DOCKET SEPTEMBER 2016

Transcription

1 DOCKET SEPTEMBER 2016 A public meeting on National Motor Freight Classification provisions will be held on September 20, 2016 at: Hilton Alexandria Old Town 1767 King Street Alexandria, Virginia ISSUED: August 18, 2016

2 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET On Tuesday, September 20, 2016, 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 Hilton Alexandria Old Town, 1767 King Street, Alexandria, Virginia 22314, commencing at 10:00 am Eastern Time. Section I of this docket provides the CCSB analyses for proposed amendments that will be considered at the meeting. Each analysis includes the full text of the proposal, the CCSB contact and the identity of the proponent. Section II of this docket provides notice of classification changes made necessary by law, by order of a regulatory body, or for clarification, simplification or uniformity. 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. Public Docket Files Supporting data and other relevant information pertaining to each proposal in Section I herein are contained in a Public Docket File. The public files are available online without charge at They are organized by docket and subject numbers. Anyone who does not have Internet access can obtain the public docket file for a particular proposal from the CCSB contact, subject to a charge for copying and transmitting the document(s) requested. Commodity Classification Standards Board ccsb@nmfta.org Chairman Joel L. Ringer Vice Chairman William F. Mascaro Member George M. Beck Member Daniel E. Horning Member Donald A. Newell Member Nathan D. Ripke Member/Packaging Consultant Erin N. Topper Counsel John R. Bagileo 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 this docket may attend the meeting on September 20, 2016, and/or communicate that interest in writing by mail, or fax prior to the meeting. Such Interested Persons will be notified of the CCSB s disposition of the proposal. To become a Party of Record to a proposal herein, one must communicate an interest in writing by mail, or fax, and must submit pertinent information relating to the transportation characteristics of the product(s) involved, or relevant to packaging materials or methods in connection with proposed packaging amendments, and it must be received no later than 5:00 pm Eastern Time, September 9, Parties of record will be notified of the CCSB s disposition of the proposal and will be entitled to seek reconsideration should they disagree with that disposition. Written submissions received by 5:00 pm Eastern Time, September 9, 2016, will be included in the respective public docket file and posted on our website. The CCSB s decision on each proposal will be based on the information in the public docket file. Statements and other materials received by the CCSB after 5:00 pm Eastern Time, September 9, 2016, will not be part of the public docket file. 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 CCSB contact involved. To schedule an appearance at the meeting, or if you require further information, please get in touch with the CCSB contact. Anyone requesting assistance in accordance with the Americans with Disabilities Act will be accommodated. The CCSB s policies and procedures as well as other information on the CCSB and the National Motor Freight Traffic Association are available online at Amendments to the National Motor Freight Classification resulting from the proposals in this docket will be published in a supplement to the NMFC, unless reconsideration is granted in accordance with the CCSB s rules. The supplement is scheduled to be issued on November 10, 2016, with an effective date of December 10, Future CCSB Dockets Docket Docket Docket Closing Date December 1, 2016 March 23, 2017 Docket Issue Date December 29, 2016 April 20, 2017 Deadline for Written Submissions and to Become a Party of Record January 20, 2017 May 12, 2017 CCSB Meeting Date January 31, 2017 May 23, 2017 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 Aquatic Plants... 5 Armored Cars or Armored Scout Cars Army Tractor Tanks or Army Artillery Towing Tractors B Bicycle Saddles or Seats Blinds, interior... 2 C Candy, licorice... 8 Cars, armored, or Armored Scout Cars Containers, bomb parachute, steel D Dampers, air, fire or smoke... 6 F Furniture Parts H Hazardous Materials Reverse Logistics I Item (Rule) 540, Hazardous Materials Reverse Logistics Item (Rule) 680, Sec. 7(b)(1), Articles Unitized or Secured on Lift Truck Skids, Pallets or Platforms... 3 Item (Rule) 680, Sec. 10(b), Wrapping L Licorice Candy... 8 Louvers, air, fire or smoke... 6 M Machines, refrigerant reclaiming or recovery Mini-Blinds... 2 P Packaging Articles Unitized or Secured on Lift Truck Skids, Pallets or Platforms... 3 Packaging Wrapping Paper Towels... 1 Pipe, brass, bronze or copper, insulated or jacketed with expanded plastic, in coils... 7 Pipe, nickel-silver... 7 Plants, aquatic... 5 R Refrigerant Reclaiming or Recovery Machines Reverse Logistics Hazardous Materials.. 11 S Seats, vehicle, including Bicycle or Tricycle Saddles or Seats Shades, interior... 2 Shutters, air, fire or smoke... 6 Shutters, interior, wood... 2 Soapstone Blocks, Pieces or Slabs... 9 T Talc Blocks, Pieces or Slabs... 9 Tanks, tractor, army Towels, paper... 1 Tractors, artillery towing, army Tricycle Saddles or Seats Trowels or Trowel Transplanters, hand Tubing, brass, bronze or copper, insulated or jacketed with expanded plastic, in coils... 7 Tubing, nickel-silver... 7 V Venetian Blinds... 2 Ventilators, household stove or range hood, with centrifugal fan, roof or sidewall mounting... 4 Vertical Blinds... 2 Page iii

5 SUBJECT 1 Re: Paper Towels CCSB Contact: Allison L. Austin Telephone (703) austin@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class PAPER ARTICLES GROUP: subject to item Towels, folded and placed in plastic dispensers or holders, in boxes Towels, see Notes, items and , in boxes, doublewall paper bags or Packages 215, 841, 1214, 2278 or 2367: Sub 1 In rolls: Sub 2 Length of core ten inches or less Sub 3 Length of core greater than ten inches Sub 4 Other than in rolls NOTE Applies only on towels which have been cut to size or in rolls perforated for individual use NOTE Also applies when paper is bonded or laminated to reinforcing fibers or open mesh fabric. Proposed Classification Provisions Item Description Class PAPER ARTICLES GROUP: subject to item Towels, folded and placed in plastic dispensers or holders, etc... Cancel; see item Towels, see Note, item , in boxes or Packages 215, 841, 1214, 2278 or 2367: Sub 1 In rolls: Sub 2 Length of core 10 inches or less Sub 3 Length of core greater than 10 inches Sub 4 Other than in rolls, see Note, item NEW NEW NOTE Also applies on paper towels folded and placed in dispensers or holders NOTE Cancel; no further application NOTE No Change. Analysis Research Project 1230 This proposal is based on information developed through Research Project 1230, which was initiated in June 2014 to review the transportation characteristics of paper towels. Subject 1, Page 1 of 4

6 SUBJECT 1 History of Provisions Provisions for paper towels have been in the NMFC since its inception in Over the years, there have been several proposals to amend the provisions. The provisions of item were established as a result of action taken on Docket 103, Subject 62 (March-April 1962), and first appeared in Supplement 17 to NMFC A-6, effective July 3, The provisions have remained substantially unchanged to the present. The provisions of item and Note, item were established as a result of action taken on Docket 767, Subject 21 (October 1976), and first appeared in Supplement 15 to NMF 100-D, effective December 17, The current provisions of item were established as a result of action taken on Docket 976, Subject 10 (November 1997), and first appeared in Supplement 6 to NMF 100-X, effective April 18, The provisions have remained unchanged to the present. Note, item was established as a result of action taken on Docket 786, Subject 21 (September 1978), and first appeared in Supplement 1 to NMF 100-F, effective May 26, The Note has remained unchanged to the present. About Paper Towels This proposal embraces paper towels intended for various markets, including institutional, commercial or consumer settings. The examples below show a few configurations of these products. Length of core serves as an industry-accepted means of differentiating between categories of rolled paper towels. Commercial or industrial type paper towels generally have a core length of 10 inches or less, while household kitchen-type paper towels usually have a core length greater than 10 inches. Paper towels may or may not be perforated. While Note, item restricts application to rolled paper towels that have been perforated for individual use, many of the involved products utilize dispensers with cutter bars or other apparatus to facilitate the cutting of the paper. Information indicates shippers are disregarding the Note and shipping nonperforated paper towels per item Non-perforated Roll Towel Perforated Kitchen Towel C-fold Towel Subject 1, Page 2 of 4

7 SUBJECT 1 Transportation Characteristics Density Overall, the information of record includes 7,234 density observations submitted by shippers and carriers, collected during CCSB dock surveys and obtained from the CCSB s Density Study 1. Products reported to be moving under item range in density from 3.21 to pcf, with an average density of 9.81 pcf. Over 85% of the figures fall between 6 and 15 pcf. Products reported to be moving under item range in density from 1.47 to pcf, with an overall average density of 9.42 pcf. When the data is evaluated by reported subprovision, the following table shows the density ranges, averages and concentrations of density observations. Item Density Range Average Density (pcf) (pcf) Preponderance of Density Figures Sub Almost 76% fall between 6 and 15 pcf Sub Over 79% fall between 2 and 10 pcf Sub Over 74% fall between 6 and 15 pcf Handling and Stowability Paper towels are typically tendered in fiberboard boxes secured on lift truck skids or pallets. There have been no reports of unusual or significant handling or stowability concerns. Liability The involved commodities are not perishable, unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor do they appear likely to damage other freight. Responding shippers report four to 1,872 2 claims per year, and carriers indicate minimal to no claims on the involved products. The value per pound ranges from $0.48 to $1.53, with an average value of $1.05 per pound. Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to reflect a commodity s known transportation characteristics and for combining descriptions embracing related commodities. The provisions of item apply on folded paper towels shipped in dispensers or holders. Information of record indicates that these commodities range in density from 3.21 to pcf, with an average of 9.81 pcf, and a predominant concentration of density figures clustered around the average. They present no unusual or significant negative handling, stowability or liability issues. Under CCSB guidelines, an average density of 9.81 pcf is generally 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. 2 This number represents reported damage to individual boxes. Subject 1, Page 3 of 4

8 SUBJECT 1 associated with class 100, which calls for a minimum average density of 9 pcf. Despite the addition of dispensers or holders, the transportation characteristics of these commodities are markedly similar to those products currently encompassed under sub 4 of item As such, it would be in keeping with CCSB policy to cancel item with reference to item Concurrently, a new Note would be established and referenced in sub 4 of item to clarify that the provisions also apply on towels folded and placed in dispensers or holders. Information of record for products currently moving under item range in density from 1.47 to pcf, with no identified negative handling, stowability or liability characteristics. The current subprovisions are an industry-recognized means of distinguishing between categories of paper towels, with length of core serving as a basis for identified differences in density between commercial and household rolled paper towels. The table below shows the average densities and classes that emerge when item is evaluated by subprovision, as proposed. For each of the subs, a predominant concentration of density figures are clustered around the average. Amending the classes to reflect the respective average densities would be in keeping with CCSB policy. Item Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Sub Sub Sub There is no indication paper towels are currently being tendered in doublewall paper bags. Thus, item would further be amended to remove the packaging reference to doublewall paper bags. In the interest of uniformity, the inch designations in subs 2 and 3 would also be changed to numerals. Additionally, as detailed in the analysis, rolled paper towels may or may not be perforated for individual use. To avoid interpretative issues, Note, item would be canceled as having no further application. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and guidelines. 3 This average also incorporates the data of record for products currently moving under item Subject 1, Page 4 of 4

9 SUBJECT 2 Re: Shades or Blinds, interior, or Wood Shutters, interior Item CCSB Contact: Matthew S. Erim Telephone (703) erim@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class SHADES OR BLINDS GROUP: subject to item Shades or Blinds, interior, including Venetian Blinds, Mini-Blinds or Vertical Blinds; or Wood Shutters, interior; in boxes or crates: Sub 1 Greatest dimension 180 inches or more Sub 2 Greatest dimension 96 inches but less than 180 inches Sub 3 Greatest dimension less than 96 inches Proposed Classification Provisions Item Description Class SHADES OR BLINDS GROUP: subject to item Shades or Blinds, interior, including Venetian Blinds, Mini-Blinds or Vertical Blinds; or Wood Shutters, interior; in boxes or crates: Sub 1 Greatest dimension exceeding 192 inches Sub 2 Greatest dimension exceeding 96 inches but not exceeding 192 inches Sub 3 Greatest dimension not exceeding 96 inches Analysis Research Project 1250 This proposal is based on the information developed through Research Project 1250, which was initiated in February of 2015 to review the transportation characteristics of interior shades, blinds or wood shutters, as named in item Hereinafter, these products will be referred to as shades or blinds. History of Provisions Provisions applying on interior shades or blinds were adopted from the rails in Since that time, numerous proposals have established and/or amended various provisions applying on shades or blinds of different type, material construction and/or assembly. The current classes were established as a result of action taken on Subject 1 of Docket (May 2003). That proposal canceled the provisions of several items applying on interior shades or blinds, with reference to item Concurrently, all provisions related to shades or blinds were relocated under one generic heading. That proposal was approved as docketed, and the changes first appeared in Supplement 5 to NMF 100-AC, effective July 26, As a result Subject 2, Page 1 of 4

10 SUBJECT 2 of action taken on Docket , Subject 14 (June 2008) the language or Wood Shutters, interior was added to the description of item for clarification, and the provisions first appeared in Supplement 2 to NMF 100-AH, effective August 23, The provisions have remained substantially unchanged to the present. About Shades or Blinds Shades or blinds are types of window coverings used to manage sunlight, ensure privacy or security, or for purely decorative purposes. Shades or blinds are made from a variety of materials such as plastic, aluminum, fabric and wood 1. Examples are shown in the photos below. Transportation Characteristics Density The information of record includes 13,388 density observations submitted by shippers and carriers, observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study 2. The products range in density from 0.41 to pcf, with an overall average of 8.31 pcf. When the data is evaluated based on greatest dimension, where known, the following density ranges and averages emerge. Greatest Dimension Density Range (pcf) Average Density (pcf) Percentage of Figures in Group Exceeding 192 inches % Exceeding 96 inches but not exceeding 192 inches % Not exceeding 96 inches % 1 (Accessed July 2016) 2 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 2, Page 2 of 4

11 SUBJECT 2 Handling Shades or blinds are typically tendered in fiberboard boxes that may be secured on lift truck skids or pallets. Although some shipments include the shipper instructions Do Not Forklift, handling units not exceeding 96 inches in length generally do not pose any unusual or significant handling problems. However, shades or blinds vary greatly in size, with reported lengths up to 306 inches (25.5 feet) and an average length of inches (approximately 11 feet) 3. As the length/size increases, the handling into and out of the vehicle becomes considerably more difficult, and certain equipment, or additional personnel, may be necessary to safely handle long handling units. Furthermore, as the length increases, cross-dock operations can be significantly affected. Often there is not enough room at carrier facilities to safely or easily handle and maneuver excessively long units. Stowability Shades or blinds not exceeding 96 inches in length typically do not present significant negative stowability considerations, although some shipments include the shipper instructions Top Load Only or Do Not Double Stack. Excessively long handling units may be difficult to stow with other general freight, particularly as they may lack a flat load-bearing surface for top freight. Even if a flat load-bearing surface is available for other freight, it can be difficult for the carrier to make efficient use of remaining vehicle space due to the relatively narrow width of the involved handling units. Depending on the length/size of the article, the carrier will have to ensure that the freight will fit in the vehicle. Liability The involved commodities are not unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor do they appear likely to damage other freight. Responding shippers and carriers reported minimal to no claims for the involved articles. The value per pound for shades or blinds ranges from $4.65 to $17.65, with an average of $9.95 per pound. 3 Item (Rule) 568 for Heavy or Bulky Freight Loading or Unloading employs the threshold limit of exceeding 8 feet (96 inches) in greatest dimension as the measurement at which freight becomes more difficult to load and unload when compared to general freight. Subject 2, Page 3 of 4

12 SUBJECT 2 Relationship to CCSB Policies and Guidelines CCSB policies state that classifications should reflect a commodity s known transportation characteristics. The information of record includes 13,388 density observations, which average 8.31 pcf, with a range from 0.41 to pcf. Under CCSB guidelines, an average density of 8.31 pcf would generally call for class 110, absent any negative handling, stowing or liability considerations. However, as discussed in this analysis, shades or blinds can exhibit significant negative handling and stowing characteristics. Specifically, it was found that greatest dimension has the most considerable effect on the transportability of these products, and as the greatest dimension increases, the issues are amplified. Additionally, CCSB policy regarding clarification, simplification and uniformity calls, in part, for providing uniformity in provisions addressing the same or similar circumstances published in conjunction with different items. Amending the current greatest dimension delineations in item to be consistent with those in other items in the NMFC would be in keeping with CCSB policy. The following table identifies the resulting average densities, classes based on CCSB density guidelines, and the proposed classes, when the data is evaluated based on greatest dimension (in eight-foot increments). Greatest Dimension Average Density (pcf) Class Based on CCSB Density Guidelines Proposed Class Exceeding 192 inches Exceeding 96 inches but not exceeding 192 inches Not exceeding 96 inches As the greatest dimension increases, the more difficult the articles are to handle and stow. The proposed classes account for the increasingly less-than-favorable handling and stowing characteristics. Assignment of class 110 to shades or blinds having a greatest dimension not exceeding 96 inches is consistent with CCSB guidelines, while the assignment of classes 125 and 200 to those having a greatest dimension exceeding 96 inches in respective eight-foot increments reflects the increasingly significant handling and stowing problems associated with these articles. This approach is in keeping with CCSB precedent. As a result of action taken on Docket , Subject 11 (January 2014), the provisions for helicopter rotor blades and rotor blade leading edge covering were consolidated into item and amended to assign classes based on greatest dimension, with correspondingly higher classes assigned as greatest dimension increased (in eight-foot increments). That proposal was approved as docketed, and the provisions first appeared in Supplement 1 to NMF 100-AN, effective April 19, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. Subject 2, Page 4 of 4

13 SUBJECT 3 Re: Item (Rule) 680, Sec. 7(b)(1) Articles Unitized or Secured on Lift Truck Skids, Pallets or Platforms CCSB Contact: Erin N. Topper Telephone (703) topper@nmfta.org Proponent: Classification Resource Committee Proposed Classification Provisions It is proposed to amend Item (Rule) 680, Packing or Packaging General, to read as follows: ITEM 680 PACKING OR PACKAGING GENERAL Secs No Change. Articles Secured to Skids or to Lift Truck Skids, Pallets or Platforms, or Bundled Together Sec. 7. (a) No Change. Sec. 7. (b) (1) Except as required in Paragraph (2), articles in packages or shipping forms, as authorized in individual item descriptions, will be accepted when unitized or secured on lift truck skids, pallets or platforms meeting the requirements of Item 265. Unless otherwise provided, when in the specifications of numbered packages or in individual item descriptions articles are required to move on lift truck skids, pallets or platforms, such skids, pallets or platforms must meet the requirements of Item 265. Articles unitized or secured on lift truck skids, pallets or platforms must not overhang the skid, pallet or platform deck. (2) No Change. Note 5 No Change. Sec. 7. (c) No Change. Secs No Change. Analysis As a result of action taken on Docket , Subject 10 (September 2011), the language in what is now Paragraph (1) of Sec. 7(b) of Item 680 was amended to, among other things, provide a recommendation that freight unitized or secured on lift truck skids, pallets or platforms not overhang the deck of the lift truck skid, pallet or platform 1. It was found that when freight overhangs the lift truck skid, pallet or platform it exhibits negative handling, stowing and/or liability considerations as it is more susceptible to damage and can hinder the carrier s ability to structure the load. Based on the information reported on that record, the proposal was approved as modified, and the provisions were first published in Supplement 4 to NMF 100-AK, effective December 3, Sec. 7(b)(1) currently specifies, in part, Except where required by the applicable provisions, it is recommended that articles unitized or secured on lift truck skids, pallets or platforms not overhang the skid, pallet or platform deck. Subject 3, Page 1 of 3

14 SUBJECT 3 Recent reports indicate that LTL shipments are continuing to be tendered on lift truck skids, pallets or platforms that are not large enough to fully or adequately support the freight, creating handling, stowing and/or liability issues. The photos below show various types of freight that were tendered overhanging the lift truck skid, pallet or platform decks. As a general packaging principle it is preferable for freight not to overhang the deck. Freight overhanging the deck will be subjected to impacts that can result in punctures, abrasions and compression damage. According to a paper published by the Institute of Packaging Professionals (IoPP) Transport Packaging Committee 2, instances of high compressive force can occur when pallets and forklifts are used to sort or load and unload freight packages. This is especially true when freight packages overhang the pallet or are pushed into another pallet or against a vehicle or container wall. Boxes that overhang the edge further reduce[s] stack resistance and makes the [boxes] more liable to damage from contact with other pallets, backs of vehicles, etc 3. Furthermore, overhanging freight can pose a danger to adjacent freight. Per various participating carriers websites, they recommend their customers palletize their freight without overhang. 2 Guide to Packaging Freight Shipments (Published November 27, 2007) (accessed June 2016) 3 The User s Packaging Handbook, Paine F.A., 1991 Subject 3, Page 2 of 3

15 SUBJECT 3 Relationship to CCSB Policies and Guidelines CCSB packaging policies state that NMFC packaging rules and specifications should ensure freight will be adequately protected and can be handled and stowed in a manner that is reasonably safe and practicable so as to withstand the normal rigors of the less-thantruckload (LTL) environment. When freight is adequately unitized or secured on lift truck skids, pallets or platforms with no overhang of the skid, pallet or platform deck, it is better able to withstand the normal rigors of the LTL environment. Handling and stowability are also improved, and the risk to adjacent freight is minimized. Freight overhang is contrary to accepted packaging principles and leads to damage that otherwise might be preventable. In fact, the table below lists several Notes that have been added to the NMFC based on classification research or review, where the CCSB has found that freight tendered on improperly sized lift truck skids, pallets or platforms exhibited negative handling, stowing or liability considerations. In each of the resulting proposals, Note provisions were added requiring, among other things, that when tendered on lift truck skids or pallets the articles involved must not overhang the skid or pallet deck. It should be noted that over half of these Notes have been established since the recommendation was added in Item 680, Sec. 7(b) in Docket, Subject Note, Item Applicable Commodities , Roof Curbs , Ladders and Stepladders , Pedestrian Barricades , Enameled, Glazed or Surface-Coated Paper , , Paragraph 15 Fiberglass Ladders and Stepladders , Stone Blocks, Pieces or Slabs , Garage or Commercial or Industrial Building Doors or Door Sections or Grilles , Cages, Kennels or Doghouses , Magazines, Periodicals or Newspaper Inserts or Supplements , Plastic Film or Sheeting, other than rigid , Slate Blocks, Pieces or Slabs Based on the information of record, it would be in keeping with CCSB policies and precedent to amend Sec. 7(b)(1) of Item 680 to state that freight unitized or secured on lift truck skids, pallets or platforms must not overhang the deck of the lift truck skid, pallet or platform, as proposed. Subject 3, Page 3 of 3

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17 SUBJECT 4 Re: Ventilators, household stove or range hood CCSB Contact: Nathan D. Ripke Telephone (703) ripke@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class ELECTRICAL EQUIPMENT GROUP: subject to item Fans and Roof Ventilators combined, or Fans and Sidewall Ventilators combined, NOI, with exterior shrouds or cones, exhaust or ventilating, SU, in boxes, crates or Package 2045, or steel-strapped to wood skid platform with shutter end crated Ventilators, household stove or range hood, with centrifugal fan, roof or sidewall mounting, in boxes Proposed Classification Provisions Item Description Class ELECTRICAL EQUIPMENT GROUP: subject to item Fans and Roof Ventilators combined, or Fans and Sidewall Ventilators combined, with exterior shrouds or cones, exhaust or ventilating, SU, in boxes, crates or Package 2045, or steel-strapped to wood skid platform with shutter end crated Ventilators, household stove or range hood, etc.... Cancel; see item Analysis This proposal results from interpretation requests brought forth regarding the application of item 63497, shown above, and item 27200, naming Stove or Range Canopies or Hoods. The inquiries have centered on the proper classification provisions for household stove or range hoods equipped with ventilators. While some Classification users are attempting to apply item 63497, it is the CCSB s opinion that the applicable provisions for such articles are found in item The confusion appears to result from the fact that both provisions refer to stove or range hoods; however, item names and applies only on roof- or sidewallmounting ventilators, with centrifugal fan, for use with a household stove or range hood and not the actual hood itself. Accordingly, this proposal seeks to resolve the interpretation issue and concurrently address the transportation characteristics of the household stove or range hood ventilators. Subject 4, Page 1 of 3

18 SUBJECT 4 History of Provisions Item was established as a result of action taken on Docket 801, Subject 45 (January 1980), which was a shipper proposal to provide a specific listing for ventilators used in conjunction with household stove or range hoods. Information from the establishing record included two densities of 9.18 and pcf and two value figures of $2.05 and $2.33 per pound (in 1980 dollars). That proposal was approved as modified, and item was assigned class 100. Item 61940, which previously applied on these articles, was concurrently amended by the addition of NOI, for other types of fans and roof ventilators combined, or fans and sidewall ventilators combined. These changes first appeared in Supplement 9 to NMF 100-G, effective October 11, 1980, and the provisions of item have remained substantially unchanged to the present. About Household Stove or Range Hood Ventilators Information from the CCSB s records indicates that the provisions of item were established to apply on ventilator units that consisted of a centrifugal fan mounted in a shroud or housing designed for rooftop or sidewall mounting and connected to a household stove or range hood by ductwork. Due to their limited application, such units were small in size and, therefore, had higher densities than units designed for movement of larger quantities of air. Transportation Characteristics Density Information of record for products reportedly moving under item includes 1,755 figures obtained from the CCSB s Density Study 1. The densities range from 0.87 to pcf, with an average of 4.51 pcf. Over 93% of the figures fall between 2 and 8 pcf, indicating a large clustering of data around the average. Handling and Stowability The CCSB s files indicate the involved articles are shipped unitized on lift truck skids or pallets, and there have been no reports of any unusual or significant handling or stowability problems. Liability The involved ventilators are not unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor do they appear likely to damage other freight. There is no indication of a claims problem and no value information was obtained. The remaining liability elements do not significantly impact the evaluation of these products. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 4, Page 2 of 3

19 SUBJECT 4 Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to be as clear as possible to help preclude the potential for interpretation disputes. From interpretation inquiries, it appears that item 63497, applying on ventilators for household stove or range hoods, is being misapplied to shipments of stove or range hoods with ventilators. CCSB policy also calls for classification provisions to reflect a commodity s known transportation characteristics. Information of record indicates products reportedly moving under item range in density from 0.87 to pcf, with an average of 4.51 pcf, and no unusual or significant handling, stowability or liability characteristics. As mentioned in the analysis, the preponderance of density figures are concentrated within a narrow range around the overall average. Under CCSB guidelines, an average density of 4.51 pcf is generally associated with class 200, which calls for a minimum average density of 4 pcf. To address both the interpretation issue and the transportation characteristics of record, this proposal would cancel item with reference to item where class 200 is assigned to fans and roof ventilators combined, or fans and sidewall ventilators combined. Concurrently, item would be amended to remove the NOI reference from its description. With respect to the proposed class assignment, a similar approach was taken on Docket , Subject 10 (June 2015), involving item for night-lights. No significant handling, stowability or liability concerns were reported, and, as such, density was determined to be the primary transportation characteristic. As with household stove or range hood ventilators, night-lights exhibited a wide range of densities from 2.17 to pcf with a significant concentration of density observations over 76% clustered around the overall average density of 7.09 pcf. Based on the information of record, and in keeping with CCSB guidelines, that proposal was approved as docketed, assigning class 125, and the provisions first appeared in Supplement 2 to NMF 100-AO, effective August 22, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 4, Page 3 of 3

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21 SUBJECT 5 Re: Aquatic Plants CCSB Contact: Allison L. Austin Telephone (703) austin@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FLORIST OR NURSERY STOCK GROUP: subject to item Florist or Nursery Stock, NOI, including Cuttings, Scions or Seedlings: Sub 1 In packages other than boxes Sub 2 In boxes Proposed Classification Provisions Item Description Class FLORIST OR NURSERY STOCK GROUP: subject to item A-NEW Aquatic Plants, in packages, see Note, item B-NEW B-NEW NOTE Plants must be packaged for shipment so as to prevent leakage during transport Florist or Nursery Stock, etc... No Change Analysis Research Project 1219 Subject 7 of Docket (January 2014) was a shipper proposal to add a new item under the Florist or Nursery Stock Group for aquatic plants. Aquatic plants are not specifically named within the NMFC and have been moving under item 71200, applying on Florist or Nursery Stock, NOI. The proponent of that proposal sought to establish a new item that encompassed all aquatic plants, at a single class Given the significant negative handling, stowability and liability characteristics exhibited by this commodity, the CCSB voted to disapprove the proposal at its public meeting on January 28, 2014 and, later, initiated Research Project 1219 to investigate the transportation characteristics of aquatic plants. 1 The class proposed by the proponent was reflective of a one-class adjustment based on the average density of record, in recognition of negative handling, stowability and liability characteristics. Subject 5, Page 1 of 4

22 SUBJECT 5 About Aquatic Plants Aquatic plants are live plants that live at least partially, if not entirely, submerged in water. These plants are either rooted in the mud or float without an anchor in an aqueous habitat; they cannot survive without abundant water or soil moisture. If the water diminishes, or the soil around the root of the system becomes dry for an extended period of time, aquatic plants will experience severe water stress and can become dormant or perish. Examples of aquatic plants are shown below. Shipments of Aquatic Plants The photos below show examples of aquatic plants as tendered for shipment. As can be seen, shipments vary greatly from one handling unit to another. Aquatic plants are shipped in pots, in fiberboard containers with or without covers and are secured on lift truck skids or pallets, or they may be shipped on lift truck skids or pallets with standing sides and ends. It should be noted, however, that one handling unit may have a combination of both openand closed-top containers. While not shipped in water, residual soil moisture may be present during transport. Subject 5, Page 2 of 4

23 SUBJECT 5 Transportation Characteristics Density The information of record includes 46 density observations submitted by shippers and observed on CCSB carrier and shipper dock surveys. Aquatic plants range in density from 2.15 to pcf, with an average of 9.47 pcf. Over 65% of the figures fall between 6 and 12 pcf. Handling Information of record indicates that aquatic plants are tendered in a variety of packages and configurations secured on lift truck skids or pallets. Aquatic plants are often left largely unprotected and may require extra care and attention when handling 2. Stowability Aquatic plants cannot be directly top loaded. As depicted in the photos on page 2, many packages do not have covers or tops, which allows the foliage to protrude from the top of the container. Due to the restrictions on stacking or loading other freight on top, carriers are prevented from utilizing all available vehicle space, resulting in considerable stowability issues. With little to no protective packaging, aquatic plants, which are inherently fragile, are also more liable to damage. This can limit the type of freight that may safely be loaded adjacent to them, resulting in increased time on the part of the carrier to properly structure the load, including the use of load decks and/or dunnage, to minimize the potential for damage. Liability Aquatic plants are not hazardous in nature, unusually susceptible to theft, and there is no evidence that they are likely to damage other freight. These products often exceed the height of the package. This increased exposure to the elements and surrounding freight, which is further exacerbated by the fragility of the commodity, greatly elevates the risk of damage. Similar to other live plants, aquatic plants are inherently perishable. Extreme temperatures or environmental conditions may also compromise the integrity of the aquatic plants. Some shipments specify that the Carrier is Not Responsible for Damage Due to Heat or Cold, because of the temperature demands of the product, and are additionally marked Do Not Delay Live Plants, due to the inherent perishability. Shipper-reported claims information cites zero claims filed for a one-year period. The overall value per pound ranges from $0.89 to $6.67, with an average value of $2.14 per pound. Relationship to CCSB Policies and Guidelines CCSB policy calls for the establishment or amendment of classifications for commodities that are a source, or potential source, of interpretation disputes so as to eliminate or avoid those disputes. Aquatic plants are not specifically named within the Classification, which has resulted in some confusion as to the applicable provisions for this commodity. This proposal would establish a new, specific item for aquatic plants under the Florist or Nursery Stock Group. 2 The photo on this page depicts a shipment of aquatic plants observed during a CCSB carrier dock survey where the pots of aquatic plants and soil tipped over during transit. Subject 5, Page 3 of 4

24 SUBJECT 5 CCSB policy also calls for provisions to reflect a commodity s known transportation characteristics. Information of record for aquatic plants shows a range in density from 2.15 to pcf, with an average density of 9.47 pcf, and the preponderance of density figures concentrated around the overall average. Per CCSB density guidelines, an average density of 9.47 pcf is generally associated with class 100, which calls for a minimum average density of 9 pcf. However, CCSB policies further state that unusual or significant negative handling, stowability or liability characteristics may be contributing factors in the assignment of classes. Negative handling, stowability and liability concerns have been detailed in this analysis. These concerns include such factors as requiring extra care and attention during handling, the lack of a load-bearing surface for top freight, and the risk of damage during transit. Based on the identified negative handling, stowing and liability concerns, classification precedent has been to assign classes higher than those associated with the CCSB density guidelines. Under this proposal, aquatic plants would be assigned class 125, two classes higher than that called for by the average density. This class assignment would more accurately reflect the transportability of these commodities. A new Note would be added and referenced by the new item for aquatic plants. The Note would provide additional packaging requirements by specifying that the plants must be packaged for shipment so as to prevent leakage during transport. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy. Subject 5, Page 4 of 4

25 SUBJECT 6 Re: Dampers, Louvers or Shutters, air, fire or smoke Item CCSB Contact: Keith L. Charles, Jr. Telephone (703) charles@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class Dampers, Louvers or Shutters, NOI, air, fire or smoke, with or without screen cloth backing, in boxes, crates or Package 762, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 4 but less than Sub 3 6 or greater: Sub 4 Aluminum, other than cast or extruded; or wood Sub 5 Steel, cast aluminum or extruded aluminum Proposed Classification Provisions Item Description Class Dampers, Louvers or Shutters, NOI, air, fire or smoke, with or without screen cloth backing, in boxes, crates or Package 762, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 4 but less than Sub 3 10 or greater Analysis Research Project 1241 This proposal is based on information developed through Research Project 1241, which was initiated in November of 2014 to address interpretative issues regarding the material construction of dampers, louvers or shutters, as named in item 55742, and to investigate the transportation characteristics of the products. History of Provisions The basic provisions for dampers, louvers or shutters were adopted from the rails and first appeared in LTL-1, effective April 1, The provisions of item were established as a result of action taken on Docket 755, Subject 52 (July 1975). That proposal canceled and consolidated multiple items due to interpretation issues. That proposal was approved as modified, and the provisions first appeared in Supplement 21 to NMF 100-B, effective February 13, Subject 6, Page 1 of 4

26 SUBJECT 6 As a result of action taken on Docket 931, Subject 7 (February 1993), the provisions for dampers, louvers or shutters, NOI were amended for simplification and to establish subprovisions and classes that were more reflective of the involved products transportation characteristics. That proposal was approved as docketed, and the change first appeared in Supplement 2 to NMF 100-T, effective July 10, The current provisions of item were established as a result of action taken on Docket 936, Subject 18 (September 1993). The changes first appeared in Supplement 7 to NMF 100-T, effective November 27, 1993, and the provisions have remained substantially unchanged to the present. About Dampers, Louvers or Shutters The information of record encompasses a variety of dampers, louvers or shutters, which are used to control or regulate airflow. The involved products can vary in size, configuration and material construction. Examples of various dampers, louvers or shutters are shown in the photos below. Subject 6, Page 2 of 4

27 SUBJECT 6 Transportation Characteristics Density Information of record includes 29,879 density observations submitted by shippers and carriers, observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study 1. The products range in density from 0.25 to pcf, with an average of 6.94 pcf. Due to the wide range of densities, the data can be divided into three density groupings of less than 4 pcf, 4 but less than 10 pcf, and 10 pcf or greater. When the data is evaluated on the basis of these three density groupings, the ranges and averages shown in the table below are calculated. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater Handling and Stowability The involved commodities are generally tendered in boxes secured on lift truck skids or pallets, or in crates, which permit mechanical handling and generally provide a flat load-bearing surface, as seen in the photos below. The handling units may include shipper instructions or precautionary markings such as Handle with Care, Fragile and/or Do Not Stack. However, no significant handling or stowability issues have been reported. Liability The involved products are not perishable, hazardous in nature, unusually susceptible to theft, unusually liable to damage, and would not appear likely to damage other freight. Responding shippers and carriers reported minimal to no claims for the involved articles. The value per pound ranges from $2.00 to $8.62, with an average of $4.50 per pound. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 6, Page 3 of 4

28 SUBJECT 6 Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classifications for commodities that are a source, or potential source, of interpretation disputes so as to eliminate or avoid those disputes. The CCSB has received interpretation inquiries regarding the applicable subprovisions for dampers, louvers or shutters, as relates to material construction. This proposal would eliminate the material construction delineation currently specified in item CCSB policy also calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. The information of record for dampers, louvers or shutters shows that these products have a density range from 0.25 to pcf, with an overall average of 6.94 pcf, and no unusual or significant handling, stowability or liability characteristics. Under CCSB guidelines, an average density of 6.94 pcf is generally associated with class 150, which calls for a minimum average density of 6 pcf. However, when commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. When the data of record is evaluated based on the proposed density breaks at 4 and 10 pcf, the following average densities and classes emerge. Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Less than but less than or greater It would be in keeping with CCSB policy and precedent to establish classes predicated on two density breaks at 4 and 10 pcf 2 for the involved products. A similar approach was taken on Docket , Subject 7 (May 2016), when density intervals at less than 8 pcf, 8 but less than 12 pcf, and 12 pcf or greater were assigned to cable assemblies or harnesses, electrical wiring, NOI, as named in item 61130, reflective of the respective average densities and density guidelines. That proposal was approved as docketed, and the provisions first appeared in Supplement 2 to NMF 100-AP, effective August 13, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. 2 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 6, Page 4 of 4

29 SUBJECT 7 Re: Pipe or Tubing, brass, bronze or copper, insulated or jacketed CCSB Contact: Erin N. Topper Telephone (703) topper@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item Pipe or Tubing, nickel-silver, in boxes, crates or drums, or on reels Pipe, Tubing, or Pipe or Tubing Fittings, brass, bronze or copper, combined or not combined with other materials, NOI, in packages: Sub 1 Greatest dimension exceeding 192 inches Sub 2 Greatest dimension exceeding 96 inches but not exceeding 192 inches. 85 Sub 3 Greatest dimension not exceeding 96 inches Proposed Classification Provisions Item Description Class CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item A-NEW Pipe or Tubing, brass, bronze or copper, insulated or jacketed with expanded plastic, combined or not combined with other materials, see Note, item B-NEW, in coils in boxes B-NEW NOTE Applies on insulated or jacketed pipe or tubing used in air conditioning, refrigeration or similar applications, including pipe or tubing line sets that are physically combined. C-NEW Pipe or Tubing, nickel-silver, in boxes, crates or drums, or on reels Pipe or Tubing, nickel-silver, etc... Cancel; see item C-NEW Pipe, Tubing, or Pipe or Tubing Fittings, brass, bronze or copper, combined or not combined with other materials, NOI, etc... No Change Analysis Research Project 1257 This proposal is based on the information developed during Research Project 1257, which was initiated in July of 2015 due to low-density observations of insulated or jacketed metal pipe or tubing. During the course of research it was found that the products in question were limited to insulated or jacketed brass, bronze or copper pipe or tubing, which is currently classified in item Therefore, this proposal will address only these products. Subject 7, Page 1 of 3

30 SUBJECT 7 About Insulated or Jacketed Brass, Bronze or Copper Pipe or Tubing Insulated or jacketed brass, bronze or copper pipe or tubing consists of a thin pipe or tube, covered with expanded plastic and other materials, such as aluminum or nonexpanded plastic. These products are designed for use in air conditioning, refrigeration and other similar applications. They are shipped in coils and may consist of a single line or two lines that are machined together called line sets. Examples of the products are shown below. Transportation Characteristics Density The information of record includes 44 density observations, submitted by a shipper, by carriers, and obtained from the CCSB s Density Study 1. The densities range from 3.74 to 9.39 pcf, with an average density of 5.53 pcf. Handling and Stowability The involved articles are shipped coiled in boxes secured on lift truck skids or pallets, such as those shown in the photo on the right. Although some handling units may be marked with shipper instructions or precautionary markings such as orientation arrows, fragile and keep dry, there is no indication of any negative handling or stowing considerations. Liability The articles are not perishable, unusually susceptible to theft, unusually liable to damage, and do not appear likely to damage other freight. One shipper reported zero claims during a one-year period. One carrier reported zero claims for known shippers of this commodity. No information on the value per pound was obtained during research. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 7, Page 2 of 3

31 SUBJECT 7 Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to reflect a commodity s known transportation characteristics. Based on the information of record, insulated or jacketed brass, bronze or copper pipe or tubing ranges in density from 3.74 to 9.39 pcf, with an average density of 5.53 pcf. An average density of 5.53 pcf is generally associated with class 175, based on CCSB guidelines, which call for a minimum average density of 5 pcf. No significant handling, stowing or liability considerations were identified. Therefore, it would be in keeping with CCSB policies to add a new item to specifically name insulated or jacketed brass, bronze or copper pipe or tubing, in coils, at class 175. A new Note would concurrently be established and referenced by the new item to clarify what the item applies on. Finally, item 52180, which names nickel-silver pipe or tubing, would be canceled and reestablished as a new item, with no change, to allow for proper alphabetizing within the NMFC. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and guidelines. Subject 7, Page 3 of 3

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33 SUBJECT 8 Re: Licorice Candy CCSB Contact: Allison L. Austin Telephone (703) austin@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CANDY GROUP: subject to item Licorice (Licorice Extract) Stick, in boxes or drums. See item for class dependent upon agreed or released value Licorice Compound (made of flour, molasses, charcoal, licorice mass and anise), Penny Pieces, in boxes or drums Proposed Classification Provisions Item Description Class CANDY GROUP: subject to item Licorice (Licorice Extract) Stick, etc... Cancel; see item A-NEW A-NEW Licorice Candy, see Note, item B-NEW, in boxes B-NEW NOTE Applies only on licorice candy containing licorice extract. For provisions applicable to candy not containing licorice extract, see item Licorice Compound (made of flour, molasses, charcoal, licorice mass and anise), Penny Pieces, etc... Cancel; see item A-NEW Analysis Research Project 1258 This proposal is based on information developed through Research Project 1258, which was initiated in August 2015 to address interpretation questions and review the transportation characteristics of licorice. History of Provisions The provisions of items and were adopted from the rails in The current provisions of item were established as a result of action taken on Special Docket No. 3 (issued March 15, 1952) and first appeared in NMFC A-1, effective July 10, The current provisions of item were established as a result of action taken on Special Docket No. 1 (issued July 20, 1949) and first appeared in NMFC A-1, effective July 10, The provisions have remained substantially unchanged to the present 1. 1 Other than the subsequent reference to item in item Subject 8, Page 1 of 3

34 SUBJECT 8 About Licorice Candy The involved category of candy is manufactured using the extract derived from the root of the licorice (glycyrrhiza glabra) shrub. While concentrations may vary, licorice extract is typically combined with sugar, gelatin and flour, along with other natural or artificial ingredients, to produce a gelled confection 2. Similar imitation candies may appropriate the licorice term or market identity; however, these products use other flavorings to simulate the taste and do not contain licorice extract. Examples of a few of the various forms of licorice candy are shown below, which includes sticks, nubs and wheels. Transportation Characteristics Density Information of record for licorice candy includes 1,244 density observations collected during a CCSB dock survey and obtained from the CCSB s Density Study 3. The products range in density from 4.50 to pcf, with an average density of pcf. Over 79% of the figures fall between 12 and 22.5 pcf. Handling and Stowability Licorice candy is typically tendered in fiberboard boxes secured on lift truck skids or pallets. As with other food, care must be taken to avoid stowing the involved commodities with hazardous materials or other freight that may pose a contamination risk. However, no significant handling or stowability issues have been reported. Liability Licorice candy is not perishable, hazardous in nature, unusually susceptible to theft, and would not appear likely to damage other freight. It may be damaged by freight with which stowed or by the elements. As with other food, these products may require extra care or attention to avoid contamination. However, there is no indication of a claims problem. No value information has been obtained on licorice candy. 2 Hartel, Richard W., and AnnaKate Hartel. Candy Bites: The Science of Sweets. New York: Springer Science and Business Media, Google Books. Web (accessed June 2016) 3 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 8, Page 2 of 3

35 SUBJECT 8 Relationship to CCSB Policies and Guidelines CCSB policy calls for provisions to be as clear as possible to mitigate the potential for interpretation disputes, combining descriptions embracing related commodities, and replacing outdated terminology in the interest of clarification and simplification. This proposal would cancel the provisions of items and with reference to a new item for Licorice Candy. CCSB policy also calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Information of record for licorice candy shows a range in density from 4.50 to pcf, with an average density of pcf, and a predominant concentration of density figures within a narrow range around the overall average. While there are some handling, stowability and liability concerns inherent with shipping licorice candy, they do not appear to significantly impact the transportability of these products. As such, per CCSB policy, density is the governing characteristic in the assignment of classes. Under CCSB guidelines, an average density of pcf is generally associated with class 70, which calls for a minimum average density of 15 pcf. Accordingly, this proposal would assign class 70 to the new item. Furthermore, a new attendant Note would be added to clarify that the new item applies only on licorice candy containing licorice extract, and to direct the Classification user to item for the applicable provisions on candy that does not contain licorice extract. Precedent for this approach can be found in Docket , Subject 7 (May 2014), involving wood shakes or shingles. No significant handling, stowability or liability concerns were reported and, as such, density was determined to be the primary transportation characteristic. Wood shakes or shingles exhibited a wide range of densities 3.20 to pcf with a significant concentration of density observations over 73% clustered around the overall average density of pcf. Based on the information of record, and in keeping with CCSB guidelines, that proposal was approved as docketed, assigning class 70, and the provisions first appeared in Supplement 2 to NMF 100-AN, effective August 9, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 8, Page 3 of 3

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37 SUBJECT 9 Re: Blocks, Pieces or Slabs, soapstone or talc CCSB Contact: Matthew S. Erim Telephone (703) erim@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class GRAVEL OR STONE GROUP: subject to item Soapstone or Talc, blocks, pieces or slabs, rough quarried or not further finished than sawed or chipped on four sides, in bags, boxes, crates or drums Soapstone or Talc, slabs, dressed, or forms, NOI, in boxes, crates or drums Proposed Classification Provisions Item Description Class A-NEW Sub 1 Sub 2 GRAVEL OR STONE GROUP: subject to item Soapstone or Talc Blocks, Pieces or Slabs, NOI: Mounted diagonally or vertically on lift truck skids, pallets or platforms or on shipping carriers or racks, see Notes, items B-NEW, C-NEW and D-NEW In boxes or crates, or on lift truck skids, pallets or platforms, other than as set forth in sub 1, see Notes, items C-NEW and D-NEW: Sub 3 Exceeding 96 inches in length Sub 4 Not exceeding 96 inches in length B-NEW NOTE Applies on soapstone or talc blocks, pieces or slabs, boxed or other than boxed, secured and oriented diagonally or vertically on lift truck skids, pallets or platforms or shipping carriers or racks. C-NEW NOTE Soapstone or talc blocks, pieces or slabs 2 inches or less in thickness must be in boxes or crates, or be protected by crating, with protective packing forms or other packaging materials sufficient to prevent damage from shock or vibration. Handling units must be marked Fragile. D-NEW NOTE Soapstone or talc blocks, pieces or slabs tendered for shipment on lift truck skids, pallets or platforms or on shipping carriers or racks must be securely fastened to and must not overhang the edges of the lift truck skid, pallet or platform deck or shipping carrier or rack. Except as otherwise required by Note, item C-NEW, exposed surfaces and edges must be completely wrapped with plastic film or corrugated fiberboard or protected by wood or similar material Soapstone or Talc, blocks, pieces or slabs, rough quarried or not further finished than sawed or chipped on four sides, etc... Cancel; see item A-NEW Soapstone or Talc, slabs, dressed, or forms, NOI, etc... Cancel; see item A-NEW Subject 9, Page 1 of 6

38 SUBJECT 9 Analysis Research Project 1238 This proposal is based on information developed through Research Project The project was initiated in October 2014 in response to reports that shipments of soapstone or talc blocks, pieces or slabs, as named in items and 90420, exhibited transportation characteristics inconsistent with the currently assigned class 50. Hereinafter, these products will be referred to as soapstone. History of Provisions The provisions of item first appeared in Supplement 7 to LTL-1, effective October 10, The current class was established as a result of action taken on Special Docket No. 1 (issued July 20, 1949) and first appeared in NMFC A-1, effective July 10, The provisions of item were adopted from the rails and first appeared in LTL-1, effective April 1, As a result of action taken on Special Docket No. 1 (issued July 20, 1949), class 60 was assigned. However, that action was subsequently corrected with an adjustment to class 50, which first appeared in Supplement 2 to NMFC A-1, effective July 10, The provisions have remained substantially unchanged to the present. About Soapstone Soapstone is a type of metamorphic rock. It is largely composed of talc 1, which is a relatively soft clay mineral composed of hydrated magnesium silicate 2. Shipments of Soapstone Soapstone may be shipped in boxes or crates, but it is generally shipped on lift truck skids, pallets or platforms or on shipping carriers or racks (hereinafter referred to as pallets ), and may be mounted diagonally or vertically, i.e. on edge. The shipments may contain single or multiple blocks, pieces or slabs, which when not tendered boxed or crated may or may not be covered with fiberboard, plastic film or wood. The pallets are generally built long enough to support the entire block(s), piece(s) or slab(s), but sometimes the freight may overhang the pallet. 1 (accessed June 2016) 2 (accessed June 2016) Subject 9, Page 2 of 6

39 SUBJECT 9 Transportation Characteristics Density The information of record includes 45 density observations of soapstone. Density observations were submitted by shippers and carriers, and obtained from the CCSB s Density Study 3. The densities range from 2.50 to pcf, with an overall average of pcf. An analysis of the data reveals that soapstone mounted diagonally or vertically on pallets has an average density of pcf. Soapstone not mounted diagonally or vertically on pallets has an average density of pcf. When shipments of soapstone not mounted diagonally or vertically on pallets are evaluated based on length, those with a length exceeding 96 inches have a density of 9.54 pcf, while those not exceeding 96 inches have an average density of pcf. Handling Extra care and attention is necessary when handling soapstone. When the length exceeds 96 inches, additional equipment, such as fork extensions, or additional personnel may be necessary to safely handle the freight. Stowability Soapstone will likely require floor loading due to its weight. When not mounted diagonally or vertically for shipment, the freight will generally provide a regular load-bearing surface, although some handling units are marked with shippers instructions, Do Not Double Stack. The information of record shows that while many of these handling units do not exceed 96 inches in length, some do. Handling units that exceed 96 inches in length present additional stowing considerations, as they may complicate the carrier s ability to structure a load and maximize vehicle utilization. 3 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 9, Page 3 of 6

40 SUBJECT 9 Soapstone mounted diagonally or vertically on pallets is more difficult to stow than general packaged freight. Due to the configuration and size of the handling units, carriers are restricted to floor loading, and they may have difficulty loading other shipments around these products, as there may be no lateral support for adjacent freight. Carriers are unable to stack freight on these handling units due to the lack of a flat load-bearing surface, which can significantly impact the loaded density. When 96 inches is assumed as the inside height of the vehicle, the average density of this type of packaging and orientation decreases from to 8.54 pcf. Liability Soapstone is not perishable, hazardous in nature, or unusually susceptible to theft. Soapstone is vulnerable to damage, particularly when not in boxes or crates or not adequately protected by packaging materials, such as fiberboard or wood. Soapstone is relatively soft because of its high talc content, and as the thickness of the soapstone decreases, it becomes even more fragile. Without sufficient packaging, soapstone blocks, pieces or slabs that are 2 inches or less in thickness may be damaged by shock or vibration. In some instances, the soapstone may overhang the pallet, which could also leave portions of the soapstone exposed to damage. Shipper-provided information reveals a range of zero to 2,000 claims annually for the involved commodity. The carriers that responded to our claims inquiry did not indicate a claims problem. The value per pound for the involved commodity ranges from $1.17 to $1.67, with an average of $1.42 per pound. Relationship to CCSB Policies and Guidelines Research Project 1238 was initiated to determine the current transportation characteristics of soapstone or talc blocks, pieces or slabs, as it had been reported that much of this freight exhibits transportation characteristics inconsistent with the currently assigned class 50. The information of record for this commodity indicates a range in density of 2.50 to pcf, with an average of pcf. However, soapstone is inherently liable to damage, particularly when not in boxes or crates or not adequately protected by packaging materials. This will impact handling and stowability regardless if the soapstone is tendered flat or on edge. In fact, it could be argued that shipping soapstone on edge, i.e. mounted diagonally or vertically, can reduce liability risk, and therefore, improve handling. Due to the configuration and size of the handling units when soapstone blocks, pieces or slabs are mounted diagonally or vertically on pallets, carriers are restricted to floor loading, and they may have difficulty structuring the load due to the lack of lateral support for other freight. In addition, the handling units do not provide a flat load-bearing surface, which affects the loaded density. When the data is evaluated using 96 inches as the inside height of the vehicle, the average loaded density for articles when tendered in this manner is 8.54 pcf. An average density of 8.54 pcf is typically associated with class 110, which under CCSB guidelines calls for a minimum average density of 8 pcf. Subject 9, Page 4 of 6

41 SUBJECT 9 Soapstone not mounted diagonally or vertically for shipment has an average density of pcf. An average density of pcf is typically associated with class 70, which calls for a minimum average density of 15 pcf. When tendered in boxes or crates or adequately protected by packaging materials, the risk of damage may be mitigated; nevertheless, extra care and attention is necessary when handling and stowing this product. Also, as discussed in the analysis, handling units of soapstone that exceed 96 inches in length result in additional, negative handling and stowing considerations. CCSB policies state that classification provisions should reflect a commodity s transportation characteristics, and the packaging specifications should ensure that freight is adequately protected in the motor carrier environment. Based on the information of record, it would be in keeping with CCSB policies to cancel items and with reference to a new item under the Gravel or Stone Group for Soapstone or Talc Blocks, Pieces or Slabs, NOI. Soapstone blocks, pieces or slabs mounted diagonally or vertically on lift truck skids, pallets or platforms or on shipping carriers or racks would be assigned class 110, based on the average loaded density of 8.54 pcf. Additionally, classes would be provided based on the length of the handling unit when not mounted diagonally or vertically for shipment. In view of their respective transportation characteristics, handling units not exceeding 96 inches in length would be assigned class 77.5 one class higher than that called for under CCSB guidelines for the average density of pcf and handling units exceeding 96 inches in length would be assigned class 125 two classes higher than that called for under CCSB guidelines for the density of 9.54 pcf. Concurrently, three new Notes would be added. The first new Note would further define Mounted diagonally or vertically on lift truck skids, pallets or platforms or on shipping carriers or racks. The second Note would provide packaging requirements for soapstone blocks, pieces or slabs 2 inches or less in thickness. The third Note would provide additional packaging requirements for soapstone tendered on lift truck skids, pallets or platforms or on shipping carriers or racks by specifying the soapstone must be securely fastened to and must not overhang the edges of the lift truck skid, pallet or platform deck or shipping carrier or rack, and except as otherwise required when 2 inches or less in thickness, must have exposed surfaces and edges completely wrapped with plastic film or corrugated fiberboard or protected by wood or similar material. This proposal is consistent with classification precedent. As a result of action taken on Docket , Subject 6 (May 2016), item 90280, applying on slate blocks, pieces or slabs, was amended to provide classes based on packaging and length. Class 250 was assigned for articles mounted diagonally or vertically on lift truck skids, pallets or platforms or on shipping carriers or racks, based on the loaded density of the handling units. Additionally, classes were provided based on the length of the handling unit when not mounted diagonally or vertically for shipment. Handling units not exceeding 96 inches in length were assigned class 65, one class higher than that called for under CCSB guidelines for the respective average density, and handling units exceeding 96 inches in length were assigned class 85, two classes higher than that called for under CCSB guidelines. That proposal was approved as modified, and the provisions first appeared in Supplement 2 to NMF 100-AP, effective August 13, Subject 9, Page 5 of 6

42 SUBJECT 9 Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 9, Page 6 of 6

43 SUBJECT 10 Re: Refrigerant Reclaiming or Recovery Machines Item CCSB Contact: Walter A. Whalen Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item Ice Making or Refrigerating Machinery or Machines: subject to item Refrigerant Reclaiming or Recovery Machines, see Note, item , in boxes or crates NOTE Applies on machines designed to reclaim, recycle or recover refrigerant gas or liquid. Proposed Classification Provisions Item Description Class MACHINERY GROUP: subject to item Ice Making or Refrigerating Machinery or Machines: subject to item A-NEW Machines, refrigerant reclaiming or recovery, see Notes, items B-NEW and C-NEW, in boxes or crates, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 8 but less than Sub 3 12 or greater B-NEW NOTE Applies on machines designed to reclaim, recycle or recover refrigerant gas or liquid. C-NEW NOTE Does not apply on refrigerant reclaiming or recovery machines equipped with storage tanks for holding or storing recovered refrigerant. For applicable provisions, see item Refrigerant Reclaiming or Recovery Machines, etc... Cancel; see item A-NEW NOTE Cancel; see item B-NEW. Analysis Research Project 1236 This proposal is based on the information developed through Research Project 1236, which was initiated in September of 2014 to investigate the transportation characteristics of gas or liquid reclaiming or recovery machines, including refrigerant reclaiming or recovery machines, as named in item Subject 10, Page 1 of 4

44 SUBJECT 10 History of Provisions The provisions of item were established as a result of action taken on Docket , Subject 17 (February 2005). That proposal sought to establish a new item for Refrigerant Reclaiming or Recovery Machines, at class 85 and, additionally, to establish an attendant Note specifying that the provisions apply on machines designed to reclaim, recycle or recover refrigerant gas or liquid. Information on that record showed densities ranging from 5.81 to pcf, with an average density of pcf. No unusual or significant handling, stowability or liability problems were indicated. Value information ranged from $11.63 to $22.86 per pound for the involved products, with a simple average value of $16.05 per pound (in dollars). The proposal was approved as docketed, and the provisions first appeared in Supplement 2 to NMF 100-AE, effective April 30, Docket , Subject 3 (September 2014) was a shipper proposal to reclassify refrigerant reclaiming or recovery machines by establishing density-based classes. The proposal was disapproved, and the CCSB initiated Research Project 1236 to investigate the transportation characteristics of the involved commodities. About Refrigerant Reclaiming or Recovery Machines Refrigerant reclaiming or recovery machines are used to reclaim a refrigerant gas by extracting the used refrigerant, purifying it by removing any contaminants and then returning the reclaimed refrigerant back to the system from which it was removed, and/or pumping clean or new refrigerant into the system. These machines are designed to prevent leakage of the refrigerant gas into the atmosphere. The involved commodities can vary in configuration and size as shown in the photos below. Subject 10, Page 2 of 4

45 SUBJECT 10 Transportation Characteristics Density The information of record includes 973 density observations submitted by shippers and carriers, observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study 1. The products range in density from 2.40 to pcf, with an overall average of 9.59 pcf. The data can be divided into three density groupings of less than 8 pcf, 8 but less than 12 pcf, and 12 pcf or greater. When the data is evaluated on the basis of those three density groupings, the ranges and averages shown in the table below are calculated. Density Group (pcf) Density Range (pcf) Average Density (pcf) Percentage of Figures in Group Less than % 8 but less than % 12 or greater % Handling and Stowability Refrigerant reclaiming or recovery machines are typically shipped in fiberboard boxes of regular size and shape that may be palletized for shipment, such as that shown in the picture on the right. No unusual or significant handling or stowability considerations have been identified. Liability Refrigerant reclaiming or recovery machines are not perishable, unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor do they appear likely to damage other freight. There is no indication of a claims problem. The value per pound ranges from $0.67 to $17.00, with an average of $13.90 per pound. Relationship to CCSB Policies and Guidelines CCSB policy calls for listing commodity descriptions alphabetically by noun and structuring descriptions to foster clarification and simplification. The provisions of item are currently listed by the descriptive term Refrigerant Reclaiming or Recovery rather than the noun Machines. Accordingly, this proposal would cancel item and concurrently reestablish it as a new item listed by the noun Machines. Note, item would be canceled and reestablished to follow the new item. Further, in the interest of clarification, a new Note would also be established to clarify that the provisions do not apply on refrigerant reclaiming or recovery machines equipped with storage tanks for holding or storing recovered refrigerant, and to direct the NMFC user to item for the applicable provisions. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 10, Page 3 of 4

46 SUBJECT 10 CCSB policy also calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Information of record indicates that refrigerant reclaiming or recovery machines range in density from 2.40 to pcf, with an overall average of 9.59 pcf, and no unusual or significant handling, stowability or liability characteristics. Under CCSB guidelines, an average density of 9.59 pcf is generally associated with class 100, which calls for a minimum average density of 9 pcf. However, when commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. When the data of record is evaluated based on the proposed density breaks at 8 and 12 pcf, the average densities and classes shown in the table below emerge. Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Less than but less than or greater It would be in keeping with CCSB policy and guidelines to establish classes predicated on two density breaks at 8 and 12 pcf 2 for the involved products. A similar approach was taken on Docket , Subject 7 (May 2016), when density intervals at less than 8 pcf, 8 but less than 12 pcf, and 12 pcf or greater were assigned to cable assemblies or harnesses, as named in item 61130, reflective of the respective average densities and density guidelines. That proposal was approved as docketed, and the provisions first appeared in Supplement 2 to NMF 100-AP, effective August 13, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. 2 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 10, Page 4 of 4

47 SUBJECT 11 Re: Item (Rule) 540 Hazardous Materials, Reverse Logistics CCSB Contact: Erin N. Topper Telephone (703) Proponent: Commodity Classification Standards Board Proposed Classification Provisions It is proposed to amend Item (Rule) 540, Hazardous Materials, to read as follows: ITEM 540 HAZARDOUS MATERIALS (see Notes A and C) Secs No Change. Sec. 5. Reverse Logistics: Shipments of hazardous materials may be offered for transportation from a retail store for return to its manufacturer, supplier or distribution facility for the purpose of capturing value, recall, replacement, recycling, or similar reason, provided they meet the definition specified in 49 CFR 171.8, the requirements set forth in 49 CFR , and bear the marking REVERSE LOGISTICS HIGHWAY TRANSPORT ONLY UNDER 49 CFR Notes A-E No Change. Analysis and Relationship to CCSB Policies and Guidelines The U.S. Department of Transportation (DOT) has established a definition 1 and requirements 2 for shipments moving via highway transportation through reverse logistics. Reverse logistics provides a way for retailers to return a regulated material back to a manufacturer, supplier or distribution facility for the purpose of capturing value, recall, replacement, recycling, or similar reason via motor carrier. These regulations became effective on March 31, CCSB policies state that NMFC rules should be updated to remain consistent with current law. As such, it would be in keeping with these policies to add a new section (Sec. 5) to Item (Rule) 540 relating to reverse logistics. This proposal, as docketed, is in keeping with CCSB policies CFR CFR Subject 11, Page 1 of 1

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49 SUBJECT 12 Re: Trowels, hand, including Garden Trowels or Trowel Transplanters, other than power, other than plastic CCSB Contact: Matthew S. Erim Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class AGRICULTURAL IMPLEMENTS, HAND, GROUP: subject to item Trowels or Trowel Transplanters, garden, other than plastic, in boxes TOOLS, OR PARTS NAMED: subject to item Trowels, hand, NOI, other than power, other than plastic, 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 AGRICULTURAL IMPLEMENTS, HAND, GROUP: subject to item Trowels or Trowel Transplanters, garden, other than plastic, etc... Cancel; see item TOOLS, OR PARTS NAMED: subject to item Trowels, hand, including Garden Trowels or Trowel Transplanters, other than power, other than plastic, 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 Analysis This proposal is in response to a report brought to the CCSB that shipments of garden trowels or trowel transplanters, other than plastic, as named in item 8710, exhibited transportation characteristics inconsistent with the currently assigned class 65. Subsequent to the submission of that report, it was discovered that item , applying on hand trowels, NOI, other than power, other than plastic, applies on commodities similar to the aforementioned garden trowels or trowel transplanters, which could result in interpretation disputes. Accordingly, the CCSB s review was expanded to include item Hereinafter, these products will be referred to as hand trowels. Subject 12, Page 1 of 4

50 SUBJECT 12 History of Provisions Provisions for garden trowels were adopted from the rails and first appeared in LTL-1, effective April 1, Provisions for various hand tools, including trowels, other than garden trowels, resulted from action taken on Subject 90 of Docket 58 (April 1953) and first appeared in Supplement 16 to NMFC A-1, effective October 15, The current provisions of item 8710 and the establishment of item both resulted from action taken on Subject 2 of Docket 984 (August 1998). Information from that record indicated densities for garden trowels, other than plastic, ranging from to pcf, with an average of pcf. That record also revealed that hand trowels, NOI, other than plastic, ranged from 7.32 to pcf, with an average density of pcf. No unusual handling, stowing or liability problems were reported, and the changes first appeared in Supplement 1 to NMF 100-Y, effective October 17, The provisions of items 8710 and have remained unchanged to the present. About Hand Trowels A hand trowel is a tool used for digging, smoothing, or otherwise moving around small amounts of viscous or particulate material. Hand trowels are used in a variety of contexts including gardening, bricklaying and archaeological excavating (accessed July 2016) Subject 12, Page 2 of 4

51 SUBJECT 12 Transportation Characteristics Density Information of record includes 33 density observations submitted by a carrier and obtained from the CCSB s Density Study 2. The densities range from 2.04 to pcf, with an overall average density of pcf. When the data is evaluated on the basis of the current density break at 10 pcf in item , the following ranges and averages are calculated. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than or greater Handling and Stowability Information of record indicates that hand trowels are generally shipped in boxes securely fastened on lift truck skids or pallets. There have been no reports of any unusual or significant handling or stowability problems. Liability The involved commodities are not unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor do they appear likely to damage other freight. Responding carriers reported minimal to no claims for the involved articles. No information was obtained on the value per pound of these commodities. Relationship to CCSB Policies and Guidelines CCSB policy calls for the amendment of classifications for commodities that are a source, or potential source, of interpretation disputes so as to eliminate or avoid those disputes. CCSB policy also calls for combining descriptions embracing related commodities. As such, to address potential interpretation issues, and in the interest of clarification and simplification, it would be within CCSB policy to combine the provisions for hand trowels, as proposed. CCSB policy also calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Information of record for hand trowels shows that these products have a density range from 2.04 to pcf, with an overall average density of pcf. Under CCSB guidelines, an average density of pcf is generally associated with class 92.5, which calls for a minimum average density of 10.5 pcf. However, when commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. The table on the following page shows the results of an evaluation of the data of record based on maintaining the current density break at 10 pcf 3 in item The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. 3 The density provisions include reference to Item (Rule) 170, the inadvertence clause. Subject 12, Page 3 of 4

52 SUBJECT 12 Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Less than or greater Precedent for this approach can be found in Docket , Subject 8 (January 2015), involving calendars and related articles. Density was determined to be the primary transportation characteristic, since there were no significant negative handling, stowability or liability concerns reported. While the densities were distributed throughout the range of 1.52 to pcf, a single density break at 15 pcf was proposed to provide a more accurate representation of the distribution of the density observations. Concurrently, two items applying on similar commodities were canceled and consolidated into item for clarification and simplification. That proposal was approved as docketed, and the provisions first appeared in Supplement 1 to NMF 100-AO, effective April 18, Based on the information of record, this proposal, as docketed, is consistent with CCSB policies and precedent. Subject 12, Page 4 of 4

53 SUBJECT 13 Re: Furniture Parts, NOI Item CCSB Contact: Nathan D. Ripke Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FURNITURE PARTS GROUP: other than cellular, expanded or foam plastic, see Note, item NOTE Not Involved Furniture Parts, NOI, other than plastic or foam rubber, see Note, item 83271, in boxes or crates NOTE For provisions applicable to plastic or foam rubber furniture parts, NOI, see items and PLASTIC OR RUBBER ARTICLES, OTHER THAN EXPANDED, GROUP: subject to item Articles, viz.: Articles, NOI; [Other Articles Listed 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: 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. Subject 13, Page 1 of 4

54 SUBJECT 13 Present Classification Provisions Concluded Item Description Class PLASTIC OR RUBBER ARTICLES OR MATERIALS, EXPANDED, GROUP: subject to item Articles, Forms or Materials, viz.: Articles, NOI, see Note, item ; [Other 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: 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. Proposed Classification Provisions Item Description Class FURNITURE PARTS GROUP: see Note, item NOTE No Change Furniture Parts, NOI, in boxes or crates, 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 Cancel; no further application. Subject 13, Page 2 of 4

55 SUBJECT 13 Proposed Classification Provisions Concluded Item Description Class PLASTIC OR RUBBER ARTICLES, OTHER THAN EXPANDED, GROUP: subject to item Articles, etc.... No Change NOTE No Change NOTE No Change NOTE No Change. PLASTIC OR RUBBER ARTICLES OR MATERIALS, EXPANDED, GROUP: subject to item Articles, Forms or Materials, etc.... No Change NOTE No Change NOTE No Change NOTE No Change. Analysis Item is the catch-all item for furniture parts, not more specifically described in the NMFC. Information recently reported to the CCSB suggests the currently applicable class 100 in item may not be consistent with CCSB policy and guidelines for the transportation characteristics exhibited by the involved products. History of Provisions The provisions for furniture parts, NOI first appeared in NMFC No. 5, effective December 31, 1940 at a class equivalent to the current class 100 to remain competitive with the rails. As a result of action taken on Docket 88, Subject 51 (March-April 1959) the restriction, other than foam rubber or cellular, expanded or foam plastic, was added to the item description with no class change. That proposal was approved as modified, and the change first appeared in Supplement 1 to NMFC A-5, effective September 29, The restriction was broadened to exclude all plastic parts as a result of action taken on Subject 2 of Docket 125 (September 1966). The change first appeared in Supplement 12 to NMFC A-9, effective August 17, The provisions have remained substantially unchanged to the present. Transportation Characteristics Density Information of record includes 7,109 density observations obtained from the CCSB s Density Study 1. The densities range from 0.46 to pcf, with an average of 8.41 pcf. The densities are distributed throughout the range. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 13, Page 3 of 4

56 SUBJECT 13 Handling and Stowability The provisions of item require shipments of the involved articles to be packaged in boxes or crates. There have been no reports of any unusual or significant handling or stowability problems. Liability Furniture has been shown to be inherently susceptible to damage, particularly when not packaged in accordance with the minimum packaging requirements specified in the NMFC. However, there have been no reports of unusual or significant damage problems with the involved furniture parts. The remaining liability characteristics do not significantly affect the transportability of these products. Relationship to CCSB Policies and Guidelines CCSB policy states that classification provisions should reflect a commodity s known transportation characteristics. Information of record indicates that these products range in density from 0.46 to pcf, with an average of 8.41 pcf, and no unusual or significant handling, stowability or liability characteristics. Under CCSB guidelines, an average density of 8.41 pcf is generally associated with class 110, which calls for a minimum average density of 8 pcf. However, when commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. Item is the catch-all item for furniture parts, not more specifically described in the NMFC. This proposal would amend item to provide full-scale density-based provisions in lieu of the current class 100. The proposed full-scale density-based provisions for item would negate the need for the material construction restriction within its description and in the generic heading, item Therefore, this proposal would also remove that language from items and 83270, respectively. Furthermore, Note, item would be canceled with no further application. Precedent may be found in Docket , Subject 3 (January 2013) which was, in part, a proposal to establish full-scale density-based classes for the catch-all provisions for hand tools, other than power, and to remove the material construction restriction within its description. That proposal was approved as docketed, and the provisions first appeared in Supplement 1 to NMF 100-AM, effective April 20, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 13, Page 4 of 4

57 SUBJECT 14 Re: Seats, vehicle, including Bicycle or Tricycle Saddles or Seats CCSB Contact: Keith L. Charles, Jr. Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class Seats, agricultural implement, automobile, tractor or vehicle, NOI, see Note, item , in boxes or crates, 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 Also applies on finished Bus Passenger Seat Backs or Cushions. VEHICLE PARTS: subject to item Bicycle, Motorcycle or Tricycle: subject to item Saddles or Seats, bicycle or tricycle, in boxes Proposed Classification Provisions Item Description Class Seats, agricultural implement, automobile, bicycle, tractor or vehicle, NOI, see Note, item , in boxes or crates, 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. Subject 14, Page 1 of 4

58 SUBJECT 14 Proposed Classification Provisions Concluded Item Description Class VEHICLE PARTS: subject to item Bicycle, Motorcycle or Tricycle: subject to item Saddles or Seats, bicycle or tricycle, etc.... Cancel; see item Analysis Research Project 1262 This proposal is based on the information developed through Research Project 1262, which was initiated in September of 2015 to address an interpretative issue involving children s bicycle seats, and to investigate the transportation characteristics of bicycle or tricycle saddles or seats, as named in item History of Provisions Provisions for bicycle, motorcycle or tricycle Saddles were adopted from the rails and first appeared in LTL-1, effective April 1, 1936, at a rating equivalent to class 85. As a result of action taken on Docket 81, Subject 25 (November 1957), the applicable class was reduced from 85 to This change first appeared in Supplement 18 to NMFC A-4, effective March 25, As a result of action taken on Docket 994, Subject 15 (November 1999), the description was amended to include Seats. The change first appeared in Supplement 3 to NMF 100-Z, effective January 22, The item was further amended as a result of action taken on Docket , Subject 8 (May 2004), by limiting its application to bicycle or tricycle saddles or seats. Motorcycle saddles or seats became subject to item The proposal was approved as docketed, and the changes first appeared in Supplement 3 to NMF 100-AD, effective July 24, The provisions have remained unchanged to the present. About Saddles or Seats Bicycle or tricycle saddles or seats are parts designed to support a rider while in the sitting position; they also help bear some of the weight of the rider, and are generally padded with supple material for comfort. Products described as saddles or seats, with regards to this proposal, incorporate child or infant carriers or companion seats that can be affixed to various components of a bicycle or tricycle 1. The involved products are comparable in function to motorcycle and other vehicle seats. Examples of bicycle or tricycle saddles or seats, including children s seats, are shown on the following page. 1 (accessed July 2016) Subject 14, Page 2 of 4

59 SUBJECT 14 Transportation Characteristics Density Information of record for bicycle or tricycle saddles or seats includes 144 density observations collected from shippers, observed firsthand during CCSB dock surveys and obtained from the CCSB s Density Study 2. The products range in density from 2.20 to pcf, with an average density of 6.10 pcf. Handling and Stowability The information available relating to packaging indicates that the involved products are generally tendered for shipment in fiberboard boxes of regular size and shape securely fastened to lift truck skids or pallets. Handling and stowability should be comparable to that of other like-packaged freight. Liability Bicycle or tricycle saddles or seats are not perishable, unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor do they appear likely to damage other freight. The value per pound ranges from $0.63 to $7.71, with an average of $5.37 per pound. Responding shippers and carriers indicate minimal to no claims for the involved products. Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Information of record indicates that bicycle or tricycle saddles or seats range in density from 2.20 to pcf, with an average density of 6.10 pcf, and exhibit no unusual or significant negative handling, stowability or liability considerations. CCSB policy further provides that commodities or commodity groups exhibiting a wide density range not accurately reflected by a single overall average density may be assigned density-based classes; especially where there are no unusual or significant handling, stowability 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. Canceling 2 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 14, Page 3 of 4