing environment. Section II. Compression/Vibration Test Two alternative methods are permissible, Method (A) or (B). Method (A) (1) Shipping units must be vibration tested under a stacked, nonresponsive compressive load for twenty minutes on three axes using the procedures of ASTM D4169 Schedule D, Assurance Level II, for random vibration. The exception to this procedure: Shipping units clearly marked on at least two panels of the container with UP arrows require concentrated dead load to be applied only in the axis (axes) indicated by the UP arrow orientation. The vibration test must be performed on all three axes. (2) Use a concentrated dead load (see description of load following formula) to simulate miscellaneous freight loaded on top of a floor-stowed shipping unit in a trailer of 9 ft 108 in (2.7 m) inside height, determining the amount of load for each axis of test from this the formula in Table 1: Subject 16, Page 2 of 12

101 SUBJECT 16 Proposed Classification Provisions Continued Table 1: Method (A) Force Calculation FORCE (lbf) = (10 pcf) x (108 in H h) x (L l x W w) x DF cubic inches per cubic foot (see Note 2) Where: FORCE: Definitions FORCE (lbf) = pounds of force (lbf) 10 pcf = average density of LTL freight (pounds per cubic ft) (pcf) 108 in (see Note 1) = inside height of trailer (inches) (in), see Note cubic inches per conversion from cubic inches to cubic feet in 3 cubic foot = to ft 3 H (inches) h = height of shipping unit in the test orientation (inches) (in) L (inches) l = length of shipping unit in the test orientation (inches) (in) W (inches) w = width of shipping unit in the test orientation (inches) (in) DF (Design Factor) 5 = 5 Design Factor (DF) (a)the concentrated dead load, (see Notes 2 and 3), shall consist of: 1. Dead load container(s). 2. Plywood sheet(s) must be larger than test specimen's top dimension. (b) The test specimen should not be fastened to the vibration table. Lateral movement is permitted, but yet restricted so that the test specimen does not move from under the perimeter of the dead load. NOTE 1 If the package weighs less than 30 lbs (14 kg) or is 2 ft 3 (0.056 m 3 ) or less in size, the formula factor is reduced to 54 inches in (1.4 m) instead of 108 inches in (2.7 m) for packages under 30 pounds (14 kg) or 2 cubic feet (3456 cubic inches) or less in size. NOTE 2 To avoid any gross distortion of calculated loads, a maximum dead load of 750 pounds lbs (340 kg) should be utilized when the calculated dead load does not meet this limitation. NOTE 3 For step or form-fitting containers, the load may be applied proportionately, dividing the total load by the surface area of the panels formed by stepping. Method (B) Shipping units must be subjected to compression and vibration in separate tests. A compression test is conducted first, and then the same shipping unit is vibration tested. (1) Conduct a compression test on the shipping unit, using either a machine compression test (per ASTM D642) or a constant load (dead weight) test (see Notes 1 5, 6 and 7). Apply a force in each of the three axes (exception as in Method (A) stating that shipping units clearly marked on at least two panels of the container with UP arrows requires compression to be applied only in the axis (axes) indicated by the UP arrow orientation) as calculated from the following formula in Table 2: Subject 16, Page 3 of 12

102 SUBJECT 16 Proposed Classification Provisions Continued Table 2: Method (B) Force Calculation FORCE (lbf) = (10 pcf) x (108 in H h) x (L l x W w) x DF cubic inches per cubic foot(see Note 2) Where: FORCE: Definitions FORCE (lbf) = pounds of force (lbf) 10 pcf = average density of LTL freight (pounds per cubic ft) (pcf) 108 in (see Note 1) = inside height of trailer (inches) (in), see Note cubic inches per conversion from cubic inches to cubic feet cubic foot = in 3 to ft 3 H (inches) h = height of shipping unit in the test orientation (inches) (in) L (inches) l = length of shipping unit in the test orientation (inches) (in) W (inches) w = width of shipping unit in the test orientation (inches) (in) DF (Design Factor) 5 = 5 Design Factor (DF) NOTE 1 4 If the package weighs less than 30 lbs (14 kg) or is 2 ft 3 (0.056 m 3 ) or less in size, the formula factor is reduced to 54 inches in (1.4 m) instead of 108 inches in (2.7 m) for packages under 30 pounds (14 kg) or 2 cubic feet (3456 cubic inches) or less in size. NOTE 2 5 To avoid any gross distortion of calculated loads, a maximum dead load of 750 pounds lbs (340 kg) should be utilized when the calculated dead load does not meet this limitation. NOTE 3 6 For step or form-fitting containers, the load may be applied proportionately, dividing the total load by the surface area of the panels formed by stepping. NOTE 4 7 When conducting a constant load compression test, load and maintain the Compression Dead Load for one hour. When conducting a machine compression test per ASTM D642, remove the force immediately after reaching a DF of 7.0. (2) Using the same shipping unit, without applying any compression force or load, conduct a vibration test for twenty minutes in each of the three axes for a total of sixty minutes one hour as defined earlier within the section. Any of the three following vibration methods may be used: (a) Random, ASTM D4169 Schedule E Level II (b) Repetitive shock, ASTM D4169 Schedule F (vertical-linear motion) (c) Repetitive shock, ASTM D4169 Schedule F (rotary motion) Subject 16, Page 4 of 12

103 SUBJECT 16 Proposed Classification Provisions Continued Section III. Impact/Handling Tests Following compression/vibration tests, the same shipping units must be impact/handling tested using one of the following procedures: Procedure (A) Under 150 pounds lbs AND/OR under 130 combined united inches, from the formula of (2 x L l) + (2 x W w) + H h, perform a free-fall drop test, distributed as follows: on six faces, three edges, and one corner using the following heights in Table 3 and sequence in Table 4: Table 3: Procedure (A) Drop Heights Shipping Weight, lbs (kg) Drop Height/Inches, in (cm) 0 25 pounds (0 11) 30 (76) Over pounds (Over 11 18) 24 (61) Over pounds (Over 18 36) 18 (46) Over pounds (Over 36 45) 12 (31) Over pounds (Over 45 68) 10 (25) Sequence of drops: Table 4: Procedure (A) Drop Sequence Sequence # Orientation Specific face, edge or corner 1 Corner Most fragile face-3 corner, if not known, test Edge Shortest edge radiating from the corner tested 3 Edge Next shortest edge radiating from the corner tested 4 Edge Longest edge radiating from the corner tested 5 Face One of the smallest faces 6 Face Opposite small face 7 Face One of the medium faces 8 Face Opposite medium face 9 Face One of the largest faces 10 Face Opposite large face Subject 16, Page 5 of 12

104 SUBJECT 16 Proposed Classification Provisions Continued Procedure (B) Perform tests as described in paragraphs sections (1) AND (2) below: (1) For 150 pounds lbs or greater AND/OR 130 combined united inches or greater from the formula of (2 x L l) + (2 x W w) + H h: (a) Perform an incline impact test according to ASTM D880, or a horizontal impact on a test machine with short duration shock programmer (ASTM D4003). Impact velocity of 5.75 feet per second ft/sec (1.75 m/sec), using the sequence in Table 5. Impact Sequence: Table 5: Procedure (B) Impact Sequence Sequence Location of Impact 1 One of the smallest faces 2 Opposite small face 3 One of the medium faces 4 Opposite medium face 5 One of the largest faces 6 Opposite largest face OR (b) Perform a free-fall drop height of 6 in (0.15 m) on the top (face 1), two adjacent sides (faces 2 and 5), and the bottom (face 3) of shipping container for a total of 4 four drops. (2) In addition, when the shipping container length dimension is greater than the height dimension; conduct an 8 in (0.20 m) rotational edge drop in accordance with ASTM D on the following four edges formed by faces: 4 and 5, 2 and 5, 4 and 6, and finally 2 and 6 for a total of 4 four drops. If the shipping container height dimension is greater than the length dimension, perform test on the following four edges formed by faces: 3 and 6, 3 and 5, 1 and 5, and finally 1 and 6. Subject 16, Page 6 of 12

105 SUBJECT 16 Proposed Classification Provisions Continued Section IV. Documentation Test methods, conditions, and results must be recorded on the following form and permanently held on file for the duration the article is subject to this Rule. The name shown in the certification symbol, displayed in Section VI of this Rule, shall be the contact for such documentation. Any changes in packaging will require subsequent testing and documentation. Changes in product constructions and/or materials that could affect the initial test results will also require subsequent testing and documentation. Changes in product construction and/or material or packaging require subsequent testing and documentation. At a minimum, the report should include the following: (1) Shipper requesting tests (including contact name, address, phone number and ); (2) Description of article, including model number, size, weight and other distinguishing features; (3) Description of shipping unit, including specifications of container and interior packaging; (4) Testing performed; (5) Conditioning and test conditions; (6) Acceptance criteria; (7) Condition of specimens (article and packaging) after testing; and (8) Laboratory performing tests (including contact name, address, phone number and ) Subject 16, Page 7 of 12

106 SUBJECT 16 Proposed Classification Provisions Continued National Motor Freight Classification Item 181 Furniture Package Performance Laboratory Test Report CCSB-Registered Testing Laboratory Date: Lab: Address: City, State Zip: Country: Reference No.: Lab Technician: Phone Number: Signature: Product / Package Information and Warehouse / Distribution Environment I. Product Information (including product name & model number) II. Package Information a. External container dimensions: b. Gross weight of packaged product: c. Sample size: d. Description of packaging and/or palletizing (including interior packing forms): III. Warehouse / Distribution Environment a. Clamp Lifts: Yes No b. Basiloid Lifts: Yes No c. Hanging Conveyors: Yes No Test Conditions and Procedure IV. Description of Conditioning and Test Conditions a. Average temperature: b. Average relative humidity: c. Length of time under conditions: Subject 16, Page 8 of 12

107 SUBJECT 16 Proposed Classification Provisions Continued V. Testing Performed (detailed description of test equipment used and test method followed) a. Compression/Vibration Testing i. Method (A) ii. Method (B) b. Impact/Handling Testing i. Procedure (A) ii. Procedure (B) VI. Acceptance Criteria (full description of the test pass/fail criteria) VII. Results of Test (condition of specimen after testing) VIII. Attach photos of test specimen before and after testing. Shipper / Manufacturer Company Name: Address: City, State Zip: Country: Contact Name: Phone Number: Registration Number: Subject 16, Page 9 of 12

108 SUBJECT 16 Proposed Classification Provisions Continued Section V. Acceptance Criteria (1) The shipping unit shall be deemed acceptable after performance testing if the following criteria are met: (a) The article is neither damaged nor nonfunctional. (b) The shipping unit has maintained its integrity and still affords reasonable protection against the normal rigors of transportation. (2) The acceptance criteria of article damage and nonfunctionality must be predetermined before testing and included in the report. Section VI. Certification (a) (1) Packages tested in accordance with this item (Rule) and certified as such by the Commodity Classification Standards Board s (CCSB s) Packaging Consultant must conspicuously bear the following octagonal symbol that is (3 inches in by width and 3 inches in height, showing that they meet the minimum performance requirements specified, see Note 8. This marking is the responsibility of the shipper, ISTA (International Safe Transit Association),or any other third party or CCSB-registered testing laboratory, identified within the symbol by name, city and state. Testing may must be conducted by the shipper on their own products or by any other competent CCSB-registered testing laboratory, see Note 9. (2) Directly above each certification symbol there must be printed an NMFTA a CCSB Performance Test Registration Number. Such number will be issued on an annual basis by the National Motor Freight Traffic Association CCSB upon receipt of a properly completed form requesting such a Registration Number, signed by the Manager of Packaging CCSB s Packaging Consultant or other responsible individual CCSB member and certifying that the symbol and Registration Number will be imprinted only on those packages which have met the minimum performance test requirements specified. Further, the applicant must divulge on the form the location or locations where completed test report forms are available for inspection upon reasonable request. PERFORMANCE TEST REGISTRATION NUMBER NAME - CITY - STATE CERTIFIES THAT THIS SHIPPING UNIT MEETS THE PERFORMANCE REQUIREMENTS OF NMFC ITEM 181 FURNITURE TRANSIT TESTED LTL Subject 16, Page 10 of 12

109 SUBJECT 16 Proposed Classification Provisions Concluded NOTE 8 The use of the above certification symbol does not negate container marking required in Note, item 79022, paragraph (c). (b) (3) In the event of repeated damages, carriers may request a retest at a third party CCSB-registered laboratory. The retest must be conducted according to the same test plan as used for the initial certification testing. No alternative procedures or types of test equipment may be substituted. Should the shipping unit fail the retest, a second retest of two shipping units may be conducted at the third party a CCSB-registered laboratory and both shipping units must pass the retest. NOTE 9 To qualify as a third party laboratory, such facilities the facility must register on an annual basis with the Commodity Classification Standards Board (CCSB). A list of registered third party laboratories is provided in Item 183. For the most up-to-date list of registered labs, please refer to the CCSB's website, Shippers with in-house laboratories that test their own products must also register on an annual basis with the CCSB. Analysis Research Project 1034 was initiated by a former Classification Panel that met in November of 2005 based on a report that indicated the test procedures in Items (Rules) 180 and 181 may no longer be relevant to today s industry and interpretation problems may exist with some of the procedures requirements. The Panel also voted to establish an ad hoc committee comprised of packaging professionals from various organizations, such as delegates from the International Safe Transit Association (ISTA), the Institute of Packaging Professionals (IoPP), a member carrier, a packaging testing laboratory and a packaging expert from the academic community to help update and clarify Items (Rules) 180 and 181. HISTORY Due to the chronic damage problems that exist with the handling of furniture in the LTL environment, Item (Rule) 181 was established to test the performance of packages for furniture and furniture parts. Item (Rule) 181 first appeared in Supplement 5 to NMF 100-Z, effective July 22, 2000, as a result of action taken on Subject 19 of Docket (May, 2000), which was approved as docketed. Item (Rule) 181 provides an alternative to the packaging provisions found within the Furniture Group, item 79000, and the Furniture Parts Group, item 82750, the numbered F and S packages, Item (Rule) 180 and the Test Shipment Permit Program. ABOUT ITEM (RULE) 181 Since its inception, Item (Rule) 181 has gone through a multitude of changes, including amendments based on new data developed, the revision of referenced standards, and corrections in language or other details. However, the format of the rule is not consistent throughout and can be confusing to the user. Subject 16, Page 11 of 12

110 SUBJECT 16 In conjunction with this project, surveys regarding Item (Rule) 181 were ed to 46 members of the packaging industry, which included the ad hoc committee and CCSBregistered package testing labs on June 10, 2008 and July 22, From those surveys, nine responses were received. Additional data and comments were received from nine sources during the course of the project. The provisions which have been the cause of interpretation questions over the last few years were also noted. The amount of information received was vast; however, upon review of the information there were differing opinions, which were not supported with enough data to justify amendments. Third party package testing labs are required to register with the CCSB in order to be authorized to test and certify the packaged products that pass this procedure. Also, shippers that utilize the certification process are required to apply for a Registration Number for identification purposes. However, the current language in the Certification section is less than clear on these points. Relationship to CCSB Policies and Guidelines Packaging and package testing are continuously changing and improving. CCSB policies state that packaging rules must be established to ensure freight is adequately protected in the motor carrier environment. One of the best ways to determine if packaging is capable of sufficiently protecting the commodities is through laboratory testing, which accounts for the dynamics of the transportation environment. Item (Rule) 181 was developed by packaging professionals with the dynamics of the LTL distribution system in mind to test shipping containers for furniture and furniture parts. Furthermore, CCSB policies state that sources of interpretation questions should be amended to address those issues. Due to the format and some of the language utilized, numerous interpretations exist within the current provisions. Finally, it should be noted that the CCSB will continue to work with packaging professionals to update the provisions of the rule on a case-by-case basis, as those provisions are identified. Therefore, updating Item (Rule) 181, including the registration and certification processes, as proposed, would be in keeping with CCSB policies and precedent. Subject 16, Page 12 of 12

111 SUBJECT 17 Re: Item , Carriages, Strollers or Bicycle Carts or Trailers, child or baby carrying Staff Contact: Lisa K. Winter Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class VEHICLES, OTHER THAN SELF-PROPELLED: subject to item Carriages, Strollers or Bicycle Carts or Trailers, child or baby carrying, in boxes or Package 826, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 or greater Proposed Classification Provisions Item Description Class VEHICLES, OTHER THAN SELF-PROPELLED: subject to item Carriages, Strollers or Bicycle Carts or Trailers, child or baby carrying, in boxes or Package 826, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 or greater Analysis BACKGROUND The current provisions for Carriages, Strollers or Bicycle Carts or Trailers, child or baby carrying, were established as a result of action taken on Subject 4 of Docket 981 (February, 1998). That was a proposal by a former Classification Panel to amend the full-scale density provisions of item to name Doll Carriages or Strollers, and to amend item to Subject 17, Page 1 of 3

112 SUBJECT 17 provide for Carriages or Strollers or Bicycle Carts or Trailers, child or baby carrying, with seven density groupings and corresponding classes. This abridged version of the full-scale density-based provisions in item was predicated on the results of a research project on the involved products and suggestions made by Mr. Ray Bohman on behalf of the Juvenile Products Manufacturers Association (JPMA). TRANSPORTATION CHARACTERISTICS Density: When the present density scale was established in item , child- or babycarrying carriages or strollers or bicycle carts or trailers had the following density ranges and averages Data Commodity Density Range (pcf) Density Average (pcf) Carriages or Strollers 2.85 to (NCC Research) or 5.97 (JPMA) Bicycle Carts or Trailers 2.99 to Current information of record includes 965 density figures on child- or baby-carrying carriages, strollers or bicycle carts or trailers. This data shows a comparable average density to those from 1998, but a wider density range and is demonstrated in the table below. Current Data Density Range (pcf) Density Average (pcf) 0.99 to It should be noted that, while the density range is wide, only 4 of the 965 density observations of record, or 0.41 percent, are pcf or greater. Stowability: Carriages, strollers and bicycle carts or trailers are shipped in fibreboard boxes. As such, stowing these commodities should be comparable to stowing like packaged freight. Handling: These products should not pose any notable handling problems. Liability: These products are not unusually susceptible to damage nor are they likely to damage freight with which stowed. They are not unusually susceptible to theft. The current value per pound is unknown, but the 1998 value of carriages or strollers ranged from $2.11 to $4.87 per pound and averaged $3.23 per pound. The remaining liability traits do not impact significantly on an evaluation of the transportation characteristics of these commodities. Subject 17, Page 2 of 3

113 SUBJECT 17 Relationship to CCSB Policies and Guidelines CCSB policy states that commodities or commodity groups exhibiting a wide density range not accurately reflected by a single overall average density may be assigned densitybased classes; especially where there are no unusual or significant stowability, handling or liability characteristics and where there is no other feasible means of effectively narrowing the range. And where densities are distributed throughout the range, commodities or commodity groups may be assigned classes predicated on a full density scale. Child- or baby-carrying carriages, strollers or bicycle carts or trailers have a wide density range from 0.99 to pcf. However, the current provisions for the involved commodities, which are shown in item , do not follow the standard or the extended full density scale. While the known densities do not warrant the extended full-scale density-based provisions, as only 4 out of 965 figures are pcf or greater, they do warrant the density scale that ranges from less than 1 pcf at class 400 to 15 pcf or greater at class 70. For these reasons, this proposal is consistent with CCSB policies and precedent. Subject 17, Page 3 of 3

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115 SUBJECT 18 Re: Items (Rules) and 680, Note, item 79022, and New Rule For Numbered Packages Authorization and Certification Staff Contact: Erin N. Topper Telephone (703) Proponent: Commodity Classification Standards Board Proposed Classification Provisions It is proposed to amend Item (Rule) 222-1, Specifications for Fibreboard Boxes, Certificate of Box Manufacturer; Item (Rule) 680, Packing or Packaging General; and Note, item 79022; and to also add a new rule, Numbered Packages Authorization and Certification, as follows: ITEM SPECIFICATIONS FOR FIBREBOARD BOXES CERTIFICATE OF BOX MANUFACTURER (Applicable only in connection with Item 222) (a) No Change. (b) NUMBERED PACKAGES: (1) Numbered packages, see Item NEW, that contain provisions specifying boxes, containers, trays and component parts thereof to be made of fibreboard complying with the burst test, puncture test or edge crush test and other requirements of Tables A and B of Section 3 of Item 222, must bear a legible certificate of box manufacturer on an outside surface, in the form, size (3½ inches x 2 inches, plus or minus ¼ inch), type and wording as illustrated in either subparagraph (2) or (3). City and state may be either that of the manufacturing or corporate location. Where numbered packages authorize different tests of fibreboard for bodies and caps, test of the body only need be shown within certificate. When numbered package has a length of less than 10 inches or a width of less than 9 inches, certificate may be reduced in size, but outside dimensions must be not less than 2¼ x 1¼ inches. For doublewall and triplewall box specifications that refer to puncture test units, substitute the words 'Puncture Test Units' for 'Bursting Test Lbs. per Sq. In.' in the certificate below. Subject 18, Page 1 of 5

116 SUBJECT 18 Proposed Classification Provisions Continued (2) Certificate applicable to numbered packages containing provisions requiring compliance with the burst or puncture test and other requirements of Table A: (3) Certificate applicable to numbered packages containing provisions requiring compliance with the edge crush test and other requirements of Table B: ITEM 680 PACKING OR PACKAGING GENERAL General Sec. 1. (a) The separate descriptions of articles name the acceptable packing requirements, see Note 1. Numbered packages or other packing provisions (other than 'DOT Specification Number' packages, for which, see DOT's hazardous materials regulations) are authorized for use only when item descriptions contain reference thereto. The definitions of or specifications for packing requirements are named in: (1) Items 200 through NEW, (2) numbered packages and (3) Note references. The material and construction specifications therein are minimum requirements and must be observed. Whether or not interior packing devices are a part of specific requirements, interior packing devices must be provided where such are necessary to afford adequate protection against damage to the contents of a container. Articles or articles and necessary interior packing devices must reasonably occupy the full cubic capacity of the outer shipping container, see Notes 2, 3 and 4. Subject 18, Page 2 of 5

117 SUBJECT 18 Proposed Classification Provisions Continued Notes 1-4 No Change. Sec. 1. (b) No Change. Sec. 1. (c) Cancel; see Item NEW. Secs No Change. ITEM NEW NUMBERED PACKAGES AUTHORIZATION AND CERTIFICATION Sec. 1. The numbered packages, containers or other forms of shipment set forth in 'Specifications for Numbered Packages' are authorized for use ONLY when item descriptions contain reference to such specific package numbers. Package numbers containing no lettered suffix are in numerical sequence, followed by package numbers containing a lettered suffix ('F' or 'S' series), also in numerical sequence. Where package numbers are missing, no package specifications are assigned such unused numbers. Sec. 2. Numbered packages must bear a legible package certificate on an outside surface, in the form, size (3½ inches x 2 inches, plus or minus ¼ inch), type and wording as illustrated. City and state may be either that of the manufacturing or corporate location. When package has a length of less than 10 inches or a width of less than 9 inches, certificate may be reduced in size, but outside dimensions must be not less than 2¼ x 1¼ inches. Sec. 3. Except as specifically provided to the contrary in individual package descriptions, packages or containers referred to as 'boxes,' when made of fibreboard, must comply with the provisions of Item 222 and bear the appropriate certificate of box manufacturer as required in Item in addition to the package certificate shown in Sec. 2 of this rule. Subject 18, Page 3 of 5

118 SUBJECT 18 Proposed Classification Provisions Concluded Item Description Class NOTE (a)-(c) No Change. (d) All furniture packages of the 'F' or 'S' designation, constructed of corrugated fibreboard or in part as the outside shipping container must conspicuously bear the certificate of box manufacturer showing name, city and state of manufacturer, package number and burst, puncture or edge crush test as shown within Item 222-1(b)(2) and (3). (e) All numbered packages must also bear the package certificate, showing certifying company name, city and state, and package number, as shown in Item NEW. (f) Shipping orders and bills of lading must show package number of the package in which furniture is shipped. Where in the separate description of the article, specific package is not provided, but other form of shipping such as 'loose' or 'bundles' is provided such description must be shown. (g) Unless otherwise provided, where in individual packages the specifications require a 4-piece wood frame, whether or not diagonally braced, it must not be attached to the article. However, corrugated strips may be stapled to the inside of article structure with the other end of strip stapled to frame. (h) Articles with sliding doors in operating position must have such doors securely anchored and blocked in place. Analysis The NMFC contains hundreds of numbered packages, which are authorized expressly for the transportation of certain commodities and are essentially exceptions to the general packaging definitions and specifications. Shippers may utilize these package designs, but many, if not most, of these packages are currently not required to bear a certificate indicating the package is in compliance with the specifications. Also, there is no rule, per se, that provides general information about the numbered packages. Item (Rule) requires the circular box manufacturer s certificate (BMC) for complying fibreboard boxes, as well as a rectangular package certificate for numbered packages having complying fibreboard boxes, containers, trays or components. The package certificate is to be used in lieu of the BMC as a guarantee that the fibreboard component(s) of the numbered package complies with the construction requirements of Item (Rule) 222. Therefore, this is not a general certificate that is required on all numbered packages, and this certificate has been confusing as it is labeled as a Package Certificate not a Box Certificate. Sec. 1(c) of Item (Rule) 680 provides general information regarding the application and use of the numbered packages. However, this provision is pertinent to all numbered packages, and therefore, could be moved to a new rule describing the authorization and certification of numbered packages. Subject 18, Page 4 of 5

119 SUBJECT 18 Paragraph (d) of Note, item 79022, which applies to the Furniture Group, also references the certification of the fibreboard, as provided in Item (Rule) 222-1; however, some of the language may need clarification. Relationship to CCSB Policies and Guidelines CCSB policies state that rules published in the NMFC must be clear as to intent and be otherwise up-to-date. Information about the Specifications for Numbered Packages can be found in Items (Rules) and 680, however, there is no specific rule for these packages. In addition, shippers who utilize the numbered packages are not generally required to put a certification on the package stating that the specifications have been met. Therefore, it would be in keeping with CCSB policies to establish a new rule for the authorization and certification of numbered packages, which would include a new package certificate that would be required to be placed on those packages that meet the designated specifications. Amending Item (Rule) 680 by canceling the provisions of Sec. 1(c) with reference to the new rule would also be consistent with CCSB policies. Amending Item (Rule) 222-1, which provides the requirements for the certification of fibreboard and fibreboard boxes, to reference the new rule, as well as to modify some of the language for clarification purposes, would be consistent with CCSB policies. Also, amending the certifications for complying fibreboard components of numbered packages to read Box Certificate, instead of Package Certificate, as proposed, would be in keeping with CCSB clarification policies, as it is more specific and would avoid conflict with the new rule. Finally, clarifying the language in Note, item 79022, requiring the packages to bear the applicable box and package certificates, as proposed, would be in keeping with CCSB policies. Subject 18, Page 5 of 5

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121 SUBJECT 19 Re: Stall Partitions, shower bath, toilet or urinal Staff Contact: William F. Mascaro Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class PLUMBERS GOODS GROUP: subject to item Stall Partitions, shower bath, toilet or urinal: Sub 1 Iron or steel, in boxes, crates or Packages 986, 2047 or Sub 2 Other than iron or steel, NOI, in boxes, crates or Package Sub 3 Plastic, see Note, item , in boxes or crates NOTE Does not apply on hollow-molded or cellular, expanded or foam plastic partitions. See sub 2 for provisions applicable to hollow-molded or cellular, expanded or foam plastic stall partitions Stall Partitions, toilet, marble, with aluminum framing or trimming members attached or detached, with or without steel doors, in boxes or crates, see Note, item NOTE Also applies on installation or accessorial hardware when not exceeding 5 percent of weight upon which charges are assessed Stall Partitions, Doors, Posts or Stiles, shower bath, toilet or urinal, plywood or wood particleboard and laminated plastic sheet combined, in boxes or crates Proposed Classification Provisions Item Description Class PLUMBERS GOODS GROUP: subject to item Stall Partitions, shower bath, toilet or urinal, see Note, item , in boxes or crates: Sub 1 Iron or steel, also in Packages 986, 2047 or No Change Sub 2 Other than iron or steel, NOI, also in Package No Change Sub 3 Plastic, see Note, item No Change NOTE No Change Stall Partitions, shower bath, toilet or urinal, marble, with aluminum framing or trimming members attached or detached, with or without steel doors, see Note, item , in boxes or crates... No Change NOTE Also applies on installation or accessorial hardware in the same package. 1 Provisions shown are published in Supplement 3 to NMF 100-AI, effective August 22, Subject 19, Page 1 of 2

122 SUBJECT 19 Proposed Classification Provisions Concluded Item Description Class PLUMBERS GOODS GROUP: subject to item Stall Partitions, Doors, Posts or Stiles, shower bath, toilet or urinal, plywood or wood particleboard and laminated plastic sheet combined, see Note, item , in boxes or crates... No Change Analysis and Relationship to CCSB Policies and Guidelines Subject 15 of Docket (June 2009) was a proposal to establish a new item for plastic toilet or urinal stall partitions at class 60. The proposal was approved as modified with item being amended to provide a new subprovision for plastic stall partitions at class 65. Concurrently, sub 2, other than iron or steel, was amended to include NOI, for clarification. These changes are published in Supplement 3 to NMF 100-AI, with an effective date of August 22, During the discussion of this proposal, it was noted that the involved partitions were generally shipped with the hardware necessary for installation. The description, however, did not include a reference to the hardware, and item , as well as item , is silent as to whether the provisions allow for the inclusion of installation hardware. Item , applying on marble stall partitions does, however, provide for installation or accessorial hardware. This is confusing and may result in unnecessary interpretation disputes, which is contrary to CCSB policy. Amending items and , as proposed, to allow for the inclusion of hardware necessary for installation is in keeping with CCSB policy. While Note, item allows for installation or accessorial hardware, it is subject to a limitation that requires the hardware to not exceed 5 percent of the weight on which charges are assessed. In today s motor carrier environment, these restrictions are difficult to verify. Removing this restriction, as proposed, is in keeping with CCSB clarification policy. Items , and all apply on stall partitions, but items and refer to shower bath, toilet or urinal, while item only refers to toilet. This may also result in unnecessary interpretation disputes as these partitions, regardless of the material from which they are made, may all be used essentially for the same applications. CCSB policy calls for providing uniformity in provisions addressing the same or similar circumstances published in conjunction with different items. Amending item to reference shower bath or urinal as well as toilet stall partitions, as proposed, is in keeping with this policy. Likewise, amending item to reference in boxes or crates in the body of the description instead of each subprovision is in keeping with this CCSB policy. Based on the information detailed above, this proposal, as docketed, is in keeping with CCSB policy. Subject 19, Page 2 of 2

123 SUBJECT 20 Re: Doors, constructed with metal or wood frames and rigid facings Item Staff Contact: William F. Mascaro Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class BUILDING MATERIALS, MISCELLANEOUS, GROUP: subject to item NOTE Not Involved Panels, folding door, wall or partition, or Interior Partitions, see Note, item 35043, or Walls or Doors; constructed with metal or wood frames and rigid facings, see Notes, items 34282, and 35044; in boxes, crates or Packages 757 or 153F NOTE Cores (all space within frames and between facings) must be of cellular or solid construction or consist of insulating materials. Rigid facings may be of any material or combination of materials NOTE Does not apply on panels, partitions or screens which serve as portable (free standing) structures in offices, schools or other such locations. For provisions applicable on these commodities, see item 82500, 'Panels, Partitions or Screens, free standing.' NOTE Does not apply on cooling or freezing room panels, walls or doors; for class, see item Proposed Classification Provisions Item Description Class BUILDING MATERIALS, MISCELLANEOUS, GROUP: subject to item NOTE No Change Panels, folding door, wall or partition, or Interior Partitions, see Note, item 35043, or Walls; constructed with metal or wood frames and rigid facings, see Notes, items 34282, and 35044; in boxes, crates or Packages 757 or 153F... No Change NOTE No Change NOTE No Change NOTE No Change. Analysis Docket , Subject 22 (June, 2008) was a comprehensive proposal involving doors that sought to consolidate many of the existing items for interior and exterior doors into a single provision with classes based on density and the manner in which the door is packaged for shipment. The proposal was based on information developed through Research Project 964, which involved 24 different item descriptions and included over 48,000 density observations. The proposal was approved and the changes were published in Supplement 2 to NMF 100-AH, Subject 20, Page 1 of 2

124 SUBJECT 20 effective August 23, Prior to that proposal, the classification of doors was based on a hodgepodge of different items under several generic headings that provided descriptions based on a multitude of factors including the material consist of the door, the extent to which the door included glazing, if at all, and whether the door included a frame. It has subsequently been brought to the CCSB s attention that item provides, in part, for doors constructed with metal or wood frames and rigid facings. While not directly involved in Subject 22 of Docket , many of the items evaluated under that proposal involved doors with metal or wood frames and rigid facings. Examples include former item 34435, which named Doors, with honeycomb or lattice fibreboard core, hardboard framework and hardboard facings, and item 36370, which named Doors and Casings or Frames combined, with or without hardware applied, iron or steel, or wood covered with iron or steel or tin plate. The initial provisions of what is now item first appeared in Supplement 5 to NMFC A-4, effective August 12, 1958 as a result of action taken on Docket 79, Subject 31 (June, 1957). That was a proposal to establish an item for interior walls or partitions, including doors used on these partitions, consisting of molded pulp cores in steel frames, with facings of metal, wood, wallboard or plastic. The door was an integral part of the wall or partition and not a separate entity. As currently worded, however, the reference to doors in item may result in interpretation questions over the applicable provisions for any type of door constructed with a metal or wood frame and rigid facing. Relationship to CCSB Policies and Guidelines CCSB policy calls for descriptions to be as clear as possible regarding their intent to minimize the potential for interpretation disputes. Questions have arisen over the interpretation of item and whether the reference to doors applies on any door with a metal or wood frame and a rigid facing. This would be contrary to the intent of the action taken on Docket , Subject 22, which consolidated many of the then-existing provisions for interior and exterior doors into a single provision. Cancelling the reference to doors in item 35040, as proposed, and allowing the provisions of item 34265, naming Doors, NOI, other than rolling, to apply would be in keeping with CCSB policy and the intent of Docket , Subject 22 to group most doors together under a single provision. Subject 20, Page 2 of 2

125 SUBJECT 21 Re: Notes, items 80868, 80872, and , and Packages 9F, 10F, 12F, 90F, 143F, 147F and 148F Staff Contact: Erin N. Topper Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FURNITURE GROUP: subject to item Mattresses, NOI, see Notes, items and 79553; Upholstered Box Springs; or Waterbeds, see Note, item 79554; in Packages 5F, 10F, 12F, 47F, 90F or 154F; or in bales wrapped in paper and outer covering of burlap weighing not less than 10 ounces per square yard; subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than 4... Not Involved Sub 2 4 or greater... Not Involved NOTE Not Involved NOTE Not Involved NOTE Not Involved. Metallic or Wooden: subject to item Chairs or Stools: subject to item Revolving Chairs or Stools, NOI: Sub 1 SU, in Packages 7F, 8F, 31F, 87F, 144F, 147F, 3002S, 3005S or 3009S... Not Involved Subs 2-4 Not Involved Chaise Lounges, Couches, Davenports, Daybeds, Divans, Lounges, Sofas, Sofa Beds or Tete-a-tetes, upholstered or overstuffed, other than aluminum: Sub 1 Dual-purpose, see Note, item 80867, in Packages 3F, 5F, 10F, 23F, 41F, 46F, 87F, 143F, 147F, 148F, 3000S or 3009S, see Note, item Not Involved Sub 2 Other than dual-purpose: Sub 3 With standing backs or arms, in Packages 3F, 5F, 23F, 41F, 143F, 147F, 148F, 3000S, 3007S or 3009S, or overstuffed, in Packages 4F, 3000S, 3007S or 3009S; or steel porch- or patio-type sofas, with upholstered loose cushions, in Package 101F... Not Involved Sub 4 With backs detached or laid down flat, or without backs and without arms or ends, or with arms or ends detached, in Packages 5F, 23F or 41F, or KD flat, in Package 91F... Not Involved NOTE Not Involved. Subject 21, Page 1 of 11

126 SUBJECT 21 Present Classification Provisions Continued Item Description Class FURNITURE GROUP: subject to item Metallic or Wooden: subject to item NOTE When in Packages 10F or 46F, the following conditions must be met: Upholstered surfaces requiring protection against abrasion or rubbing must be covered by 30-pound Kraft paper or its equivalent. When in shipments weighing 10,000 pounds or more in Package 10F, fibreboard may test not less than 200 pounds, and package may be securely tied with rope or twine having an average straight-break of 440 pounds and an average cut-break of 195 pounds instead of metal straps, and packages must be marked 'Not acceptable for shipments weighing less than 10,000 pounds.' Chaise Lounges, Couches, Davenports, Daybeds, Divans, Lounges, Sofas, Sofa Beds or Tete-a-tetes, metal, NOI, with or without metal or wood ends, not upholstered nor overstuffed, see Note, item 80872, in Packages 2F, 3F, 5F or 19F: Sub 1 SU, with standing backs or with backs or leaves folded and tied to sides... Not Involved Sub 2 KD... Not Involved NOTE Classes will also apply on one pad, mattress, cushion or pillow when enclosed in same package with article. In shipments of 10,000 pounds or more, classes will also apply on one pad, mattress, cushion or pillow for each article when packaged separately in Packages 10F or 12F. Cots or Beds, folding, NOI: subject to item Steel frame, NOI: Sub 1 Thickness folded exceeding 12 inches, see Note, item 81042, loose or in packages... Not Involved Sub 2 Thickness folded exceeding 2 inches, but not over 12 inches, Sub 3 loose or in packages... Not Involved Thickness folded not exceeding 2 inches, loose or in packages... Not Involved NOTE Also applies on one accompanying mattress or pad when in Packages 10F or 12F, and enclosed in cot; or mattress or pad may be wrapped in 30-pound Kraft paper and enclosed in cot when cot is in a double-faced corrugated fibreboard hood, testing not less than 200 pounds, covering entire cot down to legs. When in shipments of 10,000 pounds or more, mattress or pad may be in Packages 10F or 12F, not enclosed in cot Steel frame, with coiled wire springs, folded: Sub 1 Thickness exceeding 12 inches, see Note, item 81042, or each compressed to thickness exceeding 3 inches, or not compressed, loose or in packages... Not Involved Sub 2 Each compressed to thickness not exceeding 3 inches, loose or in packages... Not Involved Subject 21, Page 2 of 11

127 SUBJECT 21 Present Classification Provisions Continued Item Description Class PLASTIC OR RUBBER ARTICLES OR MATERIALS, EXPANDED, GROUP: subject to item Articles, Forms or Materials, viz.: [ARTICLES LISTED NOT INVOLVED.] In bags, boxes or drums, see Note, item , subject to Items 170 and 171 and having a density in pounds per cubic foot of: Subs 1-9 Not Involved NOTE The following departures from packing requirements are permitted: 1-5. Not Involved. 6. Mattress forms or cores may be shipped in: bales wrapped in paper in outer covering of burlap weighing not less than 10 ounces per square yard; or Packages 5F, 10F, 12F or 90F. They may be shipped in shipments of 10,000 pounds or more, in Package 9F, except bags or wrappers may be glued, as provided in Package 12F, in lieu of tying, and such bags or wrappers must be marked, 'Not acceptable for shipments of less than 10,000 pounds.' 7-8. Not Involved NOTE Not Involved NOTE Not Involved. Package 9F Articles authorized for shipment in Package 9F will be accepted in any 'F' package authorized for furniture, including Package 25F (fibreboard boxes complying with all requirements of Item 222), or in crates complying with Item 245. In addition, shipments weighing 10,000 pounds or more may be completely wrapped as follows: (a) In not less than two thicknesses of 70-pound Kraft paper. Mattress bags may have a window not exceeding 32 square inches in area made of plastic film overlapping on paper not less than one inch. OR (b) In single-faced corrugated paper, basis weight of facing not less than 110 pounds, or in singlewall corrugated fibreboard testing not less than 125 pounds. OR (c) In waterproofed laminated paper having total basis weight of paper not less than 120 pounds. When wrapped as provided in (a), (b) or (c) above, wrapper must be securely tied or banded in place with at least two ties in one direction and one tie in the other direction. When articles are not packed singly, there must be pads or padding used between the articles to prevent damage from frictional rubbing. Subject 21, Page 3 of 11

128 SUBJECT 21 Present Classification Provisions Continued Package 10F In fibreboxes complying with all requirements of Item 222, for boxes testing not less than 200 pounds, except gross weight must not exceed 100 pounds, dimension limit not exceeding 140 united inches and boxes may have stitching flaps extending not more than 2 inches over end of container and be fastened with metal stitches not more than 2 1 /2 inches apart; or in fibre boxes complying with all requirements of Item 222, for boxes testing not less than 275 pounds, except gross weight limit must not exceed 190 pounds, dimension limit not exceeding 170 united inches; or in fibreboard boxes complying with all requirements of Item 222, for boxes testing not less than 350 pounds, except gross weight limit must not exceed 255 pounds, dimension limit not exceeding 170 united inches; or in fibre boxes constructed with full overlap flaps, the fibreboard testing not less than 350 pounds, except dimension limit must not exceed 185 united inches and gross weight must not exceed 160 pounds. OR When gross weight does not exceed 190 pounds, container may be closed by reinforced tape complying with Item 680, Sec. 9, placed at right angles to and over seams and must extend not less than 5 inches beyond score lines. Containers constructed with full overlap flaps must have not less than four strips of tape; containers of other than full overlap construction must have not less than six lengths of tape. Package 12F (1) In paper bags made of not less than three plies of Kraft paper as described in Item 200, combined sheets having basis weight of not less than 200 pounds with no sheet weighing less than 60 pounds. Lateral seams of each wall must be separately lap glued not less than 1 inch. The wall must be firmly glued together at both ends. Bottom closure must be overlapped and glued not less than 2 inches. Top closure must be overlapped and glued not less than 3 inches with self-seal adhesive. To insure a tight fit the dimensions of the bag must not exceed the dimensions of the mattress or box spring. All bags must bear the bag maker's certificate prescribed in Item 200 for paper bags. In addition, box springs must be protected by pads not less than 5 inches wide complying with Paragraphs (18), (19) or (27) of item and must be securely stapled to bottom of box spring frame the entire length of sides, around corners and extending not less than 12 inches along ends. Pads must extend not less than 3 inches over sides. (2) When bag does not exceed 100 united inches, it may be constructed of not less than two plies of Kraft paper having total basis weight of not less than 150 pounds and otherwise complying with Paragraph (1). (3) Bags may have a window not exceeding 32 square inches in area made of plastic film overlapping on paper not less than one inch. Subject 21, Page 4 of 11

129 SUBJECT 21 Present Classification Provisions Continued Package 90F In paper bags made of not less than two plies of Extensible Kraft paper as described in Item 200, combined sheets having basis weight of not less than 160 pounds, the outer sheet having basis weight not less than 80 pounds, OR In paper bags made of not less than two plies of Kraft paper as described in Item 200, combined sheets having basis weight of not less than 140 pounds, the outer sheet having basis weight not less than 70 pounds. Lateral seams of each wall must be separately lap glued not less than 1 inch and walls must be firmly glued together at both ends. Bottom closure must be overlapped and glued not less than 2 inches or securely closed by stitching with heavy weight thread. Top closure must be overlapped and glued not less than 3 inches with self-seal adhesive or securely closed by stitching with heavy weight thread. To insure a tight fit, the dimensions of bag must not exceed dimensions of the mattress or box springs. All bags must bear the bag maker's certificate prescribed in Item 200 for paper bags. Pads not less than 5 inches wide complying with Paragraphs (18), (19), (27) or (30) of Note, item 79024, must be securely stapled to bottom of box spring frame or must be inserted and glued between the plies of the paper bag so that the pads extend the entire length of sides, around corners and not less than 12 inches along ends. Pads must extend not less than three inches over sides of box springs. Bags may have a window not exceeding 32 square inches in area made of plastic film overlapping on paper not less than one inch. Package 143F SHIPPING CONTAINER: A fibreboard tray covering bottom of article with entire unit covered with a 7-ply gusset bag, outfitted with interior forms as necessary to allow for shipment on end. Arm Covers Arms having exposed wood must be protected by 4-ply Kraft covers. Plastic Film Bag Article must be covered by a bag of 2-mil thickness, tri-extruded (high molecular weight, linear low density, high molecular weight) plastic film. Tray Article must rest within a design-style corrugated fibreboard tray testing 275 pounds having a depth of not less than four inches. Shipping Bag A 7-ply gusset paper bag must be placed over top of article and be securely stapled to tray sidewalls: Ply 1 (outer): 50-pound extensible wet strength virgin Kraft Plies 2-5: 40-pound indented Kraft Ply 6: 40-pound Natural Kraft Ply 7: 50-pound extensible wet strength Kraft Article must be positioned and secured within to allow for shipment vertically on end. Tray must be labeled with appropriate 'UP' arrows. Subject 21, Page 5 of 11

130 SUBJECT 21 Present Classification Provisions Concluded Package 147F Applicable only for shipments weighing 10,000 pounds or more. SHIPPING CONTAINER: Article must have fibreboard end cap and fibreboard bottom tray and be completely enclosed within polyethylene shrink film. Inner Wrap Article must be totally enclosed in a fully-laminated bag constructed of a linear low-blended polyethylene film or a polypropylene film of not less than 2 mils in thickness, and a closed-cell foam not less than 3 /32-inch thick, 1.2-pound density polyethylene or.6- pound density polypropylene. End Cap Corrugated fibreboard cap testing not less than 200 pounds must be placed on one end of article, with flange extending a minimum of six inches inward of article to permit loading of article on end. Bottom Tray Full-length, doublewall corrugated fibreboard tray testing not less than 250 pounds must be placed on bottom of article, with flanges extending a minimum of four inches in height. Outer Wrap Unit must be enclosed within low-density polyethylene shrink film of minimum five-mil thickness. Package 148F Applicable only for shipments weighing 10,000 pounds or more. SHIPPING CONTAINER: A 6-ply gusset paper bag placed over the top of article, covering top, sides and one-quarter of the bottom of entire unit. Bag must be secured to the base of the unit with 2 inch tape or staples. Bag Construction Ply 1: 50 pound Extensible Kraft Paper Ply 2, 3 and 4: 40 pound Indented Kraft Paper Ply 5: 50 pound Extensible Kraft Paper Ply 6: 2 mil plastic film liner tri-extruded with one layer of linear low density film between two layers of high molecular weight film. All plies must be completely sewn together on one side gusset and on the top of the bag. Subject 21, Page 6 of 11

131 SUBJECT 21 Proposed Classification Provisions Item Description Class FURNITURE GROUP: subject to item Mattresses, NOI, see Notes, items and 79553; Upholstered Box Springs; or Waterbeds, see Note, item 79554; in Packages 5F, 10F, 47F or 154F, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than 4... No Change Sub 2 4 or greater... No Change NOTE No Change NOTE No Change NOTE No Change. Metallic or Wooden: subject to item Chairs or Stools: subject to item Revolving Chairs or Stools, NOI: Sub 1 SU, in Packages 7F, 8F, 31F, 87F, 144F, 3002S, 3005S or 3009S... No Change Subs 2-4 No Change Chaise Lounges, Couches, Davenports, Daybeds, Divans, Lounges, Sofas, Sofa Beds or Tete-a-tetes, upholstered or overstuffed, other than aluminum: Sub 1 Dual-purpose, see Note, item 80867, in Packages 3F, 5F, 10F, 23F, 41F, 46F, 87F, 3000S or 3009S, see Note, item No Change Sub 2 Other than dual-purpose: Sub 3 With standing backs or arms, in Packages 3F, 5F, 23F, 41F, 3000S, 3007S or 3009S, or overstuffed, in Packages 4F, 3000S, 3007S or 3009S; or steel porch- or patio-type sofas, with upholstered loose cushions, in Package 101F... No Change Sub 4 With backs detached or laid down flat, or without backs and without arms or ends, or with arms or ends detached, in Packages 5F, 23F or 41F, or KD flat, in Package 91F... No Change NOTE No Change NOTE When in Packages 10F or 46F upholstered surfaces requiring protection against abrasion or rubbing must be covered with nonabrasive packaging material Chaise Lounges, Couches, Davenports, Daybeds, Divans, Lounges, Sofas, Sofa Beds or Tete-a-tetes, metal, NOI, with or without metal or wood ends, not upholstered nor overstuffed, see Note, item 80872, in Packages 2F, 3F, 5F or 19F: Sub 1 SU, with standing backs or with backs or leaves folded and tied to sides... No Change Sub 2 KD... No Change NOTE Classes also apply on one pad, mattress, cushion or pillow when enclosed in same package with article. Subject 21, Page 7 of 11

132 SUBJECT 21 Proposed Classification Provisions Continued Item Description Class FURNITURE GROUP: subject to item Metallic or Wooden: subject to item Cots or Beds, folding, NOI: subject to item Steel frame, NOI: Sub 1 Thickness folded exceeding 12 inches, see Note, item 81042, loose or in packages... No Change Sub 2 Thickness folded exceeding 2 inches, but not over 12 inches, Sub 3 loose or in packages... No Change Thickness folded not exceeding 2 inches, loose or in packages... No Change NOTE Also applies on one accompanying mattress or pad when in Package 10F and enclosed in cot; or mattress or pad may be wrapped in 30-pound Kraft paper and enclosed in cot when cot is in a double-faced corrugated fibreboard hood, testing not less than 200 psi, covering entire cot down to legs Steel frame, with coiled wire springs, folded: Sub 1 Thickness exceeding 12 inches, see Note, item 81042, or each compressed to thickness exceeding 3 inches, or not compressed, loose or in packages... No Change Sub 2 Each compressed to thickness not exceeding 3 inches, loose or in packages... No Change PLASTIC OR RUBBER ARTICLES OR MATERIALS, EXPANDED, GROUP: subject to item Articles, Forms or Materials, viz.: [ARTICLES LISTED NO CHANGE.] In bags, boxes or drums, see Note, item , subject to Items 170 and 171 and having a density in pounds per cubic foot of: Subs 1-9 No Change NOTE The following departures from packing requirements are permitted: 1-5. No Change. 6. Mattress forms or cores may be shipped in Packages 5F or 10F No Change NOTE No Change NOTE No Change. Package 9F Articles authorized for shipment in Package 9F will be accepted in any 'F' package authorized for furniture, including Package 25F (fibreboard boxes complying with all requirements of Item 222), or in crates complying with Item 245. Subject 21, Page 8 of 11

133 SUBJECT 21 Proposed Classification Provisions Concluded Package 10F (a) In fibreboard boxes complying with all requirements of Item 222, for boxes testing not less than 200 psi, except gross weight must not exceed 100 pounds, dimension limit not exceeding 140 united inches and boxes may have stitching flaps extending not more than 2 inches over end of container and be fastened with metal stitches not more than 2 1 /2 inches apart; OR (b) In fibreboard boxes complying with all requirements of Item 222, for boxes testing not less than 275 psi, except gross weight must not exceed 190 pounds, dimension limit not exceeding 170 united inches; OR (c) In fibreboard boxes complying with all requirements of Item 222, for boxes testing not less than 350 psi, except gross weight must not exceed 255 pounds, dimension limit not exceeding 170 united inches; OR (d) In fibreboard boxes constructed with full overlap flaps, the fibreboard testing not less than 350 psi, except dimension limit must not exceed 185 united inches and gross weight must not exceed 160 pounds. OR (e) When gross weight does not exceed 190 pounds, container may be closed by reinforced tape complying with Item 680, Sec. 9, placed at right angles to and over seams and must extend not less than 5 inches beyond score lines. Containers constructed with full overlap flaps must have not less than four strips of tape; containers of other than full overlap construction must have not less than six lengths of tape. Cancel; no further application. Cancel; no further application. Cancel; no further application. Cancel; no further application. Cancel; no further application. Package 12F Package 90F Package 143F Package 147F Package 148F Subject 21, Page 9 of 11

134 SUBJECT 21 Analysis Some of the packaging requirements in the NMFC for furniture and furniture parts are out-of-date and may no longer sufficiently protect the involved articles in today s motor carrier environment. Notes, items 80868, and 81042, and paragraph 6 of Note, item all provide exceptions to the minimum packaging requirements when the shipment weighs 10,000 pounds or more. Each of these items offers packaging that may no longer be utilized or is insufficient for LTL shipments, even if the shipment meets the designated criteria. One part of Package 9F, which is authorized for use for a variety of products, permits articles to be wrapped in different types of paper when in shipments of 10,000 pounds or more. Articles of furniture wrapped only in paper will not be adequately protected in today s motor carrier environment. Articles approved for shipment in Package 10F are permitted to be tendered in fibreboard boxes, however, the maximum size and gross weight limits are exceptions from the requirements of Item (Rule) 222. The package description could be modified to simplify the format and make it clearer. Packages 12F, 90F and 143F are specifications for packages made primarily of Kraft paper. Today, it is more common to see Kraft paper used as interior packaging and not as the primary or exterior shipping package. Currently, mattresses, box springs or waterbeds classified under item and expanded plastic or rubber mattress forms or cores classified under item are permitted to be tendered in Packages 12F and 90F. Package 12F is also approved for accompanying pads, mattresses, cushions or pillows when shipped with articles classified under items 80870, and Package 143F is only approved for articles classified under item 80865, which names upholstered or overstuffed chaise lounges, couches, davenports, daybeds, divans, lounges, sofas, sofa beds or tete-a-tetes. Packages 147F and 148F are authorized for shipments weighing 10,000 pounds or more. Package 147F consists of a fibreboard cap and tray, and the entire unit is wrapped in plastic film. Package 148F is a 6-ply gusseted Kraft paper bag. Item 80865, naming upholstered or overstuffed chaise lounges, couches, davenports, daybeds, divans, lounges, sofas, sofa beds or tete-a-tetes, refers to both of these packages, and Package 147F is also approved for use with revolving chairs or stools classified under item In view of the inherent fragility of these products, neither package provides adequate protection from the normal rigors of the LTL environment. Subject 21, Page 10 of 11

135 SUBJECT 21 Relationship to CCSB Policies and Guidelines CCSB policies state that packaging specifications should ensure that freight is adequately protected in the motor carrier environment and can be handled and stowed in a way that is reasonably safe and practicable. Paragraph 6 of Note, item , Notes, items 80868, and 81042, and Packages 9F, 147F and 148F provide for lesser and potentially out-of-date packaging requirements when shipment weight is 10,000 pounds or more. These packages are insufficient for use in today s motor carrier environment, even if the shipment meets the weight requirement. It would be in keeping with CCSB policies to remove the exceptions from Notes, items 80868, 80872, 81042, and paragraph 6 of Note, item , as well as Package 9F. Concurrently, canceling Packages 147F and 148F, along with references to these packages from items and 80865; canceling Package 143F and amending item accordingly; canceling Package 90F and removing the reference to this package from item and from paragraph 6 of Note, item ; and canceling Package 12F and amending items and Notes, items 80872, and , paragraph 6, accordingly, would be consistent with CCSB policies. CCSB policies also state that provisions are to be clear as to intent and structured so as to foster clarification and simplification. Therefore, it would be consistent with CCSB policies to restructure Package 10F, as proposed. Subject 21, Page 11 of 11

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137 SUBJECT 22 Re: Notes, items 79024, 79025, 79027, 79028, and Various Numbered Packages Staff Contact: Erin N. Topper Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class NOTE The following paragraphs must be complied with when referenced by packaging specifications requiring the use of blankets or pads, see Notes, items and The specifications are absolute minimums and must be adhered to with no allowance for manufacturing tolerances. (1) Macerated paper blankets constructed with Kraft paper covers not less than 30 pounds basis weight. Kraft paper must be coated with adhesive on inner side of sheet. Filler of macerated paper must be of uniform thickness overall. Blankets must be sealed on four sides, and must weigh not less than 144 pounds per 1,000 square feet. (2) Shredded paper packing blankets constructed with Kraft paper covers not less than 30 pounds basis weight. Filler of shredded paper must be evenly distributed in each blanket to correspond to a minimum weight of 288 pounds per 1,000 square feet. The shredded paper must be secured to outer paper wrapper to prevent shifting. (3) Wood-wool packing blankets constructed with Kraft paper covers not less than 30 pounds basis weight. The edges of the paper must be lapped not less than 5 /8 inch and be glued entire length of blanket. The wood-wool must not be less than 120 knife cuts per inch and must be manufactured of thoroughly seasoned timber, moisture content not exceeding 25 percent, oven dry basis, and must be evenly distributed. The wood-wool must be secured to outer paper wrapper to prevent shifting. Blankets must weigh not less than 144 pounds per 1,000 square feet. (4) Wood fibre felt blankets not less than ¼ inch thick, see Note, item Wood fibre in the blanket must weigh not less than 54 pounds per 1,000 square feet and must consist of new wood fibres, felted and bonded together into a homogeneous mat of uniform thickness and surfaced on one side with Kraft paper basis weight not less than 30 pounds. (5) Creped cellulose wadding blankets, embossed, containing not less than six plies of creped cellulose, surfaced on the outer side with Kraft paper basis weight not less than 30 pounds. When shipping furniture with a high sheen finish, blankets must be overlapped at corners and edges where inner packaging forms are placed, to provide 12-ply protection. Subject 22, Page 1 of 16

138 SUBJECT 22 Present Classification Provisions Continued Item Description Class (6) Macerated paper blankets not less than ¼ inch thick, see Note, item 79025, weighing not less than 144 pounds per 1,000 square feet. Inside sheet must be made of Kraft paper weighing not less than 30 pounds basis weight, outside sheet must be made of Kraft paper, basis weight not less than 50 pounds. Both sheets must be coated on inside with adhesive. (7) Creped cellulose wadding blankets, embossed, containing not less than twelve plies of creped cellulose, having a minimum thickness not less than ¼ inch, see Note, item 79025, surfaced on outer side with Kraft paper basis weight not less than 40 pounds. Cellulose wadding in the blanket must weigh not less than 56 pounds per 1,000 square feet except that when wadding contains no asphalt or other binder and is made of not less than 60 percent sulfate fibre, the weight per 1,000 square feet of the cellulose wadding in the blanket must be not less than 49 pounds. (8) Cotton wadding cushioning blankets having a minimum thickness not less than ¼ inch, see Note, item 79025, surfaced on one side with Kraft paper basis weight not less than 30 pounds and on opposite side with creped cellulose wadding. Cotton wadding in the blanket must weigh not less than 60 pounds per 1,000 square feet, and the total weight of the blankets shall be not less than 82 pounds per 1,000 square feet. (9) Excelsior blankets with moisture content not exceeding 25 percent. Blankets must weigh not less than 144 pounds per 1,000 square feet. Excelsior must be evenly distributed to obtain uniform thickness throughout and must be covered on both sides with Kraft paper, basis weight not less than 30 pounds. Edges of sleeve must lap not less than 5 /8 inch and be glued entire length. Blankets 18 inches or more in width must have excelsior secured to outer wrapper to prevent shifting, and ends must be sealed. (10) Cotton wadding cushioning blanket weighing not less than 50 pounds per 1,000 square feet, glazed on both sides. (11) Indented paper blankets made of not less than three thicknesses of paper which have been molded while the pulp still carried a 50 percent moisture content and covered on both sides with Kraft paper basis weight not less than 30 pounds. Edges of the sleeves must lap not less than 5 /8 inch and be glued the entire length of the pad. Each thickness of molded paper must have a basis weight not less than 80 pounds and must be at least 1 /16 inch thick. The three thicknesses must be so arranged in the pad as to prevent indentations nesting within each other. The combined pad must not be less than 3 /16 inch thick, see Note, item Subject 22, Page 2 of 16

139 SUBJECT 22 Present Classification Provisions Continued Item Description Class (12) Shredded paper and wood-wool blankets constructed with Kraft paper covers not less than 30 pounds basis weight. Filler must consist of 90 percent paper shredded in widths not more than 1 /8 inch wide and 10 percent wood-wool by volume, distributed evenly in each blanket to correspond to a minimum weight of 171 pounds per 1,000 square feet. Filler must be secured to outer paper wrapper to prevent shifting. (13) Paper blankets made of not less than five thicknesses of virgin Kraft paper, adhered to each other. Not less than four of the thicknesses must have indented pattern of waffle design with indentations arranged so as to prevent nesting of the sheets. The indented sheets each must have basis weight not less than 45 pounds after indenting, the other sheet must have basis weight not less than 40 pounds. Blankets must be not less than 3 /16 inch thick, see Note, item (14) Indented paper blankets constructed of four thicknesses of indented paper, indentations so arranged as to prevent nesting in each other, and two thicknesses of chip paper, not indented, arranged one thickness on top and one thickness on bottom of the four thicknesses of indented paper. All six thicknesses must be enclosed in a sleeve of machine-glazed Kraft paper. Each thickness of indented paper and chip paper must have a basis weight of not less than 60 pounds, and the machine-glazed Kraft must have a basis weight of not less than 30 pounds. The blanket must be not less than ¼ inch thick, see Note, item (15) Shredded paper packing blankets constructed with Kraft paper covers not less than 40 pounds basis weight. Filler of shredded paper must be of uniform thickness and secured to outer wrapper to prevent shifting. Blankets must weigh not less than 144 pounds per 1,000 square feet. (16) Macerated paper pads weighing not less than 144 pounds per 1,000 square feet, covered on both sides with Kraft paper not less than 40 pounds basis weight. Pads must be coated on inside with adhesive. (17) Shredded paper packing pads weighing not less than 144 pounds per 1,000 square feet, covered on both sides with Kraft paper not less than 30 pounds basis weight. Shredded paper must be uniform in thickness throughout pads. Edges of sleeve must lap not less than 5 /8 inch and be glued entire length of pad. (18) Wood excelsior packing pads weighing not less than 144 pounds per 1,000 square feet covered on both sides with Kraft paper not less than 30 pounds basis weight. Excelsior must be uniform in thickness throughout pads. Edges of sleeve must lap not less than 5 /8 inch and be glued entire length of pad. Subject 22, Page 3 of 16

140 SUBJECT 22 Present Classification Provisions Continued Item Description Class (19) Pads made of three or more thicknesses of paper with indentations, covered on both sides with Kraft paper, basis weight not less than 30 pounds. Pads must be not less than 3 /16 inch thick, see Note, item Edges of sleeve must lap not less than 5 /8 inch and lap must be glued entire length of the pad. Indented paper must have total basis weight not less than 240 pounds and the thicknesses must be so arranged in the pad as to prevent indentations nesting in each other. (20) Creped cellulose wadding pads, embossed, containing not less than twelve plies of creped cellulose, having a minimum thickness not less than ¼ inch, see Note, item 79025, surfaced on outer side with Kraft paper, basis weight not less than 30 pounds. Cellulose wadding in the pad must weigh not less than 56 pounds per 1,000 square feet except that when wadding contains no asphalt or other binder and is made of not less than 60 percent sulfate fibre, the weight per 1,000 square feet of the cellulose wadding in the pad must be not less than 49 pounds. (21) Shredded paper and wood-wool pads constructed with Kraft paper covers not less than 30 pounds basis weight. Filler must consist of 90 percent paper shredded in widths not more than 1 /8 inch wide and 10 percent wood-wool by volume, distributed evenly in each pad to correspond to a minimum weight of 171 pounds per 1,000 square feet. Edges of sleeve must lap not less than 5 /8 inch and be glued entire length of pad. (22) Pads made of not less than one thickness of molded pulpboard not less than 150 pounds basis weight, not less than one thickness of paperboard not less than 80 pounds basis weight, enclosed in sleeve made of Kraft paper not less than 30 pounds basis weight. The molded pulpboard must be made with ribs not less than 3 /16 inch wide, spaced not more than ½ inch apart, filled with pulp, and not less than four times as thick as the balance of the board. Paperboard must rest on ribs. Weight of pad must be not less than 96 pounds per 1,000 square feet. (23) Blankets or pads made of double-faced corrugated fibreboard not thinner than A-flute, the corrugating medium and each liner complying with the thickness and weight basis provided in Sec. 5 of Item 222, to which must be laminated creped cellulose wadding. Wadding must be not less than.06 inch thick, weighing not less than 20 pounds per 1,000 square feet, surfaced on one side with Kraft paper, basis weight not less than 20 pounds. (24) Paper pads made of not less than four thicknesses of virgin Kraft paper, adhered to each other. Not less than three of the thicknesses must have indented pattern of waffle design with indentations arranged so as to prevent nesting of the sheets. The indented sheets each must have basis weight not less than 45 pounds after indenting, the other sheet must have basis weight not less than 40 pounds. Pad must be not less than 1 /8 inch thick, see Note, item Subject 22, Page 4 of 16

141 SUBJECT 22 Present Classification Provisions Continued Item Description Class (25) Quilted form-fitting pads or blankets made of cotton cloth, cotton filled, weighing not less than 3½ ounces per square foot. Blankets or pads must be equipped with cloth tape or straps to securely affix to article. (26) Cotton wadding cushioning pads having a minimum thickness not less than ¼ inch, see Note, item 79025, surfaced on one side with Kraft paper basis weight not less than 30 pounds and on opposite side with creped cellulose wadding. Cotton wadding in the pad must weigh not less than 60 pounds per 1,000 square feet and the total weight of the pads shall be not less than 82 pounds per 1,000 square feet. (27) Paper pads, made of not less than three thicknesses of waffle design indented virgin Kraft paper, with indentations so arranged as to prevent nesting of the sheets. The indented sheets each must have basis weight of not less than 45 pounds after indenting and must be fully sleeved in virgin Kraft paper of basis weight not less than 30 pounds. Edges of sleeve must lap not less than 5 /8 inch and lap must be glued entire length of pad. Pad must be not less than 1 /8 inch thick, see Note, item (28) Paper blankets made of not less than three thicknesses of indented virgin Kraft paper, molded with not less than 12 percent moisture content and sheets so arranged as to prevent nesting of the indentations. The indented sheets must each have basis weight of not less than 45 pounds after indenting and must be fully sleeved in wet strength extensible Kraft paper complying with Item 200, Sec. 2, Table C, for basis weight not less than 50 pounds. Edges of sleeve must lap not less than 5 /8 inch and lap must be glued entire length of blanket. Blanket must be not less than 3 /16 inch thick, see Note, item (29) Blankets or pads made of extruded, closed cell foam sheeting of a minimum 3 /32 inch thickness may be of polypropylene having a density of not less than 0.6 pound per cubic foot or of polyethylene of not less than 1.0 pound per cubic foot. (30) Pads made of nonwoven fibre bonded to polyethylene foam thickness 1 /8 inch or greater. (31) Blankets or pads made of not less than two interior plies of material consisting of any combination of Kraft paper, or indented paper having a basis weight of not less than 30 pounds or a nonwoven synthetic fibre material. Interior plies must be enclosed in a sleeve consisting of a nonwoven synthetic fibre top sheet having a thickness of not less than 20 mils and a back sheet of Kraft paper having a basis weight of not less than 30 pounds. The two separate materials making up the sleeve must have edges which overlap not less than 5 /8 inch and are glued entire length of pad. Subject 22, Page 5 of 16

142 SUBJECT 22 Present Classification Provisions Continued Item Description Class (32) A lamination of a soft bleached recyclable cellulose fibre tissue material of not less than 30 pounds per ream to a backup construction of necessary plies of corrugated fibreboard or linerboard to meet necessary clearance requirements. (33) Blanket bags or pads made of tri-extruded (metallocene, metallocene, medium molecular weight high density) polyethylene film of 2 ¼ mil minimum thickness. (34) Closed-cell polyethylene foam of a minimum 1.2 pound density or closed-cell polypropylene foam of a minimum.6 pound density may be used only in conjunction with the combined requirements of Packages 1F, 2F, 19F, 21F and 22F when of 1 /16 inch in thickness. The following minimum specifications are listed per mil. ( 1 /1000 inch) thickness: Dart impact 170 grams (ASTM D1709); machine direction tear 330 grams (ASTM D1922); transverse direction tear 355 grams (ASTM D1922); machine direction tensile strength 1,350 pounds per square inch (ASTM D882); transverse direction tensile strength 1,475 pounds per square inch (ASTM D882); machine direction elongation 500% (ASTM D882); transverse direction elongation 555% (ASTM D882); coefficient of friction on side of film in contact with furniture.2 grams (ASTM D1894) NOTE For thickness measurements, specimens shall be made up by stacking 4-inch square pieces to at least one inch thickness. Thickness measurements shall be made by placing the specimen on a flat, level surface and weighting it down with a 6-inch square rigid flat plate weighing 0.4 pound. The vertical distance between the base surface and the plate at each of the four corners shall be measured, and the average of the four measurements shall be the thickness of the specimen. The thickness of the material shall be thickness of the specimen divided by the number of pieces in the specimen. Compliance with thickness specifications is to be at the plant where the furniture is being packed NOTE Where in furniture packages blankets meeting requirements of Note, item 79024, Paragraph (5) are authorized, blankets conforming to Paragraph (8) may be used, and where pads meeting requirements of Paragraph (20) are authorized, pads conforming to Paragraph (26) may be used NOTE Where in furniture packages blankets and pads meeting requirements of Note, item 79024, Paragraphs (5) and (20) are authorized, blankets and pads conforming to Paragraph (29), (31) or (32) may be used NOTE Pads made of 3 or more thicknesses of Bogus chip paper with indentations, covered on both sides with Kraft paper of basis weight not less than 30 pounds. Pads must be not less than 3 /16 inch thick, see Note, item Edges of sleeve must lap not less than 5 /8 inch and lap must be glued entire length of pad. Each indented bogus ply must have a basis weight of not less than 70 pounds after indenting and thickness must be so arranged as to prevent nesting. Subject 22, Page 6 of 16

143 SUBJECT 22 Present Classification Provisions Concluded Packages 160, 817, 1289, 1424, 1F, 2F, 5F, 6F, 8F, 12F, 18F, 19F, 21F, 24F, 31F, 34F, 40F, 43F, 47F, 64F, 77F, 90F, 93F, 118F and 152F [Not reproduced due to length see Proposed Classification Provisions] Proposed Classification Provisions Item Description Class NOTE Where packaging specifications reference this Note, articles must be adequately protected by blankets or pads so as to prevent damage and abrasion within the package and must meet the following minimum specifications, which are per mil ( 1 /1000 in) thickness: (1) Dart impact 170 grams (ASTM D1709); (2) Machine direction tear 330 grams (ASTM D1922); (3) Transverse direction tear 355 grams (ASTM D1922); (4) Machine direction tensile strength 1,350 psi (ASTM D882); (5) Transverse direction tensile strength 1,475 psi (ASTM D882); (6) Machine direction elongation 500% (ASTM D882); (7) Transverse direction elongation 555% (ASTM D882); (8) Coefficient of friction on side of film in contact with furniture 0.2 grams (ASTM D1894) NOTE Cancel; no further application NOTE Cancel; no further application NOTE Cancel; no further application NOTE Cancel; no further application. Package 160 SHIPPING CONTAINER: Body No Change. Base No Change. Inner Forms No Change. Surface Protection Top and edge surfaces and surfaces of article less than 2½ inches from inside of container must be completely covered by pads or blankets as specified in Note, item GROSS WEIGHT: No Change. UNITED INCHES: No Change. Subject 22, Page 7 of 16

144 SUBJECT 22 Proposed Classification Provisions Continued Package 817 (1) No Change. (a) Base of article must be wrapped in pads described in Note, item 79024, securely fastened in place. Pads or padding must maintain not less than ½ inch clearance at bottom and not less than ¾ inch on all sides of article. OR (b)-(e) No Change. (2) No Change. (3) No Change. (a) Each lamp, except harp and socket, must be completely wrapped in pads described in Note, item In addition, bottom, top and all sides of box must be lined with pads or forms to maintain not less than ¾ inch clearance between wrapped lamps and interior surfaces of box or with crumpled newspaper or other loose cushioning material to maintain clearance of not less than one inch between wrapped lamps and interior surfaces of the box. OR (b)-(d) No Change. Package 1289 No Change. (a) No Change. OR (b) Pads described in Note, item 79024, or crumpled newspaper or other loose cushioning material so arranged as to hold articles stationary and maintain clearance of not less than 1 inch between shades and all interior surfaces of box, OR (c) No Change. Package 1424 No Change. OR Lamp base may be wrapped in pads described in Note, item 79024, and placed in fibreboard form full dimension of bottom of container. Clearance of not less than 1½ inches at top and bottom and 2 inches at sides must be maintained between article and inner surfaces of container. No Change. Subject 22, Page 8 of 16

145 SUBJECT 22 Proposed Classification Provisions Continued Package 1F (1) No Change. (2)(a) All articles must be protected with interior forms of adequate design, size, strength, and quantity, arranged to maintain not less than 3 /4-inch clearance between finished and upholstered surfaces of article and interior surfaces of container, except as otherwise provided in Paragraphs (7) and (8). In addition, finished surfaces of articles, except legs, must be protected from contact with interior forms by nonabrasive material. When clearance is maintained by pads or blankets complying with specifications of Note, item 79024, OR by a combination of such pads or blankets and interior forms, nonabrasive material will not be required. (b)when two or more pieces are in the same container, finished or upholstered surfaces which can come in contact must be protected by pads or blankets complying with the specifications of Note, item 79024, or by singlewall fibreboard testing not less than 175 pounds. (c) No Change. (d) Articles with round, oval or free-form tops must maintain specified clearance with top edge forms covering entire area of contact with container and extending not less than 2 inches beyond points of contact. Such articles must be securely positioned to restrict rotation OR clearance forms must be securely attached to the inside of container and surface of article in area of form not covered with blanket as specified in Paragraph (2)(a) must have pads or blankets complying with specifications of Note, item 79024, secured to article and extending not less than 6 inches beyond contact with form. (3)-(10) No Change. Package 2F (1) No Change. (2) All finished surfaces must be completely covered with pads or blankets complying with specifications of Note, item 79024, securely held in place. (3)-(9) No Change. Package 5F In wooden crates constructed as follows: (1)-(6) No Change. (7) Articles may be packed without clearance or with clearance less than specified in the preceding paragraph but all finished surfaces having a clearance of less than 1 inch and all upholstered surfaces must be completely covered with blankets described in Note, item Subject 22, Page 9 of 16

146 SUBJECT 22 Proposed Classification Provisions Continued Package 6F (1) No Change. OR (2) In singlewall corrugated fibreboard containers testing not less than 200 psi, complying with all provisions of Item 222, except dimensions must not exceed 100 united inches and gross weight must not exceed 100 pounds. Mirrors must have clips, rosettes or similar fastenings removed. Glass must be secured to backing by not less than three strips of fibreboard at least 3 inches in width testing not less than 200 psi, secured to mirror backing. When two mirrors are packed in container, glass must be placed face to face and separated by blanket described in Note, item 79024, of dimensions not less than size of glass. Whether packed singly or in a pair, mirrors must be completely covered by inner wrapper of singlewall corrugated fibreboard testing not less than 200 psi, securely sealed. Clearance of not less than 3 inches must be maintained between inner wrapper and container by singlewall corrugated fibreboard forms testing not less than 200 psi, extending completely around the four narrow sides. OR (3) In container constructed with wood frame forming top, bottom and two sides (edges) and solid fibreboard or singlewall corrugated fibreboard forming front and back. Lumber must be not less than ¾ inch thick; solid fibreboard must be not less than.140 inch thick testing not less than 350 psi; singlewall corrugated fibreboard must comply with requirements of Item 222, for fibreboard testing not less than 350 psi; singlewall corrugated fibreboard must comply with requirements of Item 222, for fibreboard testing not less than 350 psi and must be constructed with corrugating medium consisting of two sheets laminated together, each sheet complying with requirements of Item 222. Clearance not less than ½ inch must be fully maintained between mirror and all inside surfaces of container by tightly packed hay, straw or wood excelsior, or by blankets or pads described in Note, item OR (4) No Change. Package 8F (1) No Change. (2) No Change. (a) All finished or upholstered surfaces, except center stretcher, and any surface to be finished must be wrapped with pads, bags or envelopes complying with specifications of Note, item 79024, which must be securely tied to furniture. Unless tied with twine having an average straight break of 122 pounds and a 52-pound cut break, twine must be securely knotted at intervals not exceeding 16 linear inches so as not to slip or become detached during transportation, OR pads may be fastened by means of cohesive latex with each pad having at least two strips of cohesive latex running the full length of the pad or the configuration of the perimeter of the pad and not less than ¼ inch from the parallel edge or the perimeter. Cohesive latex strips must be at least 3 /8 inch in width and closure shall be accomplished by pressing the cohesive latex strips together forming a full cover pad. (b) (d) No Change. Subject 22, Page 10 of 16

147 SUBJECT 22 Proposed Classification Provisions Continued Package 8F (Continued) (1) All finished and upholstered surfaces subject to abrasion must be fully protected with pads and blankets meeting specifications of Note, item 79024, securely held in place on the article. (2)-(4) No Change. (e) No Change. (3) No Change. Package 12F (1) In paper bags made of not less than three plies of Kraft paper as described in Item 200, combined sheets having basis weight of not less than 200 pounds with no sheet weighing less than 60 pounds. Lateral seams of each wall must be separately lap glued not less than 1 inch. The wall must be firmly glued together at both ends. Bottom closure must be overlapped and glued not less than 2 inches. Top closure must be overlapped and glued not less than 3 inches with self-seal adhesive. To insure a tight fit the dimensions of the bag must not exceed the dimensions of the mattress or box spring. All bags must bear the bag maker's certificate prescribed in Item 200 for paper bags. In addition, box springs must be protected by pads not less than 5 inches wide complying with Note, item 79024, and must be securely stapled to bottom of box spring frame the entire length of sides, around corners and extending not less than 12 inches along ends. Pads must extend not less than 3 inches over sides. (2)-(3) No Change. Package 18F Wrapped in pads described in Note, item Pads must be securely tied with strong twine. Unless twine having an average straight break of 122 pounds and cut break of 52 pounds is used, twine must be securely knotted at intervals not exceeding 16 linear inches so as not to slip or become detached during transportation. When package is used for beds, panels or beds not completely covered with excelsior pads must be completely covered with singlewall corrugated fibreboard testing not less than 200 psi securely fastened so as not to slip or become detached during transportation. Package 19F (1) No Change. (2)(a) All finished or upholstered surfaces subject to contact with container or interior forms must be completely covered with nonabrasive material; OR by pads or blankets complying with specifications of Note, item When two or more pieces are in the same container, finished surfaces which come in contact must be protected by pads or blankets complying with specifications of Note, item 79024, OR by nonabrasive corrugated fibreboard. When such finished surfaces are flat, surfaces may be separated by nonabrasive material. (b) No Change. (3) No Change. Subject 22, Page 11 of 16

148 SUBJECT 22 Proposed Classification Provisions Continued Package 19F (Continued) (4)(a) No Change. (b) Tables with round, oval or free-form tops must have edges protected with forms made of the same material and thickness as specified for corner forms arranged to cover entire area of contact with interior surfaces of container. Articles must be securely positioned to prevent rotational movement or clearance forms must be securely attached to the inside of container, and surfaces of article in area of forms must have pads or blankets complying with specifications of Note, item 79024, secured to article and extending not less than 6 inches beyond contact with form. (c) Table tops with corners of other than 90-degree angle must have corners and 75 percent of edges which would otherwise come in contact with container protected with forms made of same material and thickness as specified for corner forms. One thickness of pads or blankets complying with specifications of Note, item 79024, may be substituted for one thickness of singlewall corrugated fibreboard forms as edge protection. (5) No Change. (6)(a)-(c) No Change. (1) Wardrobe cabinets, SU, must have all corners protected by corner forms specified in Paragraph (3). In addition, all finished surfaces must be covered with pads or blankets complying with specifications of Note, item 79024, securely held in place. (2)-(3) No Change. (7) No Change. Package 21F (1) No Change. (2) All finished surfaces, except finished surfaces which are not within 1½ inches of inside of container, must be completely covered with pads or blankets complying with specifications of Note, item 79024, securely held in place. (3)-(8) No Change. Package 24F (1) No Change. (2)(a) All finished surfaces and surfaces to be finished in contact with interior of container must be completely covered with pads or blankets complying with specifications of Note, item 79024, secured in place. (b)-(c) No Change. (3)-(4) No Change. Package 31F (1)-(4) No Change. (5) With pads as described in Note, item OR (6)-(8) No Change. Subject 22, Page 12 of 16

149 SUBJECT 22 Proposed Classification Provisions Continued Package 34F (1) No Change. (2) Finished surfaces of furniture must have not less than 1-inch clearance maintained by wood or singlewall corrugated forms testing not less than 200 psi; or, in lieu of such clearance, all finished surfaces which come within 1½ inches of interior surfaces of container must be fully protected by blankets described in Note, item (3)-(4) No Change. Package 40F (1) No Change. (2) All furniture must be protected with interior forms of adequate design, size, strength and quantity, arranged so that no part of finished or upholstered surfaces will come within ¾ inch of interior surfaces of container, and in addition, finished surfaces of furniture, except legs, must be protected by non-abrasive material to prevent pressure marking from interior packing materials. Non-abrasive material will not be required when the clearances specified above are maintained by forms described in Note, item (3)-(6) No Change. Package 43F (1) No Change. (2) All finished surfaces except legs and the panels inside the pedestals must be completely covered with blankets securely fastened to furniture. Blankets must comply with specifications of Note, item (3)-(5) No Change. Package 47F In bags or fully enclosing wrappers made of low density polyethylene film complying with the following minimum requirements: [Table No Change] Box springs must be protected by pads made of one ply indented paper, minimum basis weight 28 pounds per 1,000 square feet, laminated to one ply of cross laminated high density mono-axially oriented polyethylene film of minimum 2.5 mils nominal thickness, or pads complying with Note, item 79024, or corrugated fibreboard testing not less than 125 pounds. Pads must be secured to bottom of box spring, extend full length of sides, around corners and not less than ten inches along ends. Pads must extend not less than two inches over top and bottom edges of box spring. Corrugated fibreboard need only extend to the top edge of box spring. [Remainder of Package No Change] Subject 22, Page 13 of 16

150 SUBJECT 22 Proposed Classification Provisions Continued Package 64F (1) No Change. (2)(a) Upholstered surfaces in contact with each other or with container or with abrasive interior forms must be protected from contact with pads or blankets complying with specifications of Note, item 79024, held in place on the article. (b)-(c) No Change. (3)-(4) No Change. Package 77F [Paragraphs 1 and 2 No Change] All finished surfaces must be completely covered with blankets securely fastened to furniture. Blankets must comply with specifications of Note, item [Remainder of Package No Change] Package 90F [Paragraphs 1-4 No Change] Pads not less than 5 inches wide complying with Note, item 79024, must be securely stapled to bottom of box spring frame or must be inserted and glued between the plies of the paper bag so that the pads extend the entire length of sides, around corners and not less than 12 inches along ends. Pads must extend not less than 3 inches over sides of box springs. [Remainder of Package No Change] Package 93F (1) No Change. (2) Mirrors must be protected with blankets or pads as described in Note, item 79024, folded and arranged to maintain not less than ¾ inch clearance between all finished surfaces of article and inside walls of container. Folded blankets must encase the ends of the mirror from top to bottom, and not less than one folded blanket or pad must span the face of the mirror in the center from top to bottom, and in no case shall folded blankets or pads be more than 12 inches apart. Blankets or pads must be securely held in place. (3) No Change. Subject 22, Page 14 of 16

151 SUBJECT 22 Proposed Classification Provisions Concluded Package 118F SHIPPING CONTAINER: No Change. Tube No Change. Cap No Change. Base No Change. Inner Wrap Articles must have all finished surfaces completely covered with pads or blankets as described in Note, item Closure No Change. UNITED INCHES: No Change. GROSS WEIGHT: No Change. Package 152F (1) All finished surfaces, except those surfaces that are not within 1½ inches of the inside of the container, must be completely covered with pads or blankets complying with the specifications of Note, item (2)-(5) No Change. Analysis Notes, items 79024, 79025, 79027, and all contain material specifications or alternations for furniture-packing blankets or pads. As can be seen from the Present Classification Provisions, these specifications are very detailed, can be difficult to understand and may reference archaic and obsolete materials. Note, item provides thirty-four different specifications for pads or blankets that are to be used as interior packaging for furniture or furnishings. It also provides minimum specifications for blankets and pads based on various ASTM International testing protocols. This Note first appeared in its current form in Supplement 8 to NMFC A-6, with an effective date of September 5, 1962, although there have been amendments and additions since. Currently, thirty-four Numbered Packages reference this Note and twenty-three of those packages refer specifically to individual specifications currently found in the Note. Based on information found on the Internet, it is believed that most, if not all of the materials specified are no longer manufactured; or if they are manufactured, they are not used as interior packaging materials as they were when these specifications went into effect. The provisions of Note, item outline how the thickness of the pads and blankets described in Notes, items and is to be measured. Notes, items and are referenced by Note, item and both provide alternations of the types of pads and blankets that may be used in conjunction with certain types of furniture or furnishings. Subject 22, Page 15 of 16

152 SUBJECT 22 Note, item specifies another type of pad that is made from Bogus chip paper. Five packages currently reference this Note. Based on research, it is believed that this type of paper is no longer manufactured. Relationship to CCSB Policies and Guidelines CCSB policies state that outdated terminology and obsolete provisions should be removed from the Classification. Notes, items 79024, 79025, 79027, and all reference or relate to various packaging materials that may no longer be manufactured or used today. Note, item contains references to ASTM International test procedures that should be utilized when developing pads and blankets used as interior packaging. It would be in keeping with CCSB policies to remove the thirty-four individual packaging specifications from Note, item 79024, but maintain the ASTM International test methods. Concurrently, cancelling Notes, items 79025, 79027, and as having no further application would also be consistent with CCSB policies and precedent. Finally, removing references to specific paragraphs cited from Note, item and references to Note, item in Packages 160, 817, 1289, 1424, 1F, 2F, 5F, 6F, 8F, 12F, 18F, 19F, 21F, 24F, 31F, 34F, 40F, 43F, 47F, 64F, 77F, 90F, 93F, 118F and 152F would also be consistent with CCSB policies. Subject 22, Page 16 of 16

153 SUBJECT 23 Re: Tortillas Staff Contact: Lisa K. Winter Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FOODSTUFFS GROUP: subject to item Dinners, taco or tostada, consisting of corn meal taco or tostada shells, meat seasoning and sauce, in boxes NOTE Not Involved Foodstuffs, other than frozen, Group I, viz.: Tortillas, not baked nor toasted; [Other Articles Listed Not Involved.] In boxes, crates, drums or Packages 1361, 2463, 2498, 2499 or NOTE Not Involved NOTE Not Involved NOTE Not Involved NOTE Not Involved NOTE Not Involved NOTE Not Involved NOTE Not Involved NOTE Not Involved NOTE Not Involved NOTE Not Involved Shells, taco, corn meal, in inner containers in boxes, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 6 or greater Proposed Classification Provisions Item Description Class FOODSTUFFS GROUP: subject to item Dinners, taco or tostada, consisting of corn meal taco or tostada shells, meat seasoning and sauce, with or without tortillas, in boxes... No Change NOTE No Change Foodstuffs, other than frozen, Group I, viz.: Tortillas or Taco Shells, soft; [Other Articles Listed No Change.] In boxes, crates, drums or Packages 1361, 2463, 2498, 2499 or No Change Subject 23, Page 1 of 5

154 SUBJECT 23 Proposed Classification Provisions Concluded Item Description Class FOODSTUFFS GROUP: subject to item NOTE No Change NOTE No Change NOTE No Change NOTE No Change NOTE No Change NOTE No Change NOTE No Change NOTE No Change NOTE No Change NOTE No Change Shells, taco, corn meal, folded, hard, in inner containers in boxes, subject to Item 170 and having a density in pounds per cubic foot of: Subs 1-2 No Change. Analysis A member carrier requested interpretation assistance as to the applicable provisions for baked tortillas. As there are no provisions for baked tortillas, only Tortillas, not baked nor toasted, per item 73227, the general provisions of item 72040, Bakery Goods, NOI, other than frozen, were held applicable. Shortly thereafter, Research Project 983 was established to determine whether the provisions for tortillas, per item 73227, are reflective of today s tortillas. SCOPE OF RESEARCH PROJECT 983 On August 31, 2004 and on June 30, 2005, sixteen potential manufacturers of tortillas were contacted and asked to provide information on the transportation characteristics of tortillas. One manufacturer responded with usable information. Then on May 16, 2008 and again on July 14, 2008, thirty-seven potential tortilla manufacturers were contacted, including the sixteen original companies. A more detailed questionnaire was provided in hopes that additional information would be forthcoming. From that mailing, one more manufacturer responded; however, the information was unusable. The Tortilla Industry Association (TIA) was also contacted; however, it has not replied to the survey. BACKGROUND Historical data indicates that provisions for Tortillas first appeared in Supplement 5 to NMFC 5, effective July 15, 1941, with a rating equivalent to class 55. The item was established concurrent with the same action by the rails. The current class 60 was established as a result of action taken on Special Docket 1 (issued July 20, 1949), to remain rail competitive, and first appeared in NMFC A-1, effective July 10, As a result of action taken on Subject 116 of Docket 133 (March 1968), the provisions were restricted to apply on Tortillas, canned. The focus of the proposal was to establish a Subject 23, Page 2 of 5

155 SUBJECT 23 specific item for corn meal taco shells, at class 150, and the amendment to the provisions for tortillas was made at the same time. The change first appeared in Supplement 7 to NMFC A- 10, effective November 5, Subject 10 of Docket 762 (March 1976) was a shipper proposal to remove canned from the description, as obsolete, in view of new packaging methods being used, i.e., plastic pouches or bags. Densities were shown to range from to pcf, with an average of pcf. Values were shown to range from $0.30 to $0.78 per pound (in 1976 dollars). To avoid possible conflict with the provisions for taco shells, the proposal was approved as modified to amend the description to read, Tortillas, not baked nor toasted. The change first appeared in Supplement 10 to NMF 100-C, effective October 8, As a result of action taken on Subject 12 of Docket 877 (November 1987), the provisions for tortillas were grouped with those of other foodstuffs also assigned class 60. Item was established and first appeared in Supplement 8 to NMF 100-N, effective January 16, The provisions remain essentially unchanged to date. A traditional tortilla from Mexico and Central America is a flat, round, thin "bread" and is cooked on a hot rock or skillet. The lithograph on the right depicts women making tortillas on a dry skillet in early 19th-century Mexico. (Tortillas from Argentina, Bolivia and Chile, are small flat cakes, usually salty, made with wheat or corn flour, and traditionally cooked over embers. They may be sold in specialty stores, but are not typically found in grocery store chains in the United States.) Today s mass-produced tortillas are made from either corn or wheat flour dough, formed into a pancake-shaped disk and baked in an oven, such as the one shown below on the left. According to TIA, the first brand of flour tortillas in the United States was introduced in 1947 (corn tortillas were introduced earlier). At the time, all tortillas were prepared by hand. It wasn t until the 1970 s when the first patent was registered for a tortilla-baking machine. Massproduced tortillas are baked in ovens and are packaged in inner bags in outer fibreboard boxes. Subject 23, Page 3 of 5

156 SUBJECT 23 Examples of the involved tortillas are shown below. Flour Tortillas Corn Tortillas Taco Shell The primary difference between a tortilla and a taco shell is that a tortilla is soft and pliable; whereas a taco shell is crisp and breakable. A taco shell is shown on the left. As indicated in the history of the NMFC provisions for tortillas, the restriction in the provisions for tortillas to not baked nor toasted was added in 1976 to avoid an interpretation conflict with taco shells. It is possible that the addition of the term not baked nor toasted was added without knowledge of the relatively new method of baking mass-produced tortillas. The Encyclopedia Britannica defines a taco as a tortilla that is folded around a filling of meat, beans, or cheese and a piquant sauce 1. A taco shell is a hard, folded tortilla. So essentially, a taco is a type of sandwich with a tortilla (or taco shell) used as the bread. The distinction between taco shells and tortillas is becoming even more nebulous in that tortillas are now marketed as soft taco shells. This is made evident on the packaging for taco dinner kits, which are named in item As can be seen in the photographs on the following page, the small lettering still discerns between taco shells and tortillas, but the big print indicates that tortillas are also being marketed as soft taco shells. 1 See (Accessed May 6, 2009). Subject 23, Page 4 of 5

157 SUBJECT 23 The photographs above have further brought to light another potential interpretation problem. The description in item provides for taco or tostada dinners, consisting of corn meal taco or tostada shells, meat seasoning and sauce. No mention is made of tortillas, even though many of the kits now include tortillas. The one shipper that responded to the survey with usable information indicated that it represents 0.5% of the market for tortillas. It provided a density of pcf for tortillas shipped in fibreboard boxes on pallets. Generally speaking, tortillas should not pose any notable stowing or handling characteristics. As with all types of food, tortillas are perishable; however, there is no indication of a claims problem. Relationship to CCSB Policies and Guidelines There is a potential for interpretation problems as to the applicable classification provisions for tortillas in that the current provisions are restricted to tortillas, not baked nor toasted, while most tortillas are, in fact, baked. Further, the definition of taco shell seems to be expanding to include tortillas even though it originally applied on tortillas that had been hardened through frying or baking into folded shells. Amending the provisions for taco shells, per item 74735, by adding the term folded, hard and the listing for tortillas, per item 73227, by removing the restrictive terminology not baked nor toasted and replacing it with tortillas or taco shells, soft, as proposed, would be consistent with the original intent of the provisions and would reflect current industry terminology. Additionally, some taco dinner kits include tortillas; however, tortillas are not provided for in item Adding the terminology with or without tortillas, to the description of item 72788, as proposed, would be in the interest of clarification. The proposed amendments do not involve class changes and are in the interest of clarification. Subject 23, Page 5 of 5