NOTICE OF DISPOSITION DOCKET

Transcription

1 DISPOSITION BULLETIN 1315 May 6, 2011 NOTICE OF DISPOSITION DOCKET This notice reflects proposed amendments considered by the Commodity Classification Standards Board (CCSB) at the public meeting on May 3, 2011, and the action of the CCSB on each proposal. Dispositions resulting in amendments to the National Motor Freight Classification (NMFC) will be published in a supplement to the NMFC, unless reconsideration is granted or arbitration is requested in accordance with the CCSB s rules. The supplement is scheduled to be issued on June 23, 2011, with an effective date of July 23, 2011, except as otherwise noted. The CCSB may, in its discretion and for good cause shown, reconsider any docketed proposal on which disposition has been made. Requests for reconsideration must be made by mail, or fax and must be received in my office no later than the close of business June 2, If the proponent of a proposal or any party of record to a proposal disagrees with the disposition of that proposal, they may request neutral arbitration. Requests for arbitration must be made by mail, or fax and must be received in my office no later than the close of business June 2, Information on the CCSB, its procedures for amending the NMFC and its rules governing arbitration including a list of available neutral arbitrators may be obtained online at Go to CCSB on the navigation bar. If you do not have Internet access, or if you need assistance, please contact me at or ringer@nmfta.org. Please reference the docket and subject numbers on all correspondence. COMMODITY CLASSIFICATION STANDARDS BOARD Joel L. Ringer Chairman 1001 North Fairfax Street, Suite 600 Alexandria, VA ph: fax: web: ccsb@nmfta.org

2 SUBJECT 1 DOCKET APPROVED AS DOCKETED PLASTIC OR RUBBER ARTICLES, OTHER THAN EXPANDED, GROUP: subject to item Tires, pneumatic, other than mounted on wheels, see Notes, items A-NEW and A-NEW NOTE For provisions applicable to pneumatic tires mounted on wheels, see items 12420, , and , with the final determination of item dependent upon the involved wheel and tire combination NOTE Cancel; no further application NOTE No Change Tires, pneumatic, used or defective; or Scrap Rubber Tires, etc... Cancel; see items and B-NEW NOTE Cancel; see item C-NEW. RUBBER MATERIALS GROUP: subject to item Rubber, scrap, NOI, see Note, item , in packages... No Change NOTE Applies only on: scraps, pieces or trimmings of rubber-impregnated cloth; reclaimers' tailings or residue; old worn-out rubber boots, shoes, belting, clothing, rolls or rollers, hose mats, matting or packing; or similar worn-out articles; having value only for reclamation of raw materials. Such articles must be described on bills of lading and shipping orders at time of shipment as 'Scrap Rubber.' Does not apply on scrap rubber tires. Provisions for such tires are found in item B-NEW. WASTE MATERIALS GROUP: subject to item B-NEW Tires, rubber, scrap, having value only for reclamation of raw materials, actual value not exceeding $1.00 per pound, see Note, item C-NEW C-NEW NOTE Shipper must certify on shipping orders and bills of lading at time of shipment that the actual value per pound of the property does not exceed $1.00. If the shipper fails to so certify the actual value per pound, the tires will be classed per item , , or , with the final determination of item dependent on the type of tire. Item is amended to apply on pneumatic tires, other than mounted on wheels, at a class 110. A new Note is established for item directing the NMFC user to the applicable provisions for pneumatic tires mounted on wheels, and Note, item is canceled with no further application. Item is canceled with reference to item and to a new item under the Waste Materials Group for scrap rubber tires at a class 60. Note, item is canceled with reference to a new Note requiring the shipper to certify the actual value of scrap tires at time of shipment. Note, item , applicable to item , is amended to refer the NMFC user to the new item for scrap rubber tires. Staff Contact: William F. Mascaro Telephone (703) mascaro@nmfta.org Page 2

3 SUBJECT 2 DOCKET WITHDRAWN THIS SUBJECT PROPOSED THE FOLLOWING AMENDMENTS THAT WERE NOT ADOPTED BOILERS, FURNACES, STOVES AND RELATED ARTICLES GROUP: subject to item Heaters, water, tank type, see Note, item 26521, in boxes or crates, see Note,, or Packages 208, 1016, 1277, 2055 or 2056: Sub 1 With plastic outer shell Sub 2 With metal outer shell NOTE Does not apply on solar collectors, solar water heaters, fireplace gratetype heaters or swimming pool heaters. See item for applicable provisions for solar collectors or solar water heaters, item for fireplace grate-type heaters, and item for swimming pool heaters. A-NEW NOTE Tank-type water heaters tendered in boxes or crates must be supported or suspended in the box or crate and be protected so that there will be no shifting and not less than 1 inch clearance between the article and the inside wall of the box or crate. B-NEW Heaters, water, tankless, see Note, item 26521, in boxes Cancel; no further application. Package 1208 The CCSB voted to withdraw this proposal and continue research. The current provisions will continue to apply. Staff Contact: William F. Mascaro Telephone (703) mascaro@nmfta.org SUBJECT 3 DOCKET APPROVED AS DOCKETED CONDUITS, OTHER THAN EARTHEN, GROUP: Articles consist of Conduits, Pipe, Smokestacks, Tubing or Fittings, other than clay, concrete or earthen, see Note, item 50752, as described in items subject to this grouping NOTE Pipe, tubing, or pipe or tubing fittings having surfaces liable to damage must be in boxes, crates, fiberboard tubes, or completely wrapped with material of sufficient strength to prevent abrasion, marring or denting during transit. Threaded or machined ends liable to damage must be protected with plugs or caps securely held in place and be made of materials of sufficient strength to prevent damage Pipe, iron or steel, cast, NOI, with or without prepared joints, etc... Cancel; see NOTE Cancel; no further application. Page 3

4 SUBJECT 3 DOCKET APPROVED AS DOCKETED Continued CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item Pipe, iron or steel, with or without fittings, etc... Cancel; see NOTE Cancel; no further application. Pipe Fittings, NOI: subject to item Iron or steel, with or without metal seats, plain, galvanized or cadmium or zinc coated or plated, but not plated with other metals, etc... Cancel; see NOTE Cancel; no further application Iron or steel, combined with copper, brass or bronze, plain, galvanized or cadmium coated but not plated with other metals, etc... Cancel; see Iron or steel, lead covered or lead lined, plain, galvanized or cadmium coated but not plated with other metals, etc Cancel; see NOTE Cancel; no further application Iron or steel, lined with composition, plastic or rubber, plain, galvanized or cadmium coated but not plated with other metals, etc... Cancel; see Iron or steel, tin lined, plain, galvanized or cadmium coated but not plated with other metals, etc... Cancel; see Iron or steel, wood lined, etc... Cancel; see Pipe or Tubing, iron or steel, NOI, etc... Cancel; see inches or over, etc... Cancel; see gauge or thicker, etc... Cancel; see gauge or thicker, but not thicker than 8 gauge, etc... Cancel; see gauge or thicker, but not thicker than 17 gauge:... Cancel; see Over 8 inches, etc... Cancel; see Over 3 inches but not over 8 inches, etc... Cancel; see inches or less, etc... Cancel; see Page 4

5 SUBJECT 3 DOCKET APPROVED AS DOCKETED Continued CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item Pipe or Tubing, iron or steel, NOI: subject to item gauge or thinner:... Cancel; see Over 8 inches, etc... Cancel; see Over 1½ inches but not over 8 inches, etc... Cancel; see ½ inches or less, etc... Cancel; see gauge or thinner, etc... Cancel; see NOTE Cancel; no further application NOTE Cancel; no further application NOTE Cancel; no further application NOTE Cancel; no further application Pipe or Tubing, iron or steel, wrought, etc... Cancel; see NOTE Cancel; no further application Pipe or Tubing, or Pipe or Tubing Fittings, etc... Cancel; see Pipe or Tubing, steel, coated or lined with brass, copper, tin, terne metal or solder, etc... Cancel; see NOTE Cancel; no further application Pipe or Tubing, welded steel, etc... Cancel; see Pipe or Tubing, wrought iron, insulated, fiberboard or iron jacketed, with or without outside insulation of iron collars and with or without prepared joints, etc... Cancel; see NOTE Cancel; no further application. A-NEW Pipe, Tubing, or Pipe or Tubing Fittings, iron or steel, combined or not combined with other materials, NOI, loose or in packages or Package 2130, see Note, item B-NEW: Sub 1 Greatest dimension exceeding 288 inches Sub 2 Greatest dimension exceeding 192 inches but not exceeding 288 inches Sub 3 Greatest dimension exceeding 96 inches but not exceeding 192 Sub 4 inches Greatest dimension not exceeding 96 inches, subject to Item 170 and having a density in pounds per cubic foot of: Sub 5 Less than Sub 6 30 or greater B-NEW NOTE Greatest dimension refers to the longest straight-line dimension of the handling unit as tendered for shipment. Page 5

6 SUBJECT 3 DOCKET APPROVED AS DOCKETED Concluded Items 51200, 51240, 51460, 51470, 51480, 51500, 51510, 51520, 51940, 51950, 51960, 51970, 51980, 51990, 52000, 52010, 52020, 52030, 52040, 52050, 52060, 52090, 52200, 52220, and are canceled with reference to a new item for iron or steel pipe, tubing, or pipe or tubing fittings. The new item assigns classes based on greatest dimension, and when greatest dimension does not exceed 96 inches, on density. A new Note is added to define the term greatest dimension. Notes, items 51202, 51242, 51462, 51482, 52062, 52072, 52074, 52076, 52092, and are canceled as having no further application. Note, item is amended to also apply on pipe or tubing fittings. Staff Contact: Erin N. Topper Telephone (703) topper@nmfta.org SUBJECT 4 DOCKET APPROVED AS DOCKETED Fire Extinguishers, chemical, stationary, other than wheeled, etc.... Cancel; see item NOTE Cancel; no further application Fire Extinguishers, chemical, charged, see Note,, in boxes or crates, see Note, item B-NEW: Sub 1 Wheeled Sub 2 Other than wheeled A-NEW NOTE Fire extinguishers must comply with U.S. DOT specifications. B-NEW NOTE Fire extinguishers must be securely positioned in boxes or crates by interior packing forms as necessary to afford adequate protection against damage and to prevent shifting Fire Extinguishers, wheeled, other than self-propelled, etc... Cancel; see item Items and are canceled with reference to item Concurrently, item is amended to include the symbol and to apply on fire extinguishers, chemical, charged, with classes predicated on whether or not the fire extinguisher is wheeled. Two new Notes are also added and referenced by item 69185: the first to require fire extinguishers to comply with U.S. DOT specifications, and the second to require the use of interior packing forms where necessary to provide adequate protection and to prevent shifting. Staff Contact: Erin N. Topper Telephone (703) topper@nmfta.org Page 6

7 SUBJECT 5 DOCKET APPROVED AS DOCKETED NEW WIRE GOODS GROUP: subject to item Gabions, including Gabion Baskets, Boxes, Cages, Mattresses, Sacks or Lids, steel wire, coated or not coated, KD flat, in bundles A new item is established to specifically name gabions, steel wire, KD flat. Staff Contact: George M. Beck Telephone (703) beck@nmfta.org SUBJECT 6 DOCKET APPROVED AS DOCKETED NEW Sub 1 Sub 2 MACHINERY GROUP: subject to item Lifts, television, ceiling mounting, motorized, in packages, subject to Item 170 and having a density in pounds per cubic foot of: Less than or greater A new item is established to specifically name motorized, ceiling-mounting television lifts, with a density break at 8 pounds per cubic foot. Staff Contact: Donald A. Newell Telephone (703) newell@nmfta.org SUBJECT 7 DOCKET APPROVED AS DOCKETED FURNITURE GROUP: subject to item Metallic or Wooden: subject to item Desks, with one or more enclosed pedestals on either side or both sides of an open knee space, which contain cupboards or drawers, the bottoms of which are not more than 15 inches from the floor... Cancel; see item NEW Steel, etc... Cancel; see item NEW Wooden or wood and steel combined, etc... Cancel; see item NEW NOTE Cancel; no further application NOTE Cancel; no further application NOTE Cancel; no further application. Page 7

8 SUBJECT 7 DOCKET APPROVED AS DOCKETED Concluded FURNITURE GROUP: subject to item Metallic or Wooden: subject to item NOTE Cancel; no further application Desks, NOI, steel, etc... Cancel; see item NEW Desks, NOI, wooden, etc... Cancel; see item NEW NEW Desks, NOI, in crates or Packages 2512, 1F, 2F, 3F, 5F, 19F, 21F, 22F, 25F, 43F, 77F, 88F, 125F, 126F, 133F, 138F, 141F, 150F, 152F, 155F or 3003S, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 6 but less than Sub 3 12 or greater Items 81180, 81190, 81200, and are canceled with reference to a new item for metallic or wooden desks, NOI, with classes predicated on density. Notes, items 81212, 81214, and are canceled as having no further application. Staff Contact: Erin N. Topper Telephone (703) topper@nmfta.org SUBJECT 8 DOCKET WITHDRAWN THIS SUBJECT PROPOSED THE FOLLOWING AMENDMENTS THAT WERE NOT ADOPTED Package 2345 (1) EXTERIOR PACKAGING: (a) Article must be tendered on a lift truck skid or pallet and must: 1. Be bolted to the stringers and strapped with a minimum of two steel bands in both directions. 2. Not overhang the deck. (b) Lift truck skid or pallet must extend not less than 6 inches beyond each side of article in the direction of the unbalanced weight distribution. (c) A double-faced lift truck skid or pallet must be used when article is top-heavy as defined in Sec. 12 of Item 680. (d) Entire unit must be stretch or shrink wrapped with polyethylene film of at least 3 mils in total thickness. (2) INTERIOR PACKAGING: (a) Internal components of article must be blocked and braced to prevent damage unless attached with and to hardware of sufficient strength to withstand the normal rigors of transportation. Page 8

9 SUBJECT 8 DOCKET WITHDRAWN Concluded Package 2345 (Continued) (b) Each of the four vertical corners of the article must be protected by full-height corner posts constructed of corrugated fiberboard, solid fiberboard or expanded polystyrene extending a minimum of 2 inches on each side. External protrusions, gauges, controls, or other hardware, must be protected with expanded polystyrene or equivalent material coverings. (c) Vertical pads must be placed at front and rear of unit, full height, so that there is no more than 12 inches between each pad, or front or back, excluding ends, must be covered with corrugated fiberboard full height and width of the article. (3) PLACARDING REQUIREMENTS: Packed articles must be placarded front and back, at a minimum, or as applicable, to indicate: (a) Must be blocked and braced in vehicle; (b) Article is top-heavy, showing symbol as required per Item 680; (c) Forklift entry access here, where provided for; (d) Lifting angle or eye bolts as per NEMA standard.* *NEMA (National Electrical Manufacturers Association) The CCSB voted to withdraw this proposal. The current provisions will continue to apply. Staff Contact: Erin N. Topper Telephone (703) topper@nmfta.org SUBJECT 9 DOCKET DISAPPROVED ITEM 640 THIS SUBJECT PROPOSED THE FOLLOWING AMENDMENTS THAT WERE NOT ADOPTED MIXED SHIPMENTS AND ARTICLES CLASSIFIED BY WEIGHT OR QUANTITY Sec. 1.-Sec. 3. (a) No Change. Sec. 3. (b) When articles subject to different classes in packages, containers or shipping forms authorized in the applicable classification description for such articles are securely unitized on lift truck pallets, platforms, racks or skids meeting the requirements of Item 265, they will be charged for at the actual weights of the separate articles, in the authorized packages or shipping forms used, at the applicable classes (see Notes 3 and 5) subject to the following: (1)-(2) No Change. (3) The weight of pallets, platforms, racks, skids, unitizing material or packing devices as required by Paragraph 3(b)(5) must be shown on shipping order and bill of lading and will be subject to the class applicable to the article(s) constituting the greatest weight unitized on such pallet, platform, rack or skid. If two or more differently classed articles each equally constitute the greatest weight unitized on the pallet, platform, rack or skid, the weight of the pallet, platform, rack, skid, unitizing material or packing devices will be subject to the lowest class applicable to such articles. [Remainder of Rule No Change.] Page 9

10 SUBJECT 9 DOCKET DISAPPROVED Concluded The CCSB voted to disapprove this proposal. The current provisions will continue to apply. Staff Contact: Daniel E. Horning Telephone (703) horning@nmfta.org SUBJECT 10 DOCKET APPROVED AS DOCKETED GASES OR CRYOGENIC LIQUIDS GROUP: subject to item Acetylene, etc... Cancel; see item Gases or Gas Mixtures, flammable, etc... No Change NOTE No Change. Item is canceled with reference to item Staff Contact: Daniel E. Horning Telephone (703) horning@nmfta.org SUBJECT 11 DOCKET APPROVED AS DOCKETED Units, washing machine service, etc... Cancel; see NOTE Cancel; see item B-NEW. A-NEW Bulkheads or Units, commercial washing machine service, see Note, item B-NEW, in crates, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 4 or greater B-NEW NOTE Applies on bulkheads or units consisting of steel frames containing water supply piping and electrical wiring, switches and receptacles, with or without pumps or drain piping, utilized in the installation of commercial selfservice washing machines. Item is canceled and concurrently reestablished as Bulkheads or Units, commercial washing machine service, with no change to the assigned classes. Note, item is canceled and concurrently reestablished to include a reference to bulkheads and to allow with or without drain piping. Page 10

11 SUBJECT 11 DOCKET APPROVED AS DOCKETED Concluded Staff Contact: William F. Mascaro Telephone (703) Nathan D. Ripke Telephone (703) SUBJECT 12 DOCKET APPROVED AS DOCKETED OFFICE OR STORE EQUIPMENT GROUP: subject to item Addressing Machine Plate Holders, etc... Cancel; obsolete Plates, addressing machine, etc... Cancel; obsolete Stencils, duplicating machine, etc... Cancel; obsolete NOTE Cancel; no further application. RACKS: subject to item Storage, tape, sound recording, household, etc... Cancel; obsolete Items , , and are canceled as obsolete. Note, item is canceled as having no further application. Staff Contact: Nathan D. Ripke Telephone (703) SUBJECT 13 DOCKET APPROVED AS DOCKETED RAILWAY GROUP: subject to item Dust Guards or Dust Guard Wedges, journal box, railway car or locomotive, etc... Cancel; obsolete Item is canceled as obsolete. Staff Contact: George M. Beck Telephone (703) Page 11

12 SUBJECT 14 DOCKET APPROVED AS DOCKETED Item (Rule) 225, Definition of Buckets or Pails, and Item (Rule) 291, Specifications for Fiber Drums for Dry or Solid Articles, are amended as follows: ITEM 225 DEFINITION OF PAILS Pails are containers with heads or covers, with or without bails or handles (see Note), without bilge, and must be made of plastic, metal or fiberboard. For detailed construction requirements of such containers, see Items 258, 260, 291 and 292. Note A bail is a handle extending completely across the top of a container and attached to the sides. ITEM 291 No Change. SPECIFICATIONS FOR FIBER DRUMS OR PAILS FOR DRY OR SOLID ARTICLES The references to buckets and wood are removed from Item (Rule) 225. The term or pails is added to the title of Item (Rule) 291. Staff Contact: Erin N. Topper Telephone (703) topper@nmfta.org SUBJECT 15 DOCKET APPROVED AS DOCKETED Package 246 Cancel; no further application. Package 2346 Cancel; no further application. Packages 246 and 2346 are canceled as having no further application. Staff Contact: Erin N. Topper Telephone (703) topper@nmfta.org Page 12

13 SUBJECT 4 DOCKET DEFERRED SUBJECT APPROVED AS DOCKETED ELECTRICAL EQUIPMENT GROUP: subject to item Electrical Appliances or Instruments, NOI, see Note, item 61701, in boxes, crates or Packages 829, 1241 or 2112, 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. Item for electrical appliances or instruments, NOI, is amended to provide classes based on the CCSB s eleven-subprovision density scale. Staff Contact: William F. Mascaro Telephone (703) mascaro@nmfta.org Page 13