DOCKET JANUARY 2016

Transcription

1 DOCKET JANUARY 2016 A public meeting on National Motor Freight Classification provisions will be held on January 26, 2016 at: Westin Cape Coral Resort 5951 Silver King Boulevard Cape Coral, Florida ISSUED: December 23, 2015

2 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET On Tuesday, January 26, 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 Westin Cape Coral Resort, 5951 Silver King Boulevard, Cape Coral, Florida 33914, commencing at 10:30 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 proposed amendments to the CCSB s Procedures, Policies and Directives, which the CCSB will consider at the meeting on January 26, The exact language of the Procedures, Policies and Directives, as proposed, is shown. Section III 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. Interested persons who do 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/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 is welcome to attend the meeting and/or submit a statement relating to the transportation characteristics of the product(s) involved or relevant to packaging materials or methods in connection with proposed packaging amendments. Statements should include any underlying studies, supporting data and other pertinent information. Written submissions received by 5:00 pm Eastern Time, January 14, 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, January 14, 2016, will not be part of the public docket file. Any person may become a Party of Record to a docketed proposal herein by communicating an interest in writing by mail, or facsimile. Requests to be made a party of record to proposals published herein must be received no later than January 21, Parties of record will be sent the disposition of the proposal and will be entitled to seek reconsideration or arbitration should they disagree with that disposition. (One does not have to be a party of record to request reconsideration.) 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 or arbitration is sought in accordance with the CCSB s rules. The supplement is scheduled to be issued on March 17, 2016, with an effective date of April 16, Future CCSB Dockets Docket Docket Docket Closing Date March 24, 2016 July 21, 2016 Docket Issue Date April 21, 2016 August 18, 2016 Deadline for Data/Statement Submissions May 13, 2016 September 9, 2016 CCSB Meeting Date May 24, 2016 September 20, 2016 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 Air Duct, metal, other than flexible... 9 Ash, leather B Bate, tanners Bathroom Scales, floor standing type, without posts or standards... 7 Blocks, treadle, wood Boxes, dough, metal or wood C Chairs, potty, children s Cookies Covers, typewriter Crackers D Dishwashers (Dishwashing Machines), other than household... 1 Dough Boxes or Dough Box Tables, metal or wood Duct, air or smoke, metal, other than flexible... 9 F Film, plastic or rubber, other than rigid... 5 Fittings, air or smoke duct or flue, metal... 9 Flues, air or smoke, metal, other than flexible... 9 Foil, Foil Wrappers or Foil Scrap... 4 Frames, grindstone G Grease Traps or Interceptors, plastic H Heat Exchangers... 8 Hog Stomach Linings I Interceptors, grease, plastic Item (Rule) 685, Packing or Packaging Alternate Forms Tanks L Ladders, metal or wood... 3 Leather Ash N Notes, Items 27454, and , Mixed Truckload Provisions O Ossein P Packing or Packaging Alternate Forms Tanks Paper Shredders... 6 Paravanes Plastic Film or Sheeting, other than rigid... 5 Potty Chairs, children s R Racks, lead or slug Rubber Film or Sheeting, other than rigid... 5 S Scaffolds, Scaffolding, or Scaffold Sections or Components... 2 Scales, bathroom, floor standing type, without posts or standards... 7 Scrap, foil... 4 Sheeting, plastic or rubber, other than rigid... 5 Shredders, paper... 6 Smoke Flues, metal, other than flexible... 9 T Tables, dough box, metal or wood Traps, grease, plastic Typewriter Covers W Wrappers, foil... 4 Page iii

5 SUBJECT 1 Re: Dishwashers (Dishwashing Machines), other than household type Item CCSB Contact: Shannon C. Allard Telephone (703) allard@nmfta.org Proponent: Priority Logistics, Inc., Overland Park, Kansas, on behalf of American Dish Service, Edwardsville, Kansas Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item Dishwashing Machines (Dishwashers), other than household type, in boxes, crates, or on skids Proposed Classification Provisions Item Description Class Sub 1 MACHINERY GROUP: subject to item Dishwashers (Dishwashing Machines), other than household type: In boxes, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 4 but less than Sub 4 6 but less than Sub 5 8 but less than Sub 6 10 or greater Sub 7 In packages other than boxes, subject to Item 170 and having a density in pounds per cubic foot of: Sub 8 Less than Sub 9 4 but less than Sub 10 6 but less than Sub 11 8 but less than Sub or greater Analysis This proposal was submitted by Priority Logistics, Inc., on behalf of American Dish Service, to amend the provisions for other-than-household-type dishwashers (dishwashing machines), as named in item , by establishing classes based on packaging and density. The proponent contends that the proposed changes better reflect the transportation characteristics, specifically density, of other-than-household, or commercial, dishwashers. Hereinafter, these articles will be referred to as commercial dishwashers. Subject 1, Page 1 of 7

6 SUBJECT 1 History of Provisions As a result of action taken on Docket 70, Subject 70 (September 1955) the current provisions of item were established. Information on that record indicated an average density of pcf and an average value of $2.00 per pound (in 1955 dollars). The provisions first appeared in Supplement 1 to NMFC A-3, effective June 21, 1956, and have remained substantially unchanged to the present. Docket , Subject 4 (January 2015) was a proposal to reclassify dishwashers, both household and other than household. The proposal was based on information developed through Research Project 1190, which was initiated in August 2013 to investigate the transportation characteristics of dishwashers, as named in items and Disposition of the proposal was deferred to the CCSB s June 2015 public meeting. At the June 2015 meeting, the CCSB voted to withdraw the proposal and continue research. About Commercial Dishwashers The involved products are generally used in commercial or institutional settings, are commonly constructed from metal and can differ greatly in size and configuration. Examples of varying commercial dishwashers are shown below. Shipments of Dishwashers Commercial dishwashers may be tendered in boxes or crates, or secured on lift truck skids or pallets. Those tendered secured on lift truck skids or pallets may be simply wrapped in plastic film and/or have little to no protective packaging around them. The photos on the following page show examples of commercial dishwashers as tendered for shipment. Subject 1, Page 2 of 7

7 SUBJECT 1 Transportation Characteristics Density The proponent provided 16 density observations on varying models of commercial dishwashers. The densities range from 3.97 to 8.41 pcf, with an average density of 5.58 pcf. When the proponent s data is combined with CCSB data relating to item , the information of record includes 9,252 density observations submitted by shippers and carriers, observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study 2. Commercial dishwashers range in density from 1.26 to pcf, with an average of 8.96 pcf. The frequency distribution is shown below. Frequency Distribution % of Figures in Interval 30.00% 20.00% 10.00% 0.00% 5.05% 0.00% 0.01% 25.99% 21.75% 13.12% 11.87% 15.51% 4.90% 0.94% 0.86% Density Intervals (pcf) 1 From Research Project 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 1, Page 3 of 7

8 SUBJECT 1 When the data of record is evaluated on the basis of the five proposed density groupings, the following ranges and averages are calculated. Density Group (pcf) Density Range (pcf) Average Density (pcf) Percentage of Figures in Group Less than % 4 but less than % 6 but less than % 8 but less than % 10 or greater % Handling When tendered in boxes or crates 3, or on lift truck skids or pallets, dishwashers will generally exhibit handling characteristics similar to those of other like-packaged freight. These packages may include shipper instructions or precautionary markings such as Fragile and/or This Side Up, but generally, articles so tendered will not present any unusual or significant handling considerations. Stowability When tendered in boxes or crates, a flat load-bearing surface will generally be present for loading other freight on top, and there will typically be lateral support for adjacent freight, resulting in a greater ability for carriers to readily structure a load and enabling better utilization of available vehicle space. When the involved articles are tendered secured on lift truck skids or pallets, but not in boxes or crates, some negative stowability considerations have been identified. When tendered in this manner, commercial dishwashers may lack a regular load-bearing surface for other freight, as a result of how the article is configured or packaged for shipment, and they often include shipper instructions or precautionary markings such as Do Not Stack. Also, through the use of do not stack cones, shippers will preclude the loading of freight on top of the dishwasher. Additionally, when placing the article inside the carrier s vehicle, such packaging, or lack thereof, may limit the type of freight that can be safely stowed adjacent to it. According to the CCSB s Packaging Consultant, freight that is tendered secured on lift truck skids or pallets, not in boxes or crates or fully protected by rigid packaging material, is more susceptible to damage than when tendered fully enclosed in boxes or crates or completely protected by rigid packaging materials. Specifically, the Packaging Consultant notes that as vehicles move down the road they are experiencing constant vibration and impacts from the road and from adjacent freight. These vibrations and impacts can cause damage to freight that is not adequately protected. The lack of a load-bearing surface and the products susceptibility to damage can result 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 to these articles. 3 While this analysis refers to the transportation characteristics of commercial dishwashers tendered in boxes or crates, the proposed provisions, as put forth by the proponent, do not specifically provide for commercial dishwashers shipped in crates; they would be subject to sub 7 of the proposed provisions, which provides for commercial dishwashers shipped in packages other than boxes. Subject 1, Page 4 of 7

9 SUBJECT 1 Liability The involved articles are not perishable, hazardous in nature or unusually susceptible to theft. As is the case with most general commodities, when tendered for shipment fully enclosed within a box or crate, they should not be unusually susceptible to damage, nor likely to damage other freight with which transported. When tendered on a lift truck skid or pallet without protective packaging, however, these products exhibit a greater susceptibility to damage compared to similar units tendered in a box or crate. As can be seen in the photo to the right above, many shipments of dishwashers bear a cautionary label indicating that the involved commodity (which is neither in a box nor a crate) is a HIGH CLAIM ITEM. Additionally, shipments loaded in a vehicle are generally supported, to some extent, by adjacent freight. When these articles are not in a box or crate, they may not provide sufficient lateral support for adjacent freight, which can result in damage to the article itself, the adjacent freight, or both. With regard to claims, the proponent reports that it filed four claims within a one-year period for a total of $1,000.00; all of these claims involved damaged freight. Additional shipper-provided information reveals between zero and 15 claims annually for the involved commodity. Regarding carrier-reported claims 4, one carrier reported a claims ratio of 0.18% for item Two additional carriers expressed concern that when the dishwashers are shipped loose 5 or packaged with the sides exposed, the article is likely to become scratched or dented, and thus, will likely result in a claim. Value information furnished by the proponent ranges from $6.54 to $13.50 per pound, with an average value of $9.70 per pound. Overall, value information of record ranges from $6.54 to $39.33 per pound, with an average of $14.51 per pound. Relationship to CCSB Policies and Guidelines This proposal seeks to amend item by establishing provisions predicated on packaging and density 6 with breaks at 4, 6, 8 and 10 pcf, as put forth by the proponent. Information of record indicates that commercial dishwashers moving under the provisions of item range in density from 1.26 to pcf, with an average density of 8.96 pcf. The table on the following page illustrates the data of record when it has been divided into the five proposed density groupings and shows the class associated with the respective average density based on CCSB density guidelines along with the class proposed by the proponent for commercial dishwashers shipped in boxes. 4 From Research Project While some of the involved dishwashers are shipped loose, neither the present provisions nor the proposed provisions authorize loose shipments. 6 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 1, Page 5 of 7

10 SUBJECT 1 Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Class Proposed by Proponent Less than but less than but less than but less than or greater When commercial dishwashers are tendered in boxes or crates, negative handling, stowing or liability considerations are greatly mitigated. Most boxes or crates provide a flat load-bearing surface and allow the carrier to safely load adjacent freight. Articles tendered in boxes or crates also typically provide greater protection against damage to the article itself and to other freight. Negative stowing and liability concerns have been found when commercial dishwashers are tendered for shipment in packages other than boxes or crates. These packages generally do not provide a flat load-bearing surface for top freight, they may not provide sufficient lateral support for adjacent freight, and may require additional attention, as prescribed by shipper instructions or precautionary markings on the package. Commercial dishwashers tendered in this manner impede the carrier s ability to structure a load, and may be more susceptible to damage or likely to damage other freight during transit. CCSB policy states that unusual or significant negative handling, stowability or liability characteristics may be contributing factors in the assignment of classes. The table below illustrates the data of record when it has been divided into the five proposed density groupings and depicts a one-class adjustment from the CCSB density guidelines and the class proposed by the proponent to address the identified stowability and liability characteristics. Density Group (pcf) Average Density (pcf) Class Based on CCSB Density Guidelines One-Class Adjustment Based on Stowability and Liability Considerations Class Proposed by Proponent Based on Stowability and Liability Considerations Less than but less than but less than but less than or greater CCSB policy calls for classification provisions to reflect a commodity s known transportation characteristics. Information of record shows that commercial dishwashers tendered in crates have handling, stowability and liability characteristics comparable to those of commercial dishwashers tendered in boxes. This proposal, however, would not classify commercial dishwashers in crates with those in boxes, but rather, with commercial dishwashers Subject 1, Page 6 of 7

11 SUBJECT 1 in other packages, such as secured on lift truck skids or pallets with little or no protective packaging, which exhibit less favorable stowing and liability characteristics. Additionally, based on the information of record, the classes proposed for the 6 but less than 8 pcf, 8 but less than 10 pcf, and 10 pcf or greater density groups are not consistent with CCSB density guidelines for the classes proposed. Subject 1, Page 7 of 7

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13 SUBJECT 2 Re: Scaffolds, Scaffolding, or Scaffold Sections or Components CCSB Contact: Matthew S. Erim Telephone (703) erim@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class Builders or Maintenance Horses, Scaffolds, Scaffolding or Scaffold Sections: Aluminum or aluminum and wood combined, KD flat, or in panel or board-like form Steel or steel and wood combined, NOI: Sub 1 SU, not nested nor interlaced, loose or in packages Sub 2 SU, interlaced or nested, or KD, loose or in packages Sub 3 KD flat, or in panel or board-like form, loose or in packages Window cleaners, KD flat, or in panels or board-like form, NOI, in packages Wooden, NOI: Sub 1 SU Sub 2 KD flat, or in panel or board-like form HARDWARE GROUP: subject to item Brackets, scaffold, iron Scaffolding, or Scaffold Components, tube and clamp type, unassembled, steel, see Note, item , viz.: Bearer Trusses; Braces; Brackets; Casters; Clamps; Collars; Posts; Screw Jacks; Starter Collars; In packages NOTE Applies on shipments consisting of components necessary to erect a scaffold or scaffold section or on shipments consisting of one or more of the named scaffold components. Subject 2, Page 1 of 8

14 SUBJECT 2 Proposed Classification Provisions Item Description Class Builders or Maintenance Horses, Scaffolds, Scaffolding or Scaffold Sections:... Cancel; see item Aluminum or aluminum and wood combined, etc... Cancel; see item Steel or steel and wood combined, NOI, etc... Cancel; see item Window cleaners, etc... Cancel; see item Wooden, NOI, etc.... Cancel; see item HARDWARE GROUP: subject to item Brackets, scaffold, iron... Cancel; see item Scaffolding or Scaffolds, or Components or Parts thereof, viz.: Builders or Maintenance Horses; Scaffolding or Scaffold Components or Parts, NOI; Scaffolding or Scaffolds, NOI; Scaffolding or Scaffolds, window cleaners ; In packages: Sub 1 Greatest dimension exceeding 192 inches, see Note, item NEW, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 15 or greater Sub 4 Greatest dimension exceeding 96 inches but not exceeding 192 inches, see Note, item NEW, subject to Item 170 and having a density in pounds per cubic foot of: Sub 5 Less than Sub 6 15 or greater Sub 7 Greatest dimension not exceeding 96 inches, see Note, item NEW, subject to Item 170 and having a density in pounds per cubic foot of: Sub 8 Less than Sub 9 15 or greater NOTE Cancel; no further application. NEW NOTE Greatest dimension refers to the longest straight-line dimension of the handling unit as tendered for shipment. Subject 2, Page 2 of 8

15 SUBJECT 2 Analysis Research Project 1208 Research Project 1208 on scaffolds, scaffolding, or scaffold sections or components was initiated in October 2013 to address interpretation issues and to determine the transportation characteristics of the involved products. Hereinafter, these products will be referred to as scaffolding. In conjunction with the project, questionnaires were mailed to 173 potential manufacturers or shippers of the involved products and 18 associations believed to represent those manufacturers or shippers in October 2013, and for those that did not respond, again in January Of the companies contacted, 21 responded that they do not manufacture or ship scaffolding, and 11 companies provided at least some information. Six associations indicated that they do not represent manufacturers or shippers of this product. No responses were received from the remaining associations. History of Provisions The basic provisions for steel scaffolding, wooden scaffolding, window cleaners scaffolding and iron scaffold brackets were all adopted from the rails in The provisions for window cleaners scaffolding and iron scaffold brackets have remained substantially unchanged to the present. The present classes for wooden scaffolding are the result of action taken on Special Docket No. 1 (issued July 20, 1949) to remain rail competitive. First appearing in NMFC A-1, effective July 10, 1952, the provisions have remained substantially unchanged to the present. As a result of action taken on Special Docket No. 2 (issued April 27, 1951) and Special Docket No. 3 (issued March 15, 1952), provisions for aluminum or aluminum and wood combined scaffolding were established to remain competitive with the rails, first appearing in NMFC A-1, effective July 10, 1952, and remaining substantially unchanged to the present. The current provisions for steel or steel and wood combined scaffolding, NOI, were established as a result of action taken on Docket 66, Subject 4 (November 1954) and first appeared in Supplement 8 to NMFC A-2, effective March 8, Item was established as a result of action taken on Docket 843, Subject 18 (April 1984), which was a proposal to establish specific provisions for tube and clamp type, unassembled, steel scaffolding or scaffold components. Information from that record indicated densities ranging from to pcf, with an average density of pcf. An average value of $1.33 per pound (in 1984 dollars) was reported. That proposal was approved as modified, and the changes first appeared in Supplement 11 to NMF 100-K, effective November 3, The provisions have remained substantially unchanged to the present. Subject 2, Page 3 of 8

16 SUBJECT 2 About Scaffolding Scaffolding refers to a temporary structure used to support people and material in the construction, repair or maintenance of buildings and other large structures. It is usually a modular system of components which may include metal pipes or tubes and flooring material. The material composition and design, as well as the components, can vary depending on their specific application. Scaffolding is available in a wide variety of dimensions as depicted in the examples below. Transportation Characteristics Density The information of record includes 8,515 density observations submitted by shippers and carriers, observed on CCSB dock surveys and obtained from the CCSB s Density Study 1. The products range in density from 1.00 to pcf, with an average density of pcf. The frequency distribution is shown on the following page. 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 2, Page 4 of 8

17 SUBJECT 2 Frequency Distribution % of Figures in Interval 40.00% 30.00% 20.00% 10.00% 0.00% 33.96% 14.77% 8.98% 10.09% 7.88% 9.58% 7.82% 4.78% 0.00% 0.41% 1.71% Density Intervals (pcf) When the data is evaluated on the basis of a density break at 15 pcf, the following ranges and averages are calculated. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than or greater Handling Scaffolding is generally tendered uncovered or unprotected for shipment secured on lift truck skids or pallets with standing posts. Less commonly, scaffolding may be shipped in boxes secured to lift truck skids or pallets. Regardless of how they may or may not be packaged, the articles frequently overhang the lift truck skid or pallet, making handling more difficult. Packages may also be labeled with precautionary markings or handling instructions such as Fragile and Handle with Care. Scaffolding comes in a multitude of sizes and configurations. It is not uncommon for handling units to exhibit lengths over 96 inches 2, and lengths have been recorded up to 396 inches (33 feet). In such instances, safely handling units into and out of the vehicle becomes increasingly more difficult, and certain equipment, such as fork extensions, or additional personnel may be necessary to avoid damage to the scaffolding or other freight due to the presence of exposed or protruding edges. The level of difficulty increases as the length/size of the article increases, even if fork extensions are available and used. Often there is not enough room at carrier facilities to safely or easily handle and maneuver excessively long units. 2 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 5 of 8

18 SUBJECT 2 Stowability Several negative stowing considerations have been identified. The lift truck skids or pallets are frequently not long enough to support the entire product, and having some degree of overhang is ordinary. Additionally, the handling units typically do not provide a flat load-bearing surface for top freight. A carrier described the commodity as, too awkward [and] heavy to put on other freight. Furthermore, the presence of protruding edges inhibits the carrier s ability to safely load freight adjacent to the scaffolding. Excessively long handling units may further complicate the carrier s ability to structure a load and maximize vehicle utilization. Depending on the length/size of the article, the carrier will have to ensure that the freight will fit in the vehicle. Liability Scaffolding is not perishable, hazardous in nature, or unusually susceptible to theft. Scaffolding tendered secured on lift truck skids or pallets with little or no protective packaging may have exposed edges or protrusions that can puncture, mar or otherwise damage adjacent freight, and it may also be susceptible to damage. One carrier indicated, when arriving at the consignee, often the scaffolding pieces are refused and returned to the shipper. We end up eating the cost of the commodity in a claim and selling the pieces for pennies on the dollar in salvage, while another carrier stated that the commodity is easily bent/damaged. The photo on the right, which was taken on a CCSB dock survey, shows a shipment of scaffolding piercing the packaging of adjacent freight. With respect to claims, claims ratios of 1.14% and 3.76% for two shippers have been reported. Although not necessarily indicative of a claims problem, another report indicated delivery exception rates of 6.66% and 9.09% for items and , respectively. Shippers who returned commodity questionnaires reported zero to 24 claims annually. The value per pound ranges from $1.06 to $10.13, with an average value of $4.19 per pound. Subject 2, Page 6 of 8

19 SUBJECT 2 Relationship to CCSB Policies and Guidelines CCSB policy calls for provisions to be as clear as possible to mitigate the potential for interpretation disputes. CCSB policy also calls for combining descriptions embracing related commodities and creating uniformity in provisions addressing the same or similar circumstances. The present provisions for scaffolding based on material consist, form of shipment, and type have been the source of interpretation issues. In keeping with CCSB policy, these issues would be mitigated by canceling the provisions of items 33460, 33500, 33520, 33530, and with reference to item , while concurrently revising the listings in the viz. format for simplification and uniformity. CCSB policy also calls for provisions to reflect a commodity s known transportation characteristics. Information of record for scaffolding shows a range in density from 1.00 to pcf, with an average density of pcf. Under CCSB guidelines, an average density of pcf is generally associated with class 70, which calls for a minimum average density of 15 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. In this instance, research has identified several negative handling, stowability and liability issues that must also be considered, in accordance with CCSB policies. These factors have been detailed in this analysis and include the increased care and attention needed to safely handle these products, the inability of the scaffolding to provide a flat load-bearing surface for top freight or to allow the carrier to safely load freight adjacent to it, and an increased susceptibility to damage. Additionally, as the greatest dimension of the handling unit increases, the scaffolding has been found to be increasingly more difficult to handle and stow, and the liability may be greater. Accordingly, this proposal would establish classes predicated on a density break at 15 pcf 3. Based on the identified handling, stowing and liability concerns, which are amplified as the handling unit s greatest dimension increases, assigning classes higher than those provided by the CCSB density guidelines would be consistent with CCSB policy. This proposal would establish provisions for scaffolding with respective class adjustments for handling units not exceeding 96 inches, exceeding 96 inches but not exceeding 192 inches, and exceeding 192 inches in greatest dimension. The associated average densities, guideline classes and proposed classes are depicted in the table on the following page. 3 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 2, Page 7 of 8

20 SUBJECT 2 Density Group (pcf) Average Density in Group (pcf) Guideline Class Class Adjustment for Articles Not Exceeding 96 Inches Class Adjustment for Articles Exceeding 96 Inches but Not Exceeding 192 Inches Class Adjustment for Articles Exceeding 192 Inches Less than or greater Concurrently, Note, item would be canceled with no further application, while a new, attendant Note to be referenced by item would be established to define the term greatest dimension, in the interest of clarification. This proposal is consistent with classification precedent. As a result of action taken on Docket , Subject 3 (May 2011), item 52190, naming iron or steel pipe or tubing, was established to provide classes based on the greatest dimension of the handling unit as tendered for shipment, with a corresponding class adjustment for each eight-foot incremental increase, and a density break where greatest dimension does not exceed 96 inches. That proposal was approved as docketed, and the provisions first appeared in Supplement 2 to NMF 100-AK, effective July 23, Additional precedent can be found in Docket , Subject 1 (September 2013). As a result of that proposal, item 86700, naming flat glass, bent or not bent, NOI, was amended to provide classes based on the greatest dimension and density of the handling unit as tendered for shipment. Due to the respective negative handling, stowing and liability characteristics, class adjustments were given to articles with greatest dimension not exceeding 96 inches and articles with greatest dimension exceeding 96 inches, accordingly. That proposal was approved as docketed, and the provisions first appeared in Supplement 4 to NMF 100-AM, effective December 14, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 2, Page 8 of 8

21 SUBJECT 3 Re: Ladders, metal or wood Items , and CCSB Contact: Daniel E. Horning Telephone (703) horning@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class LADDERS: subject to item Aluminum or Magnesium, or Aluminum or Magnesium Alloy, separate or combined with wood, steel or plastic, NOI, see Note, item , in packages, see Notes, items and NOTE Safety locks must be secured to side rails of ladder with reinforced tape. Exposed wheel spurs or ice pick plates must be covered by protective material Steel, NOI, in packages, see Note, item NOTE Does not apply on fiberglass ladders (ladders with fiberglass side rails) with or without components of other materials. For applicable classes, see item , Plastic Articles, NOI, other than expanded Wood or Wood and Steel combined, NOI, in packages, see Notes, items and NOTE When shipped on lift truck skids or pallets ladders must be secured on and must not overhang the lift truck skid or pallet. THIS SPACE INTENTIONALLY LEFT BLANK Subject 3, Page 1 of 6

22 SUBJECT 3 Proposed Classification Provisions Item Description Class LADDERS: subject to item Aluminum or Magnesium, or Aluminum or Magnesium Alloy, separate or combined with wood, steel or plastic, NOI, etc... Cancel; see item A-NEW NOTE No Change Steel, NOI, etc... Cancel; see item A-NEW NOTE No Change Wood or Wood and Steel combined, NOI, etc... Cancel; see item A-NEW NOTE No Change. A-NEW Ladders, NOI, other than plastic, see Note, item , in packages, see Notes, items , and B-NEW: 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 B-NEW NOTE Greatest dimension refers to the longest straight-line dimension of the handling unit as tendered for shipment. Analysis Research Project 1195 Research Project 1195 was initiated in August 2013 in response to reports that shipments of ladders exhibited densities inconsistent with the present provisions of item The project was expanded to include items and as shown in the present provisions. During the project, questionnaires were sent to 89 potential manufacturers or shippers and one trade association related to the ladders industry. Mailings were sent in April 2014, and for non-respondents, a second, follow-up mailing was sent in June From those mailings, one company responded with usable information, and two firms responded but did not provide usable data. The association contacted did not respond to the inquiry. History of Provisions The provisions of item first appeared in Supplement 10 to NMFC No. 2, effective October 8, 1937, to remain rail competitive. As a result of action taken on Docket 81, Subject 59 (November 1957), Magnesium or Magnesium alloy was added to the description. The change first appeared in Supplement 24 to NMFC A-4, effective August 12, Items and were adopted from the rails and first appeared in LTL-1, effective April 1, As a result of Special Docket No. 1 (issued July 20, 1949), the ratings were adjusted to current levels and first appeared in NMFC A-1, effective July 10, Subject 3, Page 2 of 6

23 SUBJECT 3 As a result of action taken on Docket , Subject 5 (October 2008), items , and were amended to require that commodities be tendered in packages, as defined in Sec. 5 of Item (Rule) 680. Concurrently, an attendant Note (item ) was added requiring that ladders tendered on lift truck skids or pallets be secured to the skids or pallets and not overhang the decking. The changes first appeared in Supplement 4 to NMF 100-AH, effective January 10, About Ladders Ladders are commonly understood as climbing devices with a series of horizontal rungs or steps connected to vertical members called stringers or rails. There are many types of ladders with wide and varied uses, and they may be made of metal, wood, plastic, or a combination thereof 1. This proposal concerns those that are recognized in the industry as rigid ladders (as opposed to non-rigid types, such as rope ladders) that are usually portable and can be leaned against or permanently affixed to a vertical surface, such as a wall. The proposal encompasses extension ladders, but not stepladders, which are classified elsewhere. Transportation Characteristics Density The information of record includes 17,264 density observations submitted by carriers and a shipper, observed firsthand on CCSB dock surveys, and gathered from the CCSB s Density Study 2. The densities range from 0.42 to pcf, with an average density of 5.06 pcf. The frequency distribution is shown below. % of Figures in Interval 40.00% 30.00% 20.00% 10.00% 0.00% Frequency Distribution 39.12% 28.91% 17.01% 0.13% 5.33% 4.12% 2.00% 1.45% 1.04% 0.56% 0.32% Density Intervals (pcf) 1 This proposal does not encompass plastic or fiberglass ladders, including ladders with rails made of plastic or fiberglass, as classified 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. Subject 3, Page 3 of 6

24 SUBJECT 3 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) Exceeding 192 inches Exceeding 96 inches but not exceeding 192 inches Not exceeding 96 inches Handling Ladders vary greatly in size, with reported lengths up to 312 inches (26 feet) and an average length of approximately 11 feet. As the length increases, the handling into and out of the vehicle becomes considerably more difficult, and certain equipment, or additional personnel, may be necessary to handle long shipments 3. Furthermore cross-dock operations can be affected as well, with maneuverability and storage issues arising as the length increases. Often, there is not enough room at carrier facilities to safely or easily handle and maneuver excessively long handling units. It should also be noted that in some instances shipments are labeled with precautionary markings or handling instructions, such as Fragile, Do Not Break Down Skid, or Please Handle With Care. Stowability Ladders may be tendered loose 4, secured on lift truck skids or pallets, wrapped in plastic film, or in boxes or crates. The method of packaging can greatly affect the stowability of freight. There are tangential issues as well, including the loss of vertical vehicle space due to stacking prohibitions, such as Do Not Double Stack, and the requirement of floor-loading in many cases due to size, weight and configuration of handling units. Stowing product shipments longer than 96 inches may prove to be more difficult than general packaged freight, as they may impede the carrier s ability to structure the load. Additionally, product shipments tendered loose (unpackaged or unprotected) are unwieldy, leaving them more susceptible to damage. Examples of the many methods of tender are shown below. 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 the consignor will perform the loading and the consignee will perform the unloading. 4 While some ladders are shipped loose, neither the present provisions nor the proposed provisions authorize loose shipments. Subject 3, Page 4 of 6

25 SUBJECT 3 Liability Ladders are not perishable, hazardous in nature or susceptible to theft. They may be susceptible to damage depending on the manner in which they are tendered for shipment. In this regard, some ladder shipments have been observed with precautionary warnings such as Pallet load stack has been photographically recorded.any shipping damages will be charged to the carrier and Any damage caused by a forklift operator will be charged to the handling company. Carrier reports make mention of the added burden of returned or damaged ladders. Any amount of damage to a ladder generally makes it unsellable as it no longer meets OSHA safety standards. As is the case with most general commodities, being fully enclosed within a box or crate will offer greater protection against damage than when tendered secured on lift truck skids or pallets, wrapped in plastic film, or loose. Ladders may damage other freight if not stowed properly within the vehicle, particularly when the greatest dimension exceeds 96 inches. In this regard, all involved item provisions require ladders be tendered in packages and are all subject to the attendant Note, item , requiring shipments on lift truck skids or pallets to be secured on and not overhang the skid or pallet. Despite these restrictions, product shipments continue to be tendered with exposed surfaces, non-secured or overhanging the decking, and subject to abrasion, marring or denting during transit, as evidenced in the following photos. Responding carriers report damages to exposed areas, such as dents, scratches, scuffing, etc., resulting in a range of claims ratios from 0.03% to 9.70%. Only two value per pound observations of $5.37 and $5.60 were reported. Relationship to CCSB Policies and Guidelines CCSB policy regarding clarification, simplification and uniformity calls for combining descriptions embracing related commodities, eliminating excess or unclear wording, employing language that is concise and clear as to intent, and structuring commodity descriptions so as to foster clarification and simplification. In this respect, as proposed, items , and would be canceled and consolidated into a new entry, naming Ladders, NOI, other than plastic. CCSB policies also state that classifications should reflect a commodity s known transportation characteristics. The information of record includes 17,264 density observations. These observations average 5.06 pcf, with a density range from 0.42 to pcf. Under CCSB guidelines, an average density of 5.06 pcf would generally call for class 175, absent any significant negative handling, stowability or liability considerations. However, as discussed in this analysis, ladders do exhibit significant negative handling, stowability and liability Subject 3, Page 5 of 6

26 SUBJECT 3 considerations. Specifically, it was found that greatest dimension has the most significant effect on the transportability of these products, and as greatest dimension increases the issues increase exponentially. The table below 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), where known. Greatest Dimension Average Density (pcf) CCSB Minimum Average Density Guideline (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 previously mentioned and documented in the analysis, as greatest dimension increases, the more difficult these articles are to handle and stow, and the greater the liability risk. The assignment of classes 200, 250 and 300 in respective eight-foot increments reflects the increasingly significant handling, stowing and liability factors associated with ladders. A new Note would concurrently be established and referenced by the new item to define the term greatest dimension. This proposal is also consistent with classification precedent. As a result of action taken on Docket , Subject 11 (January 2014), item was amended to provide for helicopter rotor blades or rotor blade leading edge covering, with delineations based on the greatest dimension of the handling unit as tendered for shipment, with a corresponding class adjustment for each eight-foot incremental increase. The 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 3, Page 6 of 6

27 SUBJECT 4 Re: Foil, Foil Wrappers or Foil Scrap CCSB Contact: Shannon C. Allard Telephone (703) allard@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FOIL OR FOIL WRAPPERS: see Note, item NOTE Also applies on wrappers, cut or not cut to individual sizes, for completely covering the sides of metal cans or fiberboard cans, bottles or tubes Aluminum or tin: With paper back, rolled, less than 50 feet (600 inches) per roll, in boxes NOI: Without paper back or backed with paper weighing 30 pounds or less, see Notes, items and 71724, in boxes or in Package NOTE Foil backed with paper weighing 20 pounds or more per ream may also be shipped in rolls completely wrapped with three thicknesses of heavy Kraft paper, the ends of the rolls to be protected by fiberboard not less than of an inch in thickness or by 200-pound-test doublewall corrugated fiberboard NOTE Weights of paper are per ream of 480 sheets, 24 x 36 inches Backed with paper weighing more than 30 pounds, see Notes, items and 71742, paperboard or pulpboard, in boxes, or in Package NOTE Foil backed with paper weighing more than 30 pounds per ream may also be shipped in rolls completely wrapped with three thicknesses of heavy Kraft paper, the ends of the rolls to be protected by fiberboard not less than of an inch in thickness or by 200-pound-test doublewall corrugated fiberboard Lead, lead and tin combined, or zinc with or without paper, paperboard or pulpboard back, in boxes Foil Scrap, aluminum, lead, lead and tin combined, tin or zinc, with or without paper, paperboard or pulpboard back: Sub 1 In bags Sub 2 In bales or bundles machine pressed, or in boxes, crates or drums Subject 4, Page 1 of 6

28 SUBJECT 4 Proposed Classification Provisions Item Description Class NEW Foil, Foil Wrappers or Foil Scrap, aluminum, lead, tin or zinc, NOI, with or without paper, paperboard or pulpboard backing, in boxes, crates or Package 2299, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 15 but less than Sub 3 30 or greater FOIL OR FOIL WRAPPERS, etc.... Cancel; see item NEW NOTE Cancel; no further application Aluminum or tin:... Cancel; see item NEW With paper back, rolled, etc... Cancel; see item NEW NOI:... Cancel; see item NEW Without paper back or backed with paper weighing 30 pounds or less, etc... Cancel; see item NEW NOTE Cancel; no further application NOTE Cancel; no further application Backed with paper weighing more than 30 pounds, etc... Cancel; see item NEW NOTE Cancel; no further application Lead, lead and tin combined, or zinc with or without paper, etc... Cancel; see item NEW Foil Scrap, aluminum, lead, lead and tin combined, tin or zinc, etc... Cancel; see item NEW Analysis Research Project 1220 This proposal is based on information developed through Research Project 1220, which was initiated in March of 2014 in light of evidence of potential interpretation disputes and to investigate the transportation characteristics of foil, foil wrappers or foil scrap. During the course of Research Project 1220, questionnaires were mailed to 124 potential manufacturers or shippers of the involved commodities, along with four trade associations believed to represent those companies. Mailings were sent in April of 2014, and for nonrespondents, a second, follow-up questionnaire was sent in June of 2014, inviting them to participate in the research. Additional questionnaires were sent as the CCSB was made aware of other potential industry contacts. From those mailings, six companies responded that they do not manufacture or ship the involved articles, and six companies provided some Subject 4, Page 2 of 6

29 SUBJECT 4 information. Two of the trade associations responded that they do not represent manufacturers or shippers of the involved articles. No responses were received from the remaining associations. History of Provisions The basic provisions of item were established as a result of action taken on Docket 98, Subject 63 (March 1961). That proposal was approved as modified, and the provisions first appeared in Supplement 5 to NMFC A-6, effective May 18, The remaining provisions for foil, foil wrappers or foil scrap as currently named in items 71720, 71740, and were adopted from the rails in Since the time of their establishment/adoption, there have been amendments to the involved provisions, including class adjustments, packaging changes and the addition of clarifying or packaging Notes. About Foil, Foil Wrappers or Foil Scrap The involved research encompasses a variety of foil, which is extremely versatile and can be utilized in a myriad of applications (e.g. decorative wrap, pharmaceutical packaging, foodservice, etc.). The involved foil may or may not have a paper backing and can be composed from aluminum, lead, tin or zinc. Some examples of the products involved in the research are shown in the photos below. Transportation Characteristics Density The information of record includes 2,644 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 1.39 to pcf, with an average of pcf. The frequency distribution for foil, foil wrappers or foil scrap is shown on the following page. 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 3 of 6

30 SUBJECT 4 Frequency Distribution % of Figures in Interval 40.00% 30.00% 20.00% 10.00% 0.00% 0.00% 0.08% 0.15% 11.23% 5.11% 5.56% 1.78% 2.19% 30.64% 20.80% 22.47% Density Intervals (pcf) When the data is evaluated on the basis of the three proposed density groupings, the following ranges and averages are calculated. Density Group (pcf) Density Range (pcf) Average Density (pcf) Percentage of Figures in Group Less than % 15 but less than % 30 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. Handling and stowability should be comparable to that of other like-packaged freight. Liability Foil, foil wrappers or foil scrap is not perishable, unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor does it appear likely to damage other freight. Responding shippers reported minimal to no claims for the involved articles. One carrier reported zero claims for the involved products. A second carrier reported that they had one claim for the involved commodities in the last couple of years. The value per pound for foil, foil wrappers or foil scrap ranges from $0.41 to $35.00, with an average of $5.91 per pound. Subject 4, Page 4 of 6

31 SUBJECT 4 Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to be as clear as possible to help preclude interpretation disputes. The items named in the Present Classification Provisions herein apply on various types of foil, foil wrappers or foil scrap, which may result in interpretation questions. Therefore, it would be in keeping with CCSB policies to cancel the present provisions with reference to a new item, which would name Foil, Foil Wrappers or Foil Scrap, aluminum, lead, tin or zinc, NOI, with or without paper, paperboard or pulpboard backing. Notes, items 71702, 71722, and would be canceled with no further application. CCSB policies also call for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Information of record for foil, foil wrappers or foil scrap shows that these products have a density range from 1.39 to pcf, with an average of pcf, and no unusual or significant handling, stowability or liability characteristics. Under CCSB guidelines, an average density of pcf is generally associated with class 65, which calls for a minimum average density of 22.5 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. When the data of record is evaluated based on the proposed density breaks at 15 and 30 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 2 at 15 and 30 pcf for the involved products. CCSB packaging policies state that the CCSB is to establish and maintain packaging rules and specifications as necessary to ensure that freight is adequately protected so as to withstand the normal rigors of the LTL environment. Requiring foil, foil wrappers or foil scrap to be tendered in boxes, crates or Package would be in keeping with these policies. Precedent for this approach can be found in Docket , Subject 2 (June 2015), involving newspaper inserts or supplements, or magazines or periodicals as named in item Density was determined to be the primary transportation characteristic since there were no significant negative handling, stowability or liability characteristics. Two density breaks at 22.5 and 30 pcf were proposed to provide a more accurate representation of the identified range in density. That proposal was approved as modified, and the provisions first appeared in Supplement 2 to NMF 100-AO, effective August 22, The density provisions would include reference to Item (Rule) 170, the inadvertence clause. 3 Package 2299 provides specifications for foil or foil wrappers to be bundled and palletized, and is currently authorized in items and Subject 4, Page 5 of 6

32 SUBJECT 4 Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. Subject 4, Page 6 of 6

33 SUBJECT 5 Re: Film or Sheeting, plastic or rubber, other than rigid CCSB Contact: Erin N. Topper Telephone (703) topper@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class PLASTIC OR RUBBER ARTICLES, OTHER THAN EXPANDED, GROUP: subject to item Articles, viz.: Articles, NOI; [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 The following departures from packing requirements are permitted: Not Involved. 11. Plastic or rubber film or sheeting may be shipped in wrapped bundles or rolls, or Packages 591, 2057, 2058, 2059, 2103 or Not Involved NOTE Not Involved NOTE Not Involved Film or Sheeting, NOI, see Note, item , in boxes, crates, wrapped bundles or rolls, or Packages 591, 2057, 2058, 2059, 2103 or 2221, having a density of 35 pounds or greater per cubic foot, see Note, item NOTE Does not apply on self-supporting (rigid) plastic sheet or plate. For applicable provisions, see item NOTE Density must be shown by shipper on shipping orders and bills of lading at time of shipment. If density is not shown and shipment is inadvertently accepted, class will initially be assessed under the provisions of item , naming 'Plastic or Rubber Articles, NOI.' Upon satisfactory proof of actual density, class will be adjusted accordingly. Subject 5, Page 1 of 9

34 SUBJECT 5 Proposed Classification Provisions Item Description Class PLASTIC OR RUBBER ARTICLES, OTHER THAN EXPANDED, GROUP: subject to item Articles, viz.: Articles, NOI; [Other Articles Listed No Change.] In boxes, crates, drums or Packages 870, 1078, 1241, 1273, 1456, 2195, 2212, 2213, 2230 or 2459, see Note, item , etc... No Change NOTE The following departures from packing requirements are permitted: No Change. 11. Not currently used No Change NOTE No Change NOTE No Change Film or Sheeting, NOI, see Note, item A-NEW, in boxes, crates, wrapped bundles or rolls, or Packages 591, 2057, 2058, 2059, 2103 or 2221, see Sub 1 Note, item B-NEW: Food or pharmaceutical grade, see Note, item C-NEW, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 15 but less than Sub 4 30 or greater Sub 5 Other than food or pharmaceutical grade as defined in Note, item C-NEW, subject to Item 170 and having a density in pounds per cubic foot of: Sub 6 Less than Sub 7 15 but less than Sub 8 30 or greater A-NEW NOTE Does not apply on self-supporting (rigid) plastic sheet or plate. For applicable provisions, see item B-NEW NOTE Film or sheeting tendered for shipment on lift truck skids or pallets must not overhang the skid or pallet deck, and all exposed surfaces and edges must be completely wrapped with plastic film or corrugated fiberboard. Film or sheeting stacked on lift truck skids or pallets must be secured to the lift truck skid or pallet by means necessary to withstand the normal rigors of the less-than-truckload environment NOTE Cancel; see item A-NEW. C-NEW NOTE The term food or pharmaceutical grade' embraces film or sheeting that will be used in connection with food, foodstuffs, pharmaceuticals or other applications, and where exposure of the film or sheeting to hazardous materials, odor-emitting freight, debris or other contaminants will result in a claim for, or refusal of, all or part of the shipment. Bills of lading and shipping orders must be so notated, and shipping containers or packages must also be so marked. Subject 5, Page 2 of 9

35 SUBJECT 5 Proposed Classification Provisions Concluded Item Description Class NOTE Cancel; no further application. Analysis Research Project 1216 Research Project 1216 was initiated in February 2014 on plastic or rubber film or sheeting, other than rigid, as classified in items and , in response to reports of handling units not meeting the density-floor restriction of 35 pcf in item nevertheless being classified in that item. In addition, multiple sources identified claims issues resulting from food or pharmaceutical grade plastic film or sheeting being coloaded with specific products, e.g., hazardous materials and odor-emitting freight. In conjunction with the project, questionnaires were mailed to 449 potential manufacturers or shippers of the involved products and six associations believed to represent those manufacturers or shippers in March 2014, and for those that did not respond, again in May From those mailings, usable information was received from 11 companies; nine companies responded, but did not provide usable data; and 12 companies reported that they do not manufacture or ship these products. In June 2014, one major manufacturer of the involved products contacted the CCSB in response to the commodity questionnaire. The shipper indicated a willingness to provide detailed shipment information and was ed a spreadsheet to facilitate the submission of the data. However, no response was received from the shipper, even when contacted a second time in October No responses were received from any of the associations. History of Provisions Provisions for plastic film or sheeting were adopted from the rails in 1936 as cellulose film. Over the years, the provisions have been amended, but the most recent changes occurred as a result of action taken on Docket , Subject 8 (February 2005). The current class 55 in item was assigned to apply on plastic film or sheeting having a density of 35 pcf or greater. Concurrently, two attendant Notes were established, one restricting item from applying on self-supporting (rigid) plastic sheet or plate, and the other providing an inadvertence clause in the event the density is not shown at time of shipment. A new paragraph (11) was added to Note, item to allow for the currently applicable packaging requirements for film or sheeting not meeting the density-floor restriction of 35 pcf in item and, thus, classified in item The provisions first appeared in Supplement 2 to NMF 100-AE, effective April 30, 2005, and have remained unchanged to the present. 1 While rubber film or sheeting is classified in these items, most of the involved film or sheeting is plastic. As such, the material will be referred to herein as plastic film or sheeting. Subject 5, Page 3 of 9

36 SUBJECT 5 About Plastic Film or Sheeting Plastic film or sheeting is made of various polymers, such as low density and high density polyethylene (LDPE and HDPE) and polypropylene (PP), which are melted and extruded into a thin, flexible material that is used in a variety of applications. Plastic film or sheeting may be manufactured in sheets or rolls and is often used for food or pharmaceutical packaging, such as the bag of vegetables shown on the left. Shipments of Plastic Film or Sheeting Rolls of plastic film or sheeting may be wrapped around cores, secured in or on cradles, or enclosed in fiberboard boxes. Sheets of plastic film or sheeting may be tendered in fiberboard boxes or simply stacked on lift truck skids or pallets. As shown in the example shipments below, plastic film or sheeting is generally tendered on lift truck skids or pallets and secured using strapping and/or plastic film. Subject 5, Page 4 of 9

37 SUBJECT 5 Transportation Characteristics Density The information of record includes 101,738 density observations submitted by shippers and carriers, observed firsthand on CCSB dock surveys and gathered from the CCSB s Density Study 2. The densities range from 0.65 to pcf, with an average of pcf. The data can be divided into three density groupings of less than 15 pcf, 15 but less than 30 pcf, and 30 pcf or greater. Frequency Distribution % of Figures in Interval 50.00% 40.00% 30.00% 20.00% 10.00% 0.00% 40.37% 27.02% 14.77% 0.01% 0.03% 0.36% 0.83% 2.08% 3.42% 4.32% 6.79% Density Intervals (pcf) When the data of record is evaluated on the basis of the three proposed density groupings, the following ranges and averages are calculated. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater It should be noted that item is currently assigned class 55 and requires a minimum density of 35 pcf. However, the information of record for densities reported under this item indicates a range from 0.75 to pcf, with an average of pcf. The average density of pcf, which is generally associated with a class 65 based on CCSB density guidelines, is an indication that this item is not being correctly applied. 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 5, Page 5 of 9

38 SUBJECT 5 Handling As shown in the photos on page 4 of this analysis, plastic film or sheeting is generally tendered on lift truck skids or pallets, which permits mechanical handling. Some units are marked Fragile and/or Handle with Care, indicating that some degree of care and attention is required when handling these products. If the film or sheeting is not properly secured to the lift truck skid or pallet, handling issues may be present. Food or pharmaceutical grade plastic film or sheeting presents additional handling considerations as it must be kept clean from debris and free from contamination, or even the perception of contamination, at carrier facilities and while in transit. Stowability Plastic film or sheeting tendered in boxes or in rolls stacked on lift truck skids or pallets may provide a flat load-bearing surface for compatible top freight. However, many handling units are labeled Do Not Stack or Do Not Double Stack or Stack Heavy Freight on Top, even when a flat load-bearing surface is present, limiting the carrier s ability to structure a load and maximize vehicle utilization. Food or pharmaceutical grade plastic film or sheeting will often require segregation from potential contaminants, such as hazardous materials, odor-emitting freight, or debris. Depending on the carrier s freight mix, these coloading restrictions or prohibitions may result in the need to dispatch additional vehicles for the shipment of these materials, which is not necessary for general freight. Liability Plastic film or sheeting does not have the propensity to damage other freight, nor is it unusually susceptible to theft. However, plastic film or sheeting not adequately protected by packaging, or not properly secured to lift truck skids or pallets, may be liable to damage from the normal rigors of the LTL environment. The photo on the left demonstrates how rolls may shift on a lift truck skid or pallet when stacked on end and not securely fastened to the lift truck skid or pallet. With regards to claims, shippers report zero to 12 claims annually. The value per pound ranges from $0.14 to $20.83, with an average of $2.58 per pound. Food or pharmaceutical grade plastic film or sheeting requires additional protection from freight with which stowed, such as hazardous materials and odor-emitting freight, as well as from debris. The labels and bill of lading notation shown on the following page are from actual shipments of these products, which indicate a significantly greater liability risk. At least one carrier has reported entering into a contractual agreement with a shipper of these products, which provides specific requirements as to how the freight must be handled and stowed in order to reduce the chance of damage or claims. Other carriers have reported refused shipments and resulting claims for plastic film or sheeting that has been coloaded or has come in contact with potential contaminants, including instances where the carrier had not been informed in advance of the need to take extraordinary protective measures in handling or stowing the freight. Subject 5, Page 6 of 9

39 SUBJECT 5 Relationship to CCSB Policies and Guidelines Plastic film or sheeting is currently classified in item provided the density floor of 35 pcf is met. When handling units have a density of less than 35 pcf, item is to be applied. Information of record indicates, however, that item is being routinely applied to plastic film or sheeting regardless of density. This proposal would amend item to apply to all of the involved plastic film or sheeting. Concurrently, the packaging exceptions for the involved products provided in paragraph 11 of Note, item , which is subordinate to item , would be removed as having no further application. CCSB policies call for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Information of record for plastic film or sheeting includes 101,738 density observations, ranging from 0.65 to pcf, with an average of pcf. Under CCSB guidelines, an average density of pcf is generally associated with class 65, which calls for a minimum average density of 22.5 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. When the data of record is evaluated based on the proposed density breaks at 15 and 30 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 Subject 5, Page 7 of 9

40 SUBJECT 5 As shown in the photos herein, plastic film or sheeting may be shipped in rolls or in sheets, boxed or not boxed, typically secured on lift truck skids or pallets. Generally, the freight should be readily handled with mechanical equipment, but as evidenced by shipper instructions and precautionary markings, some degree of care and attention is required when handling these products. Moreover, there may be handling issues if the film or sheeting is not properly secured to the lift truck skid or pallet. When stowing, plastic film or sheeting may not be double-stacked or top-loaded due to the configuration of the handling unit, or due to shipper instructions or precautionary markings. Plastic film or sheeting not adequately protected by packaging, or not properly secured to lift truck skids or pallets, may be liable to damage from the normal rigors of the LTL environment. In addition to the negative handling, stowing and liability considerations noted above, food or pharmaceutical grade plastic film or sheeting poses additional risks, because it must not be coloaded with a number of products, such as hazardous materials or odor-emitting freight, and must be kept free from debris. These requirements present additional operational concerns for carriers, including the need to dispatch a separate vehicle to move the freight. In this regard, carriers have reported refused shipments and resulting claims for plastic film or sheeting that has been coloaded or has come in contact with potential contaminants. Therefore, it would be in keeping with CCSB policies and precedent to amend item by establishing classes based on whether or not the plastic film or sheeting is food or pharmaceutical grade, and on density 3. Plastic film or sheeting, other than food or pharmaceutical grade would be assigned one class higher than that called for by the average density of each density group due to the significant handling, stowability and liability considerations. Food or pharmaceutical grade plastic film or sheeting would be assigned two classes higher than that called for by the average density, as there are additional handling and stowability requirements and restrictions, and the carriers liability is greatly increased due to the risk of special damages associated with this type of plastic film or sheeting. The table below details the proposed classes. Density Group (pcf) Average Density (pcf) Class Based on CCSB Density Guidelines One-Class Adjustment Based on Handling, Stowability and Liability Considerations Two-Class Adjustment Based on Handling, Stowability and Liability Considerations Less than but less than or greater Note, item would be canceled and reestablished. Note, item would be canceled as having no further application. 3 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 5, Page 8 of 9

41 SUBJECT 5 Furthermore, it is proposed to add two new Notes. The first Note would provide additional packaging requirements for plastic film or sheeting. The second Note would provide a definition of food or pharmaceutical grade plastic film or sheeting and would require shippers to give notice of the special nature of this freight to the carrier at time of shipment. With respect to commodities that exhibit less-than-favorable handling, stowability or liability characteristics, classification precedent has been to assign classes higher than what would generally be called for under the density guidelines. An example of such an approach can be found in Docket , Subject 7 (September 2012) involving fiber optic cable, as named in item In that instance, the CCSB approved provisions for cable based on whether or not cut to specified length, and on density; wherein fiber optic cable not cut to specified length was assigned one class higher than that called for under CCSB density guidelines, while fiber optic cable cut to specified length was assigned two classes higher than that called for under CCSB density guidelines, in view of their respective negative handling, stowing and liability characteristics. The provisions first appeared in Supplement 4 to NMF 100- AL, effective December 1, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. Subject 5, Page 9 of 9

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43 SUBJECT 6 Re: Paper Shredders Item CCSB Contact: Matthew S. Erim Telephone (703) erim@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item Paper Shredders, in boxes or crates Proposed Classification Provisions Item Description Class MACHINERY GROUP: subject to item Paper Shredders, see Note, item 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 6 but less than Sub 3 10 or greater NEW NOTE Also applies on paper shredders capable of shredding other articles such as optical discs or plastic payment cards. Analysis Research Project 1234 Research Project 1234 was initiated in August 2014 in response to interpretative issues involving paper shredders and information indicating that the current class 92.5 may no longer be reflective of the transportation characteristics of these products. As part of the research, 116 potential manufacturers or shippers of paper shredders, and six associations believed to represent those companies, were sent questionnaires in September 2014, and for those that did not respond, again in November 2014, inviting them to participate in the research. From those mailings, five companies responded that they do not manufacture or ship paper shredders, one company indicated that they do not ship these products LTL, and four companies provided information. No responses were received from the associations contacted. Subject 6, Page 1 of 4

44 SUBJECT 6 History of Provisions Item was established as a result of action taken on Docket , Subject 15 (May 2003). Information from that proposal indicated a range in density from 6.66 to pcf and an average density of pcf. No unusual handling, stowability or liability characteristics were identified. That proposal was approved as docketed, and the item was first published in Supplement 5 to NMF 100-AC, effective July 26, The provisions have remained unchanged to the present. About Paper Shredders A paper shredder is a mechanical device used to cut paper into strips or fine particles 1. Many of these devices are also capable of shredding other articles such as optical discs or plastic payment cards. They are typically made of plastic or metal and can range in size from small, under-desk units to larger industrial shredders. Examples of paper shredders are shown below. Transportation Characteristics Density The information of record includes 7,854 density observations submitted by shippers and carriers, observed during CCSB dock surveys and obtained from the CCSB s Density Study 2. The densities range from 1.62 to pcf, with an average density of 8.13 pcf. The frequency distribution on the following page shows the densities are distributed throughout the range. The data can be divided into three density groupings of less than 6 pcf, 6 but less than 10 pcf, and 10 pcf or greater (accessed October 2015) 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 6, Page 2 of 4

45 SUBJECT 6 Frequency Distribution % of Figures in Interval 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% 0.00% 0.09% 22.00% 20.16% 18.05% 13.89% 9.26% 8.96% 5.60% 1.27% 0.71% Density Intervals (pcf) When the data is evaluated on the basis of the three proposed density groupings, the following ranges and averages are calculated. Density Group (pcf) Density Range (pcf) Average Density (pcf) Percentage of Figures in Group Less than % 6 but less than % 10 or greater % Handling and Stowability The information of record indicates that paper shredders are generally shipped in boxes securely fastened to lift truck skids or pallets, or in crates. There have been no reports of unusual or significant handling or stowability characteristics. Liability The involved products 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 $6.25 to $12.86, with an average of $8.53 per pound. There is no indication of an unusual claims issue. Subject 6, Page 3 of 4

46 SUBJECT 6 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. The CCSB has received interpretation inquiries regarding the applicable provisions for paper shredders that also have the capability of shredding other articles such as optical discs or plastic payment cards. This proposal would address the interpretation issue by establishing a new Note to clarify that the item also applies on paper shredders than can shred other articles. CCSB policies also call for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. The information of record for paper shredders shows that these products have a density range from 1.62 to pcf, with an average density of 8.13 pcf, and no unusual or significant handling, stowability or liability characteristics. Under CCSB guidelines, an average density of 8.13 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. Accordingly, this proposal would establish classes based on three density groups of less than 6 pcf, 6 but less than 10 pcf, and 10 pcf or greater 3, with classes reflective of the average density of each grouping. 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 Precedent for this approach can be found in Docket , Subject 5 (October 2009), involving floor polishers or scrubbers, or carpet or upholstery cleaners or extractors, as named in item Density was determined to be the primary transportation characteristic since there were no significant negative handling, stowability or liability concerns reported. Two density breaks at 6 pcf and 10 pcf were proposed to provide a more accurate representation of the identified density range. That proposal was approved as modified, and the provisions first appeared in Supplement 5 to NMF 100-AI, effective January 9, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. 3 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 6, Page 4 of 4

47 SUBJECT 7 Re: Bathroom Scales, floor standing type, without posts or standards Item CCSB Contact: Shannon C. Allard Telephone (703) allard@nmfta.org Keith L. Charles, Jr. (703) charles@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class HOUSEHOLD UTENSILS GROUP: subject to item Bathroom Scales, floor standing type, without posts or standards, in boxes Proposed Classification Provisions Item Description Class HOUSEHOLD UTENSILS GROUP: subject to item Bathroom Scales, floor standing type, without posts or standards, in boxes Analysis Research Project 1252 This proposal is based on information developed through Research Project 1252, which was initiated in April of 2015 to investigate the transportation characteristics of bathroom scales, as named in item During the course of Research Project 1252, questionnaires were mailed to 122 potential manufacturers or shippers of bathroom scales, along with three trade associations believed to represent those companies in May of 2015, and for those that did not respond, again in July of 2015 inviting them to participate in the research. From those mailings, three companies indicated they do not manufacture or ship the involved products, and one company provided information. No responses were received from the associations contacted. History of Provisions The provisions for bathroom scales were established as a result of action taken on Docket 95, Subject 9 (September 1960). Information on that record indicates densities ranging from to pcf, and a range in value per pound from $0.28 to $0.64 (in 1960 dollars). That proposal was approved as modified, and the provisions first appeared in Supplement 6 to NMFC A-5, effective March 16, The provisions have remained substantially unchanged to the present. Subject 7, Page 1 of 3

48 SUBJECT 7 About Bathroom Scales A bathroom scale is an appliance used to measure and display a person s body weight. It may also be used to calculate body mass index, total body fat, and water ratio. Bathroom scales are available in a variety of materials (plastic, stainless steel, glass, etc.) and decorative style selections (rounded, squared, etc.) Examples of the involved products are shown below. Transportation Characteristics Density The information of record includes 1,680 density observations obtained from a shipper and a carrier, observed firsthand on CCSB Dock Surveys and obtained from the CCSB s Density Study 1. The products range in density from 2.20 to pcf, with an average of pcf. The frequency distribution below shows that almost 74% of the figures fall between 8 and 15 pcf. Frequency Distribution % of Figures in Interval 50.00% 40.00% 30.00% 20.00% 10.00% 0.00% 49.94% 13.75% 10.89% 0.00% 0.00% 1.79% 4.70% 7.20%10.18% 1.31% 0.24% Density Intervals (pcf) 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

49 SUBJECT 7 Handling and Stowability The information available relating to packaging indicates that bathroom scales 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 Bathroom scales 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. A single value per pound of $1.13 was reported. 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 bathroom scales range in density from 2.20 to pcf, with an average density of pcf, and no unusual or significant handling, stowability or liability characteristics. As shown in the frequency distribution on page 2, the preponderance of density figures are concentrated within a narrow range around the overall average. An average density of pcf is generally associated with class 92.5 under CCSB density guidelines, which call for a minimum average density of 10.5 pcf. This proposal would assign class 92.5 to item in lieu of the current class 70. 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 bathroom scales, 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 changes 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 7, Page 3 of 3

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51 SUBJECT 8 Re: Heat Exchangers, NOI Item CCSB Contact: Nathan D. Ripke Telephone (703) ripke@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item Heat Exchangers, NOI, in boxes or crates, or wrapped in corrugated fiberboard on skids or pallets, see Note, item NOTE Heat exchangers, other than those having stainless steel outer jackets, weighing not less than 3,000 pounds may be shipped on skids. Proposed Classification Provisions Item Description Class Sub 1 MACHINERY GROUP: subject to item Heat Exchangers, NOI: In boxes or crates, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 6 but less than Sub 4 12 or greater Sub 5 In packages other than boxes or crates, subject to Item 170 and having a density in pounds per cubic foot of: Sub 6 Less than Sub 7 6 but less than Sub 8 12 or greater NOTE Cancel; no further application. Analysis Research Project 1247 This proposal is based on information developed through Research Project 1247 on heat exchangers as named in item The project was initiated in January 2015 based on density reports indicating that the currently assigned class 85 may be inconsistent with the products transportation characteristics. In conjunction with the project, 328 potential manufacturers or shippers of the involved products and 26 associations believed to represent those companies were sent questionnaires in July 2015, and for those that did not respond, again in October 2015 inviting them to participate in the research. From those mailings, usable information was received from six companies; four companies responded but did not provide usable data; and nine reported Subject 8, Page 1 of 5

52 SUBJECT 8 that they do not manufacture or ship these products. Of the associations contacted, four responded and indicated that their memberships are not involved with the products. One association contacted the CCSB about the research project, but did not provide data. No responses were received from the remaining associations. History of Provisions Provisions for heat exchangers were adopted from the rails in 1936 at a rating equivalent to the current class 85, although over the years there have been descriptive changes and packaging amendments. About Heat Exchangers A heat exchanger is a device that allows heat from a fluid to pass to a second fluid without the two fluids having to mix together or come into direct contact 1. Heat exchangers are used in a wide range of industries, and the design and structure may vary depending on the application and intended use. The two most common types of heat exchanger are the shell-and-tube and plate-and-fin. It should be noted that some heat exchangers, such as air conditioners and radiators, are named elsewhere in the Classification and are not included in this proposal. Transportation Characteristics Density The information of record includes 24,547 density observations submitted by shippers and carriers, observed firsthand on CCSB dock surveys and gathered from the CCSB s Density Study 2. The densities range from 0.60 to pcf, with an average of pcf. As the frequency distribution on the following page shows, the densities are distributed throughout the range. The data can be divided into three density groupings of less than 6 pcf, 6 but less than 12 pcf, and 12 pcf or greater. 1 (accessed November 2015) 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 8, Page 2 of 5

53 SUBJECT 8 Frequency Distribution % of Figures in Interval 20.00% 15.00% 10.00% 5.00% 0.00% 0.01% 0.10% 4.35% 11.63% 8.70% 15.68% 11.73% 17.41% 16.38% 7.41% 6.60% Density Intervals (pcf) When the data is evaluated on the basis of the three proposed density groupings, the following ranges and averages are calculated. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater Handling Heat exchangers are tendered for shipment in boxes unitized on lift truck skids or pallets, in crates, or secured on lift truck skids or pallets. Due to their size, weight and configuration, heat exchangers will be handled with mechanical equipment. Many handling units have been reported to include precautionary markings or shipper instructions such as "This Side Up, Fragile, and/or Handle with Care. Subject 8, Page 3 of 5

54 SUBJECT 8 Stowability When heat exchangers are tendered in boxes or crates, a flat load-bearing surface will generally be present for loading other freight on top, and there will typically be lateral support for adjacent freight, resulting in a greater ability to readily structure a load and enabling better utilization of available vehicle space. When tendered in packages other than boxes or crates, as shown in the photos below, some negative stowability considerations have been identified. These heat exchangers may lack a regular load-bearing surface for top freight, and precautionary markings or shipper instructions are often present, including Do Not Stack. Also, when placing the article inside the vehicle, the lack of packaging will limit the type of freight that can be safely stowed adjacent to it. This can result 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 As is the case with most general commodities, when tendered for shipment fully enclosed within a box or crate, heat exchangers should not be unusually susceptible to damage, nor likely to damage other freight with which transported. When tendered in packages other than boxes or crates, with little or no protective packaging, however, these products may exhibit a greater susceptibility to damage, and may have exposed edges or protrusions that can puncture or otherwise damage adjacent freight. One carrier reported five damage claims on heat exchangers since January 2014, approximately $ per claim. Six responding shippers reported a range of zero to 15 claims annually on the involved commodities. Value per pound ranges from $3.33 to $19.39, with an average of $8.19 per pound. The remaining liability elements do not significantly affect the transportability of these products. Subject 8, Page 4 of 5

55 SUBJECT 8 Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to reflect a commodity s known transportation characteristics. Information of record indicates that the involved articles range in density from 0.60 to pcf, with an average of pcf. CCSB policy states that where commodities or commodity groups exhibit a wide density range not accurately reflected by a single, overall average density, they may be assigned density-based classes. However, in this instance research has identified significant negative handling, stowability and liability characteristics that must also be considered, in accordance with CCSB policies. These have been detailed in this analysis and include such factors as the need for additional care and attention in handling, the inability or additional care and equipment (e.g., load decks and dunnage) necessary to stack top freight or load adjacent freight, and the inherent risk of damage, particularly when not adequately packaged or protected from the normal rigors of the LTL transportation environment. However, these issues can be mitigated when the articles are shipped in boxes or crates. The following table relates the information of record to the proposed density groupings and CCSB guidelines for the proposed classes when tendered in boxes or crates, and the oneclass adjustment for when the articles are tendered in packages other than boxes or crates. Density Group (pcf) Average Density (pcf) CCSB Density Guideline (pcf) Class Based on CCSB Density Guidelines One-Class Adjustment for Handling, Stowability and Liability Considerations Less than but less than or greater Based on the information of record, it would be in keeping with CCSB policy and precedent to establish classes based on packaging and density 3, as proposed. Such an approach would provide a means for addressing both the density range, as well as the respective handling, stowability and liability characteristics. Note, item would be canceled as having no further application. A similar approach was taken on Subject 4 of Docket (June 2009) involving engine cooling radiators, as described in item Density was determined to be the primary transportation characteristic when those products were shipped in boxes or crates. When tendered in packages other than boxes or crates, the articles presented additional handling, stowability and liability concerns. Accordingly, classes were assigned predicated on packaging and density, assigning one class higher for radiators tendered for shipment in packages other than boxes or crates. That proposal was approved as docketed, and the provisions first appeared in Supplement 3 to NMF 100-AI, effective August 22, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. 3 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 8, Page 5 of 5

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57 SUBJECT 9 Re: Air or Smoke Duct or Flues, other than flexible, or Fittings therefor, metal 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 Duct (Smoke Flues), aluminum pipe combined with asbestos-cement pipe, doublewall, with or without fittings, in packages Pipe or Duct (Air or Smoke Flues), other than flexible, see Note, item 51751, or Pipe or Duct Elbows, heating furnace, stove, water heater, air conditioning or cooling or exhaust system, sheet iron or steel or tin plate, see Notes, items and 51593: Sub 1 Doublewall: Sub 2 In bundles Sub 3 In boxes or crates Sub 4 Singlewall: Sub 5 Side seams closed, in packages: Sub 6 Not nested Sub 7 Nested Sub 8 Side seams not closed, nested, see Notes, items and 51596, in packages NOTE Also applies on angles, collars, cowls, off-sets, shoes, or stackheads NOTE Also applies on pipe or duct covered or lined with other materials NOTE Not more than two elbows each adjusted to 180 degrees may be included within each nest NOTE Also applies on steel vane support material Pipe or Duct (Air or Smoke Flues), other than flexible, see Note, item 51751, or Pipe or Duct Elbows, heating furnace, stove, water heater, air conditioning or cooling or exhaust system: Sub 1 Aluminum: Sub 2 Single or doublewall: Sub 3 Side seams closed, see Note, item 51632; or side seams not closed, in nests of less than 12, in packages Sub 4 Side seams not closed, in nests of 12 or more, in packages Sub 5 KD flat, in packages Sub 6 Aluminum and steel combined: Sub 7 Doublewall, see Notes, items and 51634, in boxes or crates Sub 8 Glass fiber, with binder, not glass fiber reinforced plastic, with or without coating or covering of other materials NOTE Also applies on register boxes, take-offs, boots, plenum chambers, draw bands, adapters, couplers, thimbles, tees, caps, increasers or reducers NOTE Applies only when one wall is steel and the other aluminum. Subject 9, Page 1 of 7

58 SUBJECT 9 Present Classification Provisions Concluded Item Description Class CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item NOTE The term 'flexible' is descriptive of pipe or duct which may withstand a bend of 180º and return to original shape without deterioration of the wall structure Pipe or Duct (Air or Smoke Flues), concentric, heating furnace, air conditioning or cooling or exhaust system, sheet iron or steel, KD flat, in boxes or crates Proposed Classification Provisions Item Description Class CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item A-NEW Duct or Flues, air or smoke, other than flexible, see Note, item B-NEW; or Fittings therefor, NOI; metal, with or without components of other materials: Sub 1 In boxes or crates, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 4 but less than Sub 4 8 or greater Sub 5 In packages other than boxes or crates, subject to Item 170 and having a density in pounds per cubic foot of: Sub 6 Less than Sub 7 4 but less than Sub 8 8 or greater B-NEW NOTE The term 'flexible' is descriptive of duct or flues that can withstand a bend of 180 degrees and return to original shape without deterioration of the wall structure Pipe or Duct (Smoke Flues), aluminum pipe combined with asbestos-cement pipe, doublewall, with or without fittings, etc... Cancel; see item A-NEW Pipe or Duct (Air or Smoke Flues), other than flexible, see Note, item 51751, or Pipe or Duct Elbows, heating furnace, stove, water heater, air conditioning or cooling or exhaust system, sheet iron or steel or tin plate, etc... Cancel; see item A-NEW NOTE Cancel; no further application NOTE Cancel; no further application NOTE Cancel; no further application NOTE Cancel; no further application. Subject 9, Page 2 of 7

59 SUBJECT 9 Proposed Classification Provisions Concluded Item Description Class CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item Pipe or Duct (Air or Smoke Flues), other than flexible, see Note, item 51751, or Pipe or Duct Elbows, heating furnace, stove, water heater, air conditioning or cooling or exhaust system, etc... Cancel; see item A-NEW NOTE Cancel; no further application NOTE Cancel; no further application NOTE Cancel; see item B-NEW Pipe or Duct (Air or Smoke Flues), concentric, heating furnace, air conditioning or cooling or exhaust system, sheet iron or steel, KD flat, etc... Cancel; see item A-NEW Analysis Research Project 1209 This proposal is based on information developed through Research Project 1209 on air or smoke duct or flues, or related components or fittings, other than earthen and other than flexible. The project was initiated in October of 2013 in response to density reports indicating that the assigned classes are inconsistent with the products transportation characteristics. Moreover, the provisions are cumbersome, and over the years have been the source of interpretation inquiries. Hereinafter these products will be referred to as air or smoke duct or flues. In conjunction with the project, 273 potential manufacturers or shippers of the involved products and 16 associations believed to represent those companies were sent questionnaires in November 2013, and for those that did not respond, again in January 2014 inviting them to participate in the research. From those mailings, usable information was received from six companies; four companies responded but did not provide usable data; and four reported that they do not manufacture or ship these products. Of the associations contacted, four responded and indicated that their memberships are not involved with the products. No responses were received from the remaining associations. History of Provisions Item was adopted from the rails in 1936, item was established in 1954, item was established in 1956 and item was established in There have been no class changes to either item or item since 1956, and there have been no descriptive changes (including Notes) since Items and have remained substantially unchanged since their establishment. Subject 9, Page 3 of 7

60 SUBJECT 9 About Air or Smoke Duct or Flues Ducts are used in a building s heating, ventilation and air conditioning (HVAC) system to distribute and exhaust air. A flue is a type of duct within a chimney to remove gases from a fireplace, furnace, water heater, boiler, or generator to the outdoors 1. There are a variety of fittings, including, but not limited to, angles, collars, cowls, off-sets and shoes, which are used to connect and/or change the direction or amount of flow through the air or smoke duct or flues. Shipments of Air or Smoke Duct or Flues As shown in the photos below, air or smoke duct or flues may be tendered fully enclosed in boxes or crates. However, they are often secured on lift truck skids or pallets, partially wrapped in fiberboard and/or plastic film, or with little or no protective packaging. Transportation Characteristics Density The information of record includes 5,872 density observations submitted by shippers and carriers, observed firsthand on CCSB dock surveys and gathered from the CCSB s Density Study 2. The densities range from 0.26 to pcf, with an average of 5.76 pcf. As the frequency distribution on the following page shows, the densities are distributed throughout the range. The data can be divided into three density groupings of less than 4 pcf, 4 but less than 8 pcf, and 8 pcf or greater. 1 (accessed April 2015) 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 9, Page 4 of 7

61 SUBJECT 9 Frequency Distribution % of Figures in Interval 50.00% 40.00% 30.00% 20.00% 10.00% 0.00% 40.48% 25.19% 10.05% 10.13% 3.34% 0.58% 2.50% 1.75% 2.25% 1.91% 1.82% Density Intervals (pcf) When the data is evaluated on the basis of the three proposed density groupings, the following ranges and averages are calculated. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater Handling When tendered in crates or secured on lift truck skids or pallets, boxed or other than boxed, air or smoke duct or flues will permit handling with mechanical equipment. These products may be susceptible to damage, such as denting, due to their inherent fragile nature. Extra care and attention is necessary when handling air or smoke duct or flues that are tendered with little or no protective packaging. Stowability Articles tendered fully enclosed in boxes or crates will generally have a flat loadbearing surface for loading other freight on top, and there will typically be lateral support for adjacent freight, resulting in a greater ability for the carrier to readily structure a load and enabling better utilization of available vehicle space. When air or smoke duct or flues are tendered in packages other than boxes or crates, some negative stowability considerations have been identified. As shown in the examples on page 4, those handling units generally do not provide a flat load-bearing surface for the stowing of other freight on top. They may also lack lateral support for freight loaded adjacent to them in the vehicle. With little to no protective packaging, these articles, which are inherently fragile, are more liable to damage. This lack of protection can limit the type of freight that may safely be loaded adjacent to them, resulting in increased time on the part of Subject 9, Page 5 of 7

62 SUBJECT 9 the carrier to properly structure the load, including the use of load decks and/or dunnage, to minimize the potential for damage. Liability When these products are tendered fully enclosed in boxes or crates, they will be afforded greater protection against damage than when not so tendered. When tendered in packages other than boxes or crates, the involved articles are often exposed to surrounding freight, increasing the risk of damage during transit to both the article and adjacent freight. However, there is no indication of a claims problem. The value per pound ranges from $0.35 to $20.00, with an average of $3.94 per pound. Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to be as clear as possible to help preclude interpretation disputes. The present provisions assign various classes based on material and form of construction, as well as form of shipment. Carriers are not always able to identify the correct NMFC item that should be applied. Therefore, it would be in keeping with CCSB policies to cancel items 51580, 51590, and with reference to a new item, naming Duct or Flues, air or smoke, other than flexible; or Fittings therefor, NOI; metal, with or without components of other materials, subordinate to the Conduits, Other Than Earthen, Group, in the interest of clarification and simplification. CCSB policy also calls for classification provisions to reflect a commodity s known transportation characteristics. Information of record indicates that the involved articles range in density from 0.26 to pcf, with an average of 5.76 pcf. CCSB policy provides that where commodities or commodity groups exhibit a wide density range not accurately reflected by a single, overall average density, they may be assigned density-based classes. However, in this instance research has identified significant negative handling, stowability and liability characteristics that must also be considered, in accordance with CCSB policies. These have been detailed in this analysis and include such factors as the need for additional care and attention in handling, the inability or additional care and equipment necessary to stack top freight or load adjacent freight, and the inherent risk of damage, particularly when not adequately packaged or protected. However, these issues can be mitigated when the articles are shipped in boxes or crates. The following table relates the information of record to the proposed density groupings and CCSB guidelines for the proposed classes when tendered in boxes or crates, and the oneclass adjustment for when the articles are tendered in packages other than boxes or crates. Density Group (pcf) Average Density (pcf) CCSB Density Guideline (pcf) Class Based on CCSB Density Guidelines One-Class Adjustment Based on Handling, Stowability and Liability Considerations Less than but less than or greater Subject 9, Page 6 of 7

63 SUBJECT 9 In view of the information of record, it would be in keeping with CCSB policy and precedent to establish classes based on packaging and density, as proposed 3. Such an approach would provide a means for addressing both the density range, as well as the respective handling, stowing and liability characteristics. Note, item would be canceled with reference to a new Note subordinate to the new item. Notes, items 51592, 51593, 51594, 51596, and would be canceled as having no further application. A similar approach was taken on Subject 1 of Docket (May 2014), involving items and for air coolers or air conditioners, heat pumps, air handlers, or refrigeration evaporators or condensers. Item was canceled with reference to item , which was concurrently amended to provide classes based on packaging and density. Density was determined to be the primary transportation characteristic when those products were shipped in boxes, crates or Packages 2475 or When tendered in other packages, the articles presented additional handling, stowing and liability concerns. Accordingly, classes were predicated on packaging and density, assigning one class higher for air coolers or air conditioners, heat pumps, air handlers, or refrigeration evaporators or condensers tendered for shipment in packages other than boxes, crates or Packages 2475 or That proposal was approved as modified, and the provisions first appeared in Supplement 4 to NMF 100-AN, effective September 27, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. 3 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 9, Page 7 of 7

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65 SUBJECT 10 Re: Grease Traps or Interceptors, plastic CCSB Contact: Matthew S. Erim Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class PLASTIC OR RUBBER ARTICLES, OTHER THAN EXPANDED, GROUP: subject to item Articles, viz.: Articles, NOI; [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. THIS SPACE INTENTIONALLY LEFT BLANK Subject 10, Page 1 of 6

66 SUBJECT 10 Present Classification Provisions Concluded Item Description Class PLUMBERS GOODS GROUP: subject to item Plumbers Goods, viz.: Plumbers Goods, NOI; [Other Articles Listed Not Involved.] 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 Not Involved NOTE Not Involved NOTE Not Involved. Proposed Classification Provisions Item Description Class CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item NEW Traps or Interceptors, grease, plastic, see Note, item 52581, in packages * NOTE Applies on devices designed to intercept greases, fats and oils before they enter a wastewater disposal system. PLASTIC OR RUBBER ARTICLES, OTHER THAN EXPANDED, GROUP: subject to item Articles, viz.: Articles, NOI; [Other Articles Listed No Change.] In boxes, crates, drums or Packages 870, 1078, 1241, 1273, 1456, 2195, 2212, 2213, 2230 or 2459, see Note, item , etc... No Change NOTE No Change NOTE No Change NOTE No Change. Subject 10, Page 2 of 6

67 SUBJECT 10 Proposed Classification Provisions Concluded Item Description Class PLUMBERS GOODS GROUP: subject to item Plumbers Goods, viz.: Plumbers Goods, NOI; [Other Articles Listed No Change.] In boxes or crates, etc... No Change NOTE No Change NOTE No Change NOTE No Change. * Published in Supplement 5 to NMF 100-AO, issued on November 19, 2015 with an effective date of December 19, Analysis Research Project 1224 and Background of Proposal This proposal is based on information developed in connection with Research Project 1224, pertaining to grease traps or interceptors. The project was initiated in April 2014 in response to interpretative issues involving grease traps or interceptors, and information indicating transportation characteristics inconsistent with CCSB guidelines for the applicable classes. As part of the research, 86 potential manufacturers or shippers of grease traps or interceptors, and 11 associations believed to represent those companies, were sent questionnaires in April 2014, and for those that did not respond, again in June 2014 inviting them to participate in the research. An additional association was contacted as the CCSB was made aware of their potential interest. From those mailings, three companies responded that they do not manufacture or ship grease traps or interceptors, one company stated that they ship these commodities on their own fleet of trucks, and two companies provided information on metal grease traps or interceptors, but not on plastic. Of the associations contacted, two stated that they do not represent manufacturers or shippers of grease traps or interceptors, and one said they would forward the questionnaire to their members. No responses were received from the remaining associations. Subject 12 of Docket (September 2015) was a proposal to establish a specific item for grease traps or interceptors, with provisions based on the density of the handling unit as tendered to the carrier, as well as to make related changes to the descriptions of items and 52560, with no class change. An addendum to that proposal was prepared based on additional data received subsequent to the docketing of the proposal. Further evaluation of the data revealed that the material construction of these commodities has a significant impact on their transportation characteristics. In particular, it was found that metal products are typically more dense, with a wider range of densities, while plastic grease traps or interceptors are typically less dense, with a narrower range of densities. Acting on this information, the CCSB voted to modify that proposal by limiting the proposed provisions to Subject 10, Page 3 of 6

68 SUBJECT 10 metal grease traps or interceptors, and to continue research on plastic grease traps or interceptors. The changes first appeared in Supplement 5 to NMF 100-AO, effective December 19, Currently, the NMFC does not provide a specific item for plastic grease traps or interceptors, and as such, these products have been found to be classified in items and , as shown in the Present Classification Provisions. About Grease Traps or Interceptors Grease traps or interceptors are plumbing devices installed in waste lines, which are designed to intercept most greases, fats and oils before they enter a wastewater disposal system 1. They can be made from a variety of materials such as plastic, iron, steel or concrete, and can range in size from small in-kitchen units to larger in-ground traps. Examples of plastic grease traps or interceptors are below. Transportation Characteristics Density The information of record on plastic grease traps or interceptors includes 30 density observations found during CCSB dock surveys and obtained from the CCSB s Density Study 2. The densities range from 2.58 to 6.38 pcf, with an average density of 3.93 pcf. The frequency distribution is shown on the following page. 1 (accessed November 2015) 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 10, Page 4 of 6

69 SUBJECT 10 Frequency Distribution % of Figures in Interval 80.00% 60.00% 40.00% 20.00% 0.00% 63.33% 33.33% 0.00% 0.00% 3.33% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Density Intervals (pcf) Handling and Stowability Plastic grease traps or interceptors are shipped in boxes secured to lift truck skids or pallets. Larger products may be shipped strapped on lift truck skids or pallets. There have been no reports of unusual or significant handling or stowability characteristics. Liability The involved products 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 and carriers indicate minimal to no claims on the involved products. No information was received on the value per pound of these commodities. 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. There is no NMFC item that specifically names plastic grease traps or interceptors, creating interpretive issues. As such, to address this issue, it would be within CCSB policy to establish a new item under the Conduits, Other Than Earthen, Group for Traps or Interceptors, grease, plastic. CCSB policies also call for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. The information of record for plastic grease traps or interceptors shows these products have a density range from 2.58 to 6.38 pcf, with an average density of 3.93 pcf, and no unusual or significant handling, stowability or liability characteristics. Under CCSB guidelines, an average density of 3.93 pcf is generally associated with class 250, which calls for a minimum average density of 3 pcf. Accordingly, this proposal would assign class 250 to the new item. Subject 10, Page 5 of 6

70 SUBJECT 10 Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and guidelines. Subject 10, Page 6 of 6

71 SUBJECT 11 Re: Cookies or Crackers CCSB Contact: Allison L. Austin Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FOODSTUFFS GROUP: subject to item Bakery Goods, other than frozen, viz.: Bagels; Bakery Goods, NOI; Biscuits; Bread, Buns or Rolls, NOI; Cakes, NOI, including Cheesecakes or Cupcakes; Doughnuts (Donuts); Muffins, including English Muffins; Pastries; Pies or Tarts; In boxes or Packages 128, 1000, 1400, 2404, 2414 or 2428, 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 Cookies or Crackers, NOI, in boxes or Packages 128, 1000, 1400, 2387, 2404, 2414, 2416 or 2428, subject to Item 170 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 or greater Cookies or Crackers, sandwich, consisting of two or more cookies or crackers with filling, see Note, item 72744, in boxes or Packages 128, 301, 1000, 1400, 2387, 2404, 2414 or Subject 11, Page 1 of 8

72 SUBJECT 11 Present Classification Provisions Concluded Item Description Class FOODSTUFFS GROUP: subject to item NOTE Class 70 will also apply when cookies or crackers, other than sandwich cookies or crackers, are shipped with sandwich cookies or crackers on the same pallet, with the entire unit stretch wrapped to the pallet and having an actual density of 15 pounds or greater per cubic foot. The weight of the sandwich cookies or crackers per pallet must be 50 percent or greater Snack Foods, flavored or not flavored, viz.: Crisps, NOI, see Note, item 74801; [Other Articles Listed Not Involved.] In boxes, drums or Packages 1000, 2387 or 2416, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Subs 1-11 Not Involved NOTE Crisps represented and sold as crackers are classified as crackers per item 72742, Crackers, NOI, or 72743, Crackers, sandwich, as the case may be. Proposed Classification Provisions Item Description Class FOODSTUFFS GROUP: subject to item Bakery Goods, other than frozen, viz.: Cookies or Crackers, NOI, also in Packages 301, 2387 or 2416; [Other Articles Listed No Change.] In boxes or Packages 128, 1000, 1400, 2404, 2414 or 2428, 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 Cookies or Crackers, NOI, etc.... Cancel; see item Cookies or Crackers, sandwich, consisting of two or more cookies or crackers with filling, etc.... Cancel; see item Subject 11, Page 2 of 8

73 SUBJECT 11 Proposed Classification Provisions Concluded Item Description Class FOODSTUFFS GROUP: subject to item NOTE Cancel; no further application Snack Foods, flavored or not flavored, viz.: Crisps, NOI, see Note, item 74801; [Other Articles Listed No Change.] In boxes, drums or Packages 1000, 2387 or 2416, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Subs 1-11 No Change NOTE Crisps represented and sold as crackers are classified as crackers per item 72040, Crackers, NOI. Analysis Research Project 1235 This proposal is based on information developed through Research Project 1235, which was initiated in September 2014 to review the transportation characteristics of cookies or crackers. As part of the research, 149 potential manufacturers or shippers of cookies or crackers, and seven trade associations believed to represent those companies, were sent commodity questionnaires in November 2014, and for non-respondents, again in January 2015, inviting them to participate in the research. From this sampling, one company responded that they did not manufacture or ship the involved articles, three responded affirmatively but did not provide information, and ten companies provided usable information. One association forwarded the questionnaire to its members. No responses were received from the remaining associations. History of Provisions Docket 972, Subject 17 (April 1997) was a proposal to amend the full-scale density provisions of what is now item 74800, to specifically name crackers. At the time, while not named in the Classification, crackers were generally classified under the provisions of item 72040, which provided for Bakery Goods, NOI, at class 70. Information on that record indicated that crackers exhibited both a wide range in densities from 3.58 to pcf and an average density of pcf, inconsistent with density guidelines for class 70, which calls for a minimum average density of 15 pcf. There was no evidence of handling, stowability or liability problems, with an average value of $1.09 per pound (in 1997 dollars). The proposal was opposed by the Biscuit and Cracker Manufacturers Association (BCMA). BCMA requested both additional time to submit a counterproposal and for the proposed amendments in Subject 17 be relisted 1 to allow the two proposals to be considered simultaneously. In response to the request, the proposal was disapproved. 1 Docket 974, Subject 16 (August 1997) Subject 11, Page 3 of 8

74 SUBJECT 11 On Docket 974, Subject 15 (August 1997), BCMA proposed establishing two new items for crackers. One item (72742) would provide a modified density scale ranging from class 125 to class 400 for crackers having a density of less than 8 pcf, and class 85 for crackers with densities of 8 pcf or greater. Information supplied by BCMA showed a density range from 5.10 to pcf, with an average density of pcf for crackers, other than sandwich crackers. The second item (72743) would assign a single class 70 for sandwich crackers, based on information submitted by BCMA indicating an average density of pcf. A new Note (item 72744) would also be established addressing the classification of mixed pallet loads of sandwich crackers with other types of crackers. That proposal was approved as modified, the result of a compromise, and the provisions first appeared in Supplement 2 to NMF 100-X, effective October 18, As a result of action taken on Docket , Subject 4 (November 2003), items and and attendant Note, item were amended to also apply on cookies 2. The changes first appeared in Supplement 1 to NMF 100-AD, effective January 24, The provisions have remained unchanged to the present. About Cookies or Crackers The involved commodities are typically sweet or savory baked goods. They may contain fillings such as sweet crème or peanut butter. Examples of a variety of cookies or crackers are shown below. 2 Information on that record showed that cookies possessed similar transportation characteristics to crackers. Cookies ranged in density from 4.38 to pcf. Sandwich cookies were revealed to have an average density of pcf, whereas other than sandwich cookies had an average density of 8.98 pcf. Subject 11, Page 4 of 8

75 SUBJECT 11 Transportation Characteristics Density Overall, the information of record includes 21,807 density observations submitted by shippers and carriers, collected during CCSB dock surveys and obtained from the CCSB s Density Study 3. The products range in density from 0.26 to pcf, with an average density of 9.91 pcf. The frequency distribution below shows that the densities are distributed throughout the range. % of Figures in Interval 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% 0.18% 0.23% Overall Frequency Distribution 4.84% 9.30% 24.56% 19.11% 20.85% 10.87% 7.74% 1.66% 0.65% Density Intervals (pcf) When the data is evaluated by item, cookies or crackers reported to be moving under item were found to range in density from 0.26 to pcf, with an average density of 9.74 pcf. The frequency distribution is shown on the following page. 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 11, Page 5 of 8

76 SUBJECT 11 Frequency Distribution for Item % of Figures in Interval 30.00% 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% 0.20% 0.26% 9.75% 5.34% 25.57% 18.69% 20.69% 10.31% 7.03% 1.49% 0.67% Density Intervals (pcf) Products reported to be moving under item were found to range in density from 2.40 to pcf, with an average density of pcf. The frequency distribution is shown below. Frequency Distribution for Item % of Figures in Interval 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% 22.66% 22.22% 15.91% 15.69% 13.85% 5.48% 3.16% 0.00% 0.00% 0.57% 0.48% Density Intervals (pcf) Subject 11, Page 6 of 8

77 SUBJECT 11 Handling and Stowability Cookies or crackers are typically tendered in fiberboard boxes on lift truck skids or pallets, although some are shipped in fiberboard trays on lift truck skids or pallets. The handling units may include instructions or precautionary markings such as Do Not Stack, Fragile, or Handle with Care. Carriers should be mindful not to load heavy freight on top, which could crush the involved products. As with other food, care must also be taken to avoid stowing cookies or crackers with hazardous materials or other freight that may pose a contamination risk. However, no significant handling or stowability issues have been reported. Liability Cookies or crackers are not likely to damage other freight, but they may be damaged by freight with which stowed or by the elements. Some of the involved products, especially those containing chocolate, may be sensitive to extreme temperatures. As with other foodstuffs, these products require extra care or attention to avoid contamination. However, responding shippers report zero to 24 claims annually, and there have been no indications from carriers of a claims issue. Value per pound ranges from $2.31 to $11.25, with an average value of $5.20 per pound. Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to reflect a commodity s known transportation characteristics. CCSB policy further states that commodities exhibiting a wide range in density not accurately reflected by a single overall average density may be assigned density-based classes; especially where there are no unusual or significant handling, stowability or liability characteristics and where there is no other feasible means of effectively narrowing the range. Information of record indicates that cookies or crackers range in density from 0.26 to pcf, with an overall average density of 9.91 pcf. Similar to other foodstuffs, while there are some handling, stowability and liability concerns inherent when shipping cookies or crackers, they do not appear to significantly impact the transportability of these products. When analyzing items and independently, as shown on pages 5 and 6, the frequency distributions are generally comparable, with densities distributed throughout the respective ranges. Cookies or crackers moving under item exhibit a range in density from 0.26 to pcf, for an average of 9.74 pcf. However, the present structure of item provides only a modified density scale, which does not reflect the broad range of densities associated with these commodities. Additionally, item has an average density of pcf, inconsistent with the currently assigned class 70, which under CCSB density guidelines, calls for a minimum average density of 15 pcf. Moreover, class 70 also does not reflect the broad range of densities exhibited, from 2.40 to pcf. Subject 11, Page 7 of 8

78 SUBJECT 11 This proposal would cancel the provisions of items and with reference to item where classes are predicated on the CCSB s standard 11-subprovision density progression 4. Concurrently, item would be amended to add a listing for Cookies or Crackers, NOI. Note, item would be canceled with no further application. The new listing in item would reference currently authorized Packages 301, 2387 and All other currently authorized numbered packages are provided for in item and, accordingly, would be maintained. Note, item would also be amended to reference item A similar approach was taken on Docket , Subject 1 (September 2012) involving nonwoven cloth or fabric, as named in item Provisions for nonwoven cloth or fabric were structured similarly to those of cookies or crackers 5. Information on that record indicated that commodities moving under item ranged in density from 2.85 to pcf, with an average density of pcf. Nonwoven cloth or fabric moving under then item ranged in density from 0.19 to pcf, with an average of 6.45 pcf. The densities were distributed throughout the range, and there were no unusual or significant handling, stowability or liability concerns reported. As such, the provisions were consolidated, and item was amended to provide the CCSB s standard 11-subprovision density scale. That proposal was approved as docketed, and the provisions first appeared in Supplement 4 to NMF 100-AL, effective December 1, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. 4 The CCSB s standard 11-subprovision density scale includes reference to Item (Rule) 170, the inadvertence clause, and Item (Rule) 171, the bumping privilege. 5 Item provided for nonwoven cloth or fabric at a single class 77.5 for product shipments having a density of 8 pcf or more. Former item provided a modified density scale ranging from class 125 to class 400 for product shipments having a density of less than 8 pcf. Subject 11, Page 8 of 8

79 SUBJECT 12 Re: Potty Chairs, children s CCSB Contact: Shannon C. Allard Telephone (703) allard@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class DENTAL, HOSPITAL OR MEDICAL SUPPLY GROUP: subject to item Commodes, Commode Chairs or Commode Stations, sanitary, with toilet seat or waste pail, in boxes: Sub 1 NOI Sub 2 With steel framework, having a density in pounds per cubic foot of 12 or greater, see Note, item NOTE Not Involved. FURNITURE GROUP: subject to item Metallic or Wooden: subject to item NOTE Not Involved Bureaus, Armoires (Door Chests) or Armoire Tops, Chest-Desks, Chests of Drawers, Chiffoniers, Chifforobes, Dressers, Highboys, Lowboys, Night Stands, Night Tables, Night Stand Commodes, Commodes, see Note, item 80121, Washstands or Washstand Commodes, wooden, see Note, item 80082: Sub 1 SU, in Packages 1F, 2F, 3F, 5F, 21F, 22F, 77F, 138F, 146F or 3003S; also night stands, night tables or night stand commodes in Package 26F Sub 2 KD flat, in Packages 1F, 2F, 3F, 5F or 19F; also KD flat, in the white, in Package 25F NOTE Does not apply on sanitary commodes as named in item Subject 12, Page 1 of 5

80 SUBJECT 12 Present Classification Provisions Concluded Item Description Class 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 Seats, toilet, children's, including Potty Seats or Trainer Seats, in boxes... Not Involved Proposed Classification Provisions Item Description Class DENTAL, HOSPITAL OR MEDICAL SUPPLY GROUP: subject to item Commodes, Commode Chairs or Commode Stations, sanitary, etc.. No Change NOTE No Change. FURNITURE GROUP: subject to item Metallic or Wooden: subject to item NOTE No Change Bureaus, Armoires (Door Chests) or Armoire Tops, etc... No Change NOTE No Change. PLASTIC OR RUBBER ARTICLES, OTHER THAN EXPANDED, GROUP: subject to item Articles, viz.: Articles, NOI; [Other Articles Listed No Change.] In boxes, crates, drums or Packages 870, 1078, 1241, 1273, 1456, 2195, 2212, 2213, 2230 or 2459, see Note, item , etc... No Change NOTE No Change. Subject 12, Page 2 of 5

81 SUBJECT 12 Proposed Classification Provisions Concluded Item Description Class A-NEW Potty Chairs, children s, consisting of seat and commode, see Note, item B-NEW, in boxes B-NEW NOTE Does not apply on children s toilet seats. For applicable provisions, see item Seats, toilet, children's, including Potty Seats or Trainer Seats, see Note, item C-NEW, in boxes... No Change C-NEW NOTE Does not apply on children s potty chairs consisting of seat and commode. For applicable provisions, see item A-NEW. Analysis Research Project 1215 This proposal is based on information developed through Research Project 1215, which was initiated in February of 2014 in response to interpretation questions regarding the applicable provisions for children s potty chairs. While children s potty chairs are not specifically named in the NMFC, items 56550, and have been considered as possibly being applicable. During the course of Research Project 1215, questionnaires were mailed to 54 potential manufacturers or shippers of children s potty chairs, along with six trade associations believed to represent those companies. Mailings were sent in February of 2014, and for nonrespondents, a second, follow-up questionnaire was sent in April of 2014 inviting them to participate in the research. Additional questionnaires were sent as the CCSB was made aware of other potential industry contacts. From those mailings, six companies responded that they do not manufacture or ship the involved articles, and four companies provided some information. No responses were received from the associations contacted. About Children s Potty Chairs The involved research encompasses children s potty chairs, which are comprised of a seat affixed to a basin or commode to aid children in the toilet training process. As shown in the examples on the following page, there are a multitude of configurations; however, the sizes of the products are generally comparable to one another. Children s potty chairs are commonly constructed from plastic, but may also be composed of wood, or wood and plastic. Subject 12, Page 3 of 5

82 SUBJECT 12 Transportation Characteristics Density The information of record includes 36 density observations submitted by shippers and a carrier, observed firsthand on CCSB dock surveys, and obtained from the CCSB s Density Study 1. The products range in density from 2.07 to 8.57 pcf, with an average of 4.68 pcf. As the frequency distribution below depicts, the preponderance of figures are concentrated within a narrow range, clustered around the average density. Frequency Distribution % of Figures in Interval 50.00% 40.00% 30.00% 20.00% 10.00% 0.00% 47.22% 30.56% 16.67% 5.56% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Density Intervals (pcf) 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 12, Page 4 of 5

83 SUBJECT 12 Handling and Stowability The information of record indicates that the involved articles are generally tendered for shipment in fiberboard boxes of regular size and shape secured on lift truck skids or pallets. There have been no reports of unusual or significant handling or stowability problems. 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. There is no indication of a claims problem. The value per pound for the involved commodity ranges from $1.08 to $6.30, with an average of $3.45 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. Children s potty chairs are not specifically named within the Classification, which has resulted in confusion as to the applicable provisions for this commodity. This proposal would establish a new, specific item for children s potty chairs. Additionally, CCSB policy calls for provisions to reflect a commodity s known transportation characteristics. Information of record shows children s potty chairs range in density from 2.07 to 8.57 pcf, with an average of 4.68 pcf, and no unusual or significant handling, stowability or liability characteristics. As shown in the frequency distribution on page 4, the preponderance of density figures are concentrated within a narrow range around the overall average. Under CCSB guidelines, an average density of 4.68 pcf is generally associated with class 200, which calls for a minimum average density of 4 pcf. This proposal would assign class 200 to children s potty chairs. Further, in the interest of clarification, two new Notes would be established. The first new Note would be referenced by the new item to clarify that the provisions do not apply on children s toilet seats and direct the NMFC user to item for applicable provisions. The second new Note would be referenced by item This Note would clarify that item does not apply on children s potty chairs consisting of seat and commode, and direct the NMFC user to the new item for applicable provisions. This proposal is consistent with classification precedent. A similar approach was taken on Docket , Subject 9 (January 2014), involving children s toilet seats. No significant handling, stowability or liability concerns were reported and, as such, density was determined to be the primary transportation characteristic. As with children s potty chairs, children s toilet seats exhibited a narrow range of densities 2.06 to 9.40 pcf with a significant concentration of density observations clustered around the overall average density of 5.55 pcf. Based on the information of record, and in keeping with CCSB guidelines, that proposal was approved as docketed, assigning class 175, 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 12, Page 5 of 5