DOCKET SEPTEMBER 2015

Transcription

1 DOCKET SEPTEMBER 2015 A public meeting on National Motor Freight Classification provisions will be held on September 29, 2015 at: Westin Denver Downtown 1672 Lawrence Street Denver, Colorado ISSUED: August 27, 2015

2 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET On Tuesday, September 29, 2015, 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 Denver Downtown, 1672 Lawrence Street, Denver, Colorado 80202, commencing at 10:00 am Mountain 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 amendment of the CCSB s Value Guidelines, which the CCSB will consider at the meeting on September 29, The proposed valuation adjustments are 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 will be included in the public docket file and posted on our website. The CCSB s decision on the proposal will be based on the information in the public docket file. Statements and other materials pertaining to proposals published herein must be received no later than 5:00 pm Eastern Time, September 18, Statements and other materials submitted after this date 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 September 24, 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 November 19, 2015, with an effective date of December 19, Future CCSB Dockets Docket Docket Docket Closing Date November 25, 2015 March 24, 2016 Docket Issue Date December 23, 2015 April 21, 2016 Deadline for Data/Statement Submissions January 14, 2016 May 13, 2016 CCSB Meeting Date January 26, 2016 May 24, 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 Attachments, stump cutter or grinder B Bodies, electric frying pan Bucks, door, metal or wood... 5 C Cards, cotton or wool, hand Carriers, flexible intermediate bulk container (FIBC) Casings, door, metal or wood... 5 Channels, iron or steel... 6 Chemicals, NOI Packaging... 4 Clay Gatherers Cutters, stump D Devices, insect killing, electric Door Bucks, Casings or Frames, metal or wood... 5 Drying Rooms or Cabinets, macaroni, spaghetti or vermicelli E Electric Frying Pan Bodies Electric Insect-Killing Devices F Frames, door, metal or wood... 5 Freezers, ice cream... 3 G Grease Traps or Interceptors Grinders, stump H Hog Traps I Ice Cream Freezers (Ice Cream Makers)... 3 Interceptors, grease L Lifts, vehicle... 8 M Makers, ice cream... 3 Mashers, potato, wood Mowers, with or without engines or motors... 2 Mustard Cake N Notes, Items 52342, 53582, and , Mixed Truckload Provisions O Ovens, baking, convection or microwave... 1 P Package Pallets, flexible intermediate bulk container (FIBC) Potato Mashers, wood Potato Sticks Q Quoins R Ramps or Runways, vehicle... 8 S Shoestring Potatoes Shovels, Sidewalk Cleaners (Scrapers), Snow Pushers, Spades or Scoops, hand... 7 Sticks, potato Stump Cutters or Grinders T Toilets, chemical, decomposing, earth or incinerating type... 9 Traps, animal, bird, fish or insect, including Hog Traps Traps, drain or sink (Sewer Gas Traps) Traps, grease Page iii

5 SUBJECT 1 Re: Ovens, baking, convection or microwave CCSB Contact: Erin N. Topper Telephone (703) topper@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class BOILERS, FURNACES, STOVES AND RELATED ARTICLES GROUP: subject to item Ovens, baking, electric, portable, iron, see Note, item 26722, in boxes or crates NOTE Applies on portable electric ovens of the domestic or kitchen type Ovens, baking, electric, stationary, iron, see Note, item 26742, in packages or Packages 131 or NOTE Applies on electric ovens for permanent installation Ovens, baking, iron, NOI, see Note, item 26762: Sub 1 SU, in boxes, crates or Packages 112, 972 or Sub 2 KD, or Parts, NOI, in packages NOTE Fixtures and fittings forming an integral part of each oven such as I- beams, channels, channel supports, angle irons, T-shapes and similar parts authorized to be accepted loose when shipped separately, or oven walls, need not be packed; all other parts must be boxed or crated and surfaces liable to be damaged must be fully protected Ovens, microwave or microwave and convection combined, with or without ovenware dishes, in boxes, crates or Packages 131, 1019, 1082 or Ovens, portable, for tops of stoves and ranges: Sub 1 SU, in boxes or crates Sub 2 KD, in boxes or crates Proposed Classification Provisions Item Description Class BOILERS, FURNACES, STOVES AND RELATED ARTICLES GROUP: subject to item NEW Ovens, baking, convection or microwave, NOI, in boxes, crates or Packages 112, 131, 972, 1019, 1082 or 2260, 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 Subject 1, Page 1 of 6

6 SUBJECT 1 Proposed Classification Provisions Concluded Item Description Class BOILERS, FURNACES, STOVES AND RELATED ARTICLES GROUP: subject to item Ovens, baking, electric, portable, iron, etc... Cancel; see item NEW NOTE Cancel; no further application Ovens, baking, electric, stationary, iron, etc... Cancel; see item NEW NOTE Cancel; no further application Ovens, baking, iron, NOI, etc... Cancel; see item NEW NOTE Cancel; no further application Ovens, microwave or microwave and convection combined, etc. Cancel; see item NEW Ovens, portable, for tops of stoves and ranges, etc... Cancel; see item NEW Analysis Research Project 1203 Research Project 1203 was initiated in August of 2013 based on a review of items 26720, 26740, 26760, and 26780, which indicated classes inconsistent with the current transportation characteristics, as well as reports of interpretation difficulties. In conjunction with the project, questionnaires were mailed to 291 potential manufacturers or shippers of the involved products and 13 associations believed to represent those manufacturers or shippers in September, and for those that did not respond, again in November of From those mailings, usable information was received from five companies; four companies responded, but did not provide usable data; and 24 reported that they do not manufacture or ship these products. Of the associations contacted, one responded stating they do not represent manufacturers or shippers of the involved commodities; two certified letters went unclaimed; and no responses were received from the remaining associations. History of Provisions The provisions of items and 26740, including attendant Notes, items and 26742, were adopted from the rails in 1936 and have remained substantially unchanged to the present. Subject 1, Page 2 of 6

7 SUBJECT 1 The basic provisions of item were adopted from the rails in Note, item was established as a result of action taken on Docket 33, Subject 53 (October 1947) and first appeared in Supplement 5 to NMFC No. 9, effective February 20, The current classes were established as a result of action taken on Special Docket No. 1 (issued July 20, 1949) and first appeared in NMFC A-1, effective July 10, Other than minor clarifications, the provisions have remained substantially unchanged to the present. The provisions of item were established as a result of action taken on Docket 755, Subject 44 (July 1975) and first appeared in Supplement 10 to NMF 100-C, effective October 8, As a result of action taken on Docket 847, Subject 40 (October 1984), the description was amended to include microwave and convection combined. Those provisions first appeared in Supplement 1 to NMF 100-L, effective May 18, The provisions have remained substantially unchanged to the present. The basic provisions of item were adopted from the rails in The current classes and description were established as a result of action taken on Docket 52, Subject 18 (September-October 1951) and first appeared in Supplement 4 to NMFC A-1, effective October 1, About Ovens Ovens are heating chambers for cooking food, drying, curing, heating or maintaining the temperature of various products. They come in a variety of sizes and configurations, depending on their intended use and may function by baking, convection, microwave, or a combination. Some ovens are stationary, while others are portable. Examples are shown in the photos below. Subject 1, Page 3 of 6

8 SUBJECT 1 Transportation Characteristics Density The information of record includes 22,447 density observations submitted by shippers and carriers, observed firsthand on CCSB dock surveys, including a dock survey at a shipper location, and gathered from the CCSB s Density Study 1. The densities range from 1.05 to pcf, with an average of pcf. The frequency distribution below shows that the densities are distributed throughout the range, but 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. Frequency Distribution % of Figures in Interval 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% 20.74% 22.49% 19.20% 12.26% 11.41% 6.49% 4.12% 0.00% 0.10% 1.43% 1.77% Density Intervals (pcf) When the data is evaluated on the basis of the 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 and Stowability Ovens are generally tendered in boxes on lift truck skids or pallets or in crates, which permit mechanical handling and generally provide a flat load-bearing surface, as shown in the photos on the following page. Some units are labeled with 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 1, Page 4 of 6

9 SUBJECT 1 precautionary markings, such as Fragile or Handle with Care, however, there have been no reports of unusual handling or stowing issues. Liability Ovens are not perishable, unusually susceptible to theft or damage, nor do they appear likely to damage other freight. One carrier reported claims ratios of 0.20% and 1.59% for two shippers of ovens moving under item A second carrier reported claims ratios of 0.90%, 0.28% and 0.23% for items 26720, and 26760, respectively. A third carrier reported no claims for items and 26760, but claims ratios of 0.26% and 1.74% for items and 26770, respectively. The value per pound ranges from $0.70 to $25.00, with an average of $10.48 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 five items named in the Present Classification Provisions herein apply on various types of ovens, which may result in interpretation questions. Therefore, it would be in keeping with CCSB policies to cancel items 26720, 26740, 26760, and with reference to a new item, which would name Ovens, baking, convection or microwave, NOI. CCSB policies call for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Information of record for ovens shows these products have a density range from 1.05 to pcf, with an average of pcf. Under CCSB guidelines, an average density of pcf is generally associated with class 100, which calls for a minimum average density of 9 pcf. However, when commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. When the data of record is evaluated based on the proposed density breaks at 6 and 10 pcf, the following average densities and classes emerge. Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Less than but less than or greater Subject 1, Page 5 of 6

10 SUBJECT 1 It would be in keeping with CCSB policy and precedent to establish classes predicated on two density breaks 2 at 6 and 10 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 and can be handled and stowed in a manner that is reasonably safe and practicable so as to withstand the normal rigors of the less-than-truckload environment. Requiring ovens to be tendered in boxes, including Packages 112, 131, 972, 1019, 1082 or 2260, or in crates would be in keeping with these policies. Classification precedent can be found in item , naming air heaters, other than portable. As a result of action taken on Docket , Subject 1 (January, 2012), the provisions of item were amended to provide classes based on two density breaks 6 and 10 pcf reflective of the respective average densities and density guidelines. That proposal was approved as docketed, and the provisions first appeared in Supplement 1 to NMF 100-AL, effective April 14, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. 2 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 1, Page 6 of 6

11 SUBJECT 2 Re: Mowers Items and 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 Mowers, NOI, without engines or motors: Sub 1 In packages other than boxes or crates Sub 2 In boxes or crates Mowers, power (Mowers with Engines or Motors), NOI, in boxes, crates or Packages 239, 2179, 2181 or Proposed Classification Provisions Item Description Class MACHINERY GROUP: subject to item Mowers, NOI, without engines or motors, etc... Cancel; see item Sub 1 Mowers, NOI, with or without engines or motors: In boxes, crates or Packages 239, 2179, 2181 or 2359, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 8 or greater Sub 4 In packages other than boxes, crates or Packages 239, 2179, 2181 or 2359, subject to Item 170 and having a density in pounds per cubic foot of: Sub 5 Less than Sub 6 8 or greater Analysis Research Project 1197 Research Project 1197 on mowers, as named in items and , was initiated in August 2013 in response to information indicating transportation characteristics inconsistent with CCSB guidelines for the currently applicable classes. A total of 148 potential manufacturers or shippers of mowers, and nine 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. Of the companies contacted, 12 responded that they do not manufacture or ship mowers, one company stated that they do not ship via LTL service, and 12 companies provided at least Subject 2, Page 1 of 5

12 SUBJECT 2 some information. Of the associations contacted, two responded that they do not represent the involved companies, and no responses were received from the other associations. History of Provisions Provisions for mowers, with and without engines or motors, were adopted from the rails in As a result of action taken on Docket 868, Subject 9 (November 1986), the then-current provisions for mowers with engines or motors were amended to provide the currently applicable class Information on that record shows the densities for the involved mowers ranged from 9.03 to pcf, with an average density of pcf. That proposal was approved as modified, and the change first appeared in Supplement 10 to NMF 100-M, effective March 28, The current provisions of items and were established as a result of action taken on Docket 952, Subject 14 (March 1995). That proposal canceled the provisions for items referencing lawn mowers, with reference to two new items, items and , naming mowers. There was no change in the applicable class for mowers with engines or motors, as named in item , while two new subprovisions were established for mowers without engines or motors based on packaging. Mowers without engines or motors in packages other than boxes or crates were assigned class 100, while mowers packaged in boxes or crates were assigned class That proposal was approved as docketed, and the changes first appeared in Supplement 1 to NMF 100-V, effective June 24, About Mowers A mower is a machine for cutting grass or other plants that grow on the ground. 1 There are various types of mowers, including push mowers, riding mowers, reel mowers and gang mowers, which can vary widely in size and shape. Examples of mowers are included below. 1 (accessed June 2015) Subject 2, Page 2 of 5

13 SUBJECT 2 Transportation Characteristics Density The information of record includes 29,491 density observations submitted by shippers and carriers, observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study 2. The observations range from 1.00 to pcf, with an average of 8.36 pcf. The frequency distribution is shown below. % of Figures in Interval 40.00% 30.00% 20.00% 10.00% 0.00% Frequency Distribution 39.82% 30.65% 9.98% 11.23% 0.00% 0.02% 2.36% 3.07% 2.09% 0.46% 0.32% Density Intervals (pcf) When the data is evaluated on the basis of the proposed density break at 8 pcf, the following ranges and averages are calculated. Density Group (pcf) Density Range (pcf) Average Density (pcf) Percentage of Figures in Group Less than % 8 or greater % 2 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 2, Page 3 of 5

14 SUBJECT 2 Handling Mowers are tendered for shipment in boxes unitized to lift truck skids or pallets, in crates, in metal shipping racks with a pallet base and standing posts, or secured to lift truck skids or pallets. Generally, the involved articles tendered for shipment in any of the preceding packaging methods will not present unusual or significant handling considerations. However, larger mowers, such as riding or pull-behind field mowers, may be more difficult to handle and may require some additional care. Stowability Mowers packaged in boxes, including the authorized numbered packages, or in crates generally do not pose unusual or significant stowing considerations. When otherwise packaged, negative stowing characteristics have been identified. Mowers tendered in packages other than boxes or crates will generally lack a flat loadbearing surface for the loading of top freight, and they may not provide lateral support for freight loaded adjacent to them in the vehicle. They may also have exposed surfaces or edges that can limit the type of freight that may be safely stowed around them. The lack of protective packaging can result in increased time on the part of the carrier to properly structure the load and may impact the ability to efficiently use the available vehicle space. Relationship to CCSB Policies and Guidelines Liability Mowers are not perishable 3, hazardous in nature, nor are they unusually susceptible to theft. When tendered in packages other than boxes or crates, these products may exhibit a greater susceptibility to damage. Shipments loaded in a vehicle are generally supported, to some extent, by adjacent freight; however, 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 involved articles. Responding carriers and shippers indicate minimal claims on the involved products. The value per pound ranges from $0.12 to $36.04, with an average of $5.60 per pound. CCSB policy calls for provisions to reflect a commodity s known transportation characteristics. Information of record includes 29,491 density observations ranging from 1.00 to pcf, with an average density of 8.36 pcf. CCSB policy states that when commodities or commodity groups exhibit a wide density range not accurately reflected by a single overall average density, density-based classes may be established. As shown in the table on the following page, the data can be divided into two density groupings of less than 8 pcf and 8 pcf or greater, with classes reflective of the average density of each respective grouping. 3 Although they may be seasonal. Subject 2, Page 4 of 5

15 SUBJECT 2 Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Less than or greater CCSB policies further state that unusual or significant negative handling, stowability or liability characteristics may be contributing factors in the assignment of classes. Mowers shipped in boxes, crates or Packages 239, 2179, 2181 or 2359 generally do not present any unusual or significant negative handling, stowing or liability considerations. However, as detailed in the analysis, mowers not shipped in the aforementioned manner have been found to exhibit less-than-favorable stowability and liability characteristics that must be considered. Mowers tendered in packages other than boxes, crates or one of the authorized numbered packages do not provide a flat load-bearing surface for top freight, nor do they offer lateral support for adjacent freight. The lack of protective packaging also leaves the mowers susceptible to damage. Based on the identified stowing and liability concerns, classification precedent has been to assign classes higher than those provided by the CCSB density guidelines. This proposal would establish classes based on packaging and density 4, with a one-class adjustment for mowers in packages other than boxes, crates or Packages 239, 2179, 2181 or 2359, as shown in the table below. Density Group (pcf) Average Density (pcf) Class Based on CCSB Density Guidelines Class Adjustment Based on Stowability & Liability Considerations Less than or greater A similar approach was taken on Docket , Subject 8 (October 2007) involving log splitters, hydraulic or worm shaft, as named in item Density was determined to be the primary transportation characteristic when splitters were shipped in boxes or crates. When tendered in other packages, the splitters presented additional stowing and liability concerns. Accordingly, classes were predicated on packaging and density, assigning one class higher for splitters tendered for shipment in packages other than boxes or crates. That proposal was approved as docketed, and the provisions first appeared in Supplement 5 to NMF 100-AG, effective December 22, Based on the information of record, this proposal, as docketed, is consistent with classification policies and precedent. 4 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 2, Page 5 of 5

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17 SUBJECT 3 Re: Ice Cream Freezers (Ice Cream Makers) CCSB Contact: Shannon C. Allard Telephone (703) allard@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item Freezers, ice cream: Hand or Power, NOI, in boxes, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 10 or greater Power, brine circulating, direct expansion ammonia or fluorine refrigerant type, in boxes or crates, see Note, item NOTE Open tank brine circulating types weighing each 1600 pounds or over may be shipped loose Freezers, ice cream, power, and Mechanical Refrigerators combined, in boxes or crates Proposed Classification Provisions Item Description Class MACHINERY GROUP: subject to item Freezers, ice cream (Ice Cream Makers), hand or power operated, with or without dispensers or mechanical cooling or freezing apparatus, see Note, item NEW, in boxes or crates NEW NOTE Applies on hand- or power-operated machines that make ice cream or other frozen desserts such as custard, yogurt, gelato or sorbet Hand or Power, NOI, etc... Cancel; see item Power, brine circulating, etc... Cancel; see item NOTE Cancel; no further application Freezers, ice cream, power, and Mechanical Refrigerators combined, etc... Cancel; see item Subject 3, Page 1 of 5

18 SUBJECT 3 Analysis Research Project 1229 This proposal is based on information developed through Research Project 1229, which was initiated in May of 2014 to address interpretative issues regarding the applicable provisions for the involved products and to investigate the transportation characteristics of ice cream freezers (ice cream makers). Hereinafter, these products will be referred to as ice cream freezers. During the course of Research Project 1229, questionnaires were mailed to 162 potential manufacturers or shippers, along with ten trade associations believed to represent those companies. Mailings were sent in May of 2014, and for non-respondents, a second, follow-up questionnaire was sent in July 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, eight questionnaires were returned as undeliverable, two companies responded that they do not manufacture or ship the involved articles, and ten companies provided some information. Two of the trade associations responded that they represent manufacturers or shippers of the involved articles; one of those associations forwarded the questionnaire to its members. No responses were received from the remaining associations. In an effort to gain additional knowledge on ice cream freezers directly from the industry, two members of the CCSB staff attended the North American Association of Food Equipment Manufacturers (NAFEM) show in February of 2015 and the International Housewares Association s (IHA) show in March of History of Provisions The basic provisions of item were adopted from the rails and first appeared in LTL-1, effective April 1, Subject 2 of Docket 706 (November 1970) was a proposal to cancel and consolidate two separate provisions for hand or power ice cream freezers. That proposal was approved as modified, and the changes first appeared in Supplement 28 to NMFC A-11, effective July 7, As a result of action taken on Docket 724, Subject 15 (July 1972), the current subprovisions and classes in item were established. The proposal was approved as modified, with the modification resulting in the current density break at 10 pcf. Those changes first appeared in Supplement 4 to NMF 100, effective March 2, 1973, and the provisions have remained substantially unchanged to the present. The provisions of item were adopted from the rails and first appeared in LTL-1, effective April 1, As a result of action taken on Docket 47, Subject 23 (September 1950), the provisions were amended to include fluorine refrigerant type. This change first appeared in Supplement 1 to NMFC No. 11, effective March 6, Attendant Note, item was established as a result of action taken on Docket 64, Subject 29 (June-July 1954), and first appeared in Supplement 4 to NMFC A-3, effective September 5, Subject 3, Page 2 of 5

19 SUBJECT 3 The provisions of item first appeared in Supplement 1 to NMFC No. 3, effective April 30, 1938, to remain competitive with the rails. This item was established at a rating equivalent to the present class 85. The provisions have remained substantially unchanged to the present. About Ice Cream Freezers Ice cream freezers are hand- or power-operated machines that make ice cream. While the product description is limited to ice cream, the involved research also includes makers of other delectable frozen treats including custard, yogurt, gelato and sorbet. The involved products are typically constructed from a variety of materials. As can be seen in the photos below, the involved commodities can vary in size, shape and sophistication. Transportation Characteristics Density The information of record includes 192 density observations submitted by shippers, observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study 1. Ice cream freezers range in density from 2.49 to pcf, with an average density of pcf. The frequency distribution for ice cream freezers 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 3, Page 3 of 5

20 SUBJECT 3 Frequency Distribution % of Figures in Interval 50.00% 40.00% 30.00% 20.00% 10.00% 0.00% 0.00% 0.00% 1.56% 2.08% 40.10% 17.71% 5.73% 5.73% 19.79% 5.21% 2.08% Density Intervals (pcf) As the above frequency distribution depicts, the greatest concentration of figures over 77% are clustered between 10 and 22.5 pcf, with over 40% of the figures within the 12 but less than 15 pcf interval. Handling and Stowability Ice cream freezers are generally tendered for shipment in boxes of regular size and shape, or fully enclosed within a fiberboard container which may be securely fastened to a lift truck skid or pallet (as can be seen in the photo on the right) or in crates. Handling and stowability should be comparable to that of other likepackaged freight. Liability The involved commodities are not perishable, unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor do they appear likely to damage other freight. Responding shippers reported minimal to no claims for the involved articles. One carrier reported a claims ratio of 1.10% for ice cream freezers moving under item A second carrier reported that they had one claim for the involved commodity in the last 18 months. Two additional carriers reported that they have not received any claims for the involved products. The value per pound for ice cream freezers ranges from $0.51 to $12.71, with an average of $6.64 per pound. Subject 3, Page 4 of 5

21 SUBJECT 3 Relationship to CCSB Policies and Guidelines CCSB policy calls for the amendment of classifications for commodities that are a source, or potential source, of interpretation disputes so as to eliminate or avoid those disputes. The CCSB has received interpretation inquiries regarding the applicable provisions for ice cream freezers. As such, to address the interpretation issues, and in the interest of clarification and simplification, it would be within CCSB policy to combine these related provisions. Under this proposal, the provisions of items , and would be canceled with reference to item Item would be amended to name hand- or power-operated ice cream freezers (ice cream makers). Additionally, CCSB policy calls for provisions to reflect a commodity s known transportation characteristics. Information of record for ice cream freezers shows a range in density from 2.49 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 4, the preponderance of density figures are concentrated within a narrow range around the overall average. Under CCSB guidelines, an average density of pcf is generally associated with a class 77.5, which calls for a minimum average density of 13.5 pcf. This proposal would assign class 77.5 to item A new Note would be added and referenced by item to clarify that the item applies on hand- or power-operated machines that make ice cream or other frozen desserts such as custard, yogurt, gelato or sorbet. Furthermore, Note, item would be canceled with no further application. A similar approach was taken on Docket , Subject 7 (May 2014), involving wood shakes or shingles. No significant handling, stowability or liability concerns were reported and, as such, density was determined to be the primary transportation characteristic. As with ice cream freezers, wood shakes or shingles exhibited a wide range of densities 3.20 to pcf with a significant concentration of density observations over 73% clustered around the overall average density of pcf. Based on the information of record, and in keeping with CCSB guidelines, that proposal was approved as docketed, assigning class 70, and the provisions first appeared in Supplement 2 to NMF 100-AN, effective August 9, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 3, Page 5 of 5

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23 SUBJECT 4 Re: Package 2456 CCSB Contact: Erin N. Topper Telephone (703) topper@nmfta.org Proponent: DSM Chemicals North America, LLC, Augusta, Georgia Present Classification Provisions Item Description Class CHEMICALS GROUP: subject to item Chemicals, NOI, see Note, item See item for class dependent upon released value: Sub 1 In glass carboys or Package Sub 2 In bags, boxes, drums or Packages 1439, 2258, 2419 or NOTE Not Involved. Package 2456 In bags constructed of linear low density polyethylene film measuring not less than 4 mils in thickness. Net weight must not exceed 56 pounds (25 kilograms). Proposed Classification Provisions Item Description Class CHEMICALS GROUP: subject to item Chemicals, NOI, see Note, item See item for class dependent upon released value: Sub 1 In glass carboys or Package Sub 2 In bags, boxes, drums or Packages 1439, 2258, 2419, 2456 or NOTE No Change. Package 2456 Applicable only for nonhazardous commodities as described in items referencing this Package. In bags constructed of linear low density polyethylene film measuring not less than 4 mils in thickness. Net weight must not exceed 56 pounds (25 kilograms). Analysis The proposal was submitted by DSM Chemicals North America, LLC (DSM) to add Package 2456 to sub 2 of item 43940, Chemicals, NOI. Subject 4, Page 1 of 2

24 SUBJECT 4 DSM manufactures caprolactam flake, which is a non-hazardous chemical used as monomer for production of polymers (predominately Nylon-6) and additionally as intermediate for synthesis of chemical intermediates or chemical substances. Nylon-6 is a highly versatile material that is used to make textile [sic], floor coverings, industrial yarns, engineering plastics and films 1. Since caprolactam is not specifically named in the NMFC, item is applicable. The proponent is currently shipping caprolactam in 6 mil low density polyethylene (LDPE) form/fill/seal bags that weigh 25 kilograms and measure 840 mm x 380 mm x 80 mm and 845 mm x 380 mm x 80 mm. Package 2456 permits the use of a 4 mil LDPE bag when the bag weight does not exceed 56 pounds (25 kilograms). Package 2456 was established as a result of action taken on Docket 881, Subject 24 (February 1988). That was a proposal submitted by Griffith Bros. to establish the package as an exception to the general bag rules for common salt containing food curing, flavoring or preserving ingredients as named in item 74660, and it was approved as docketed. The package first appeared in Supplement 11 to NMF 100-N, effective April 2, The package was further amended as a result of action taken on Docket 955, Subject 19 (August 1995), which was a proposal to reduce the required thickness of the LDPE film from 5 mils to 4 mils. That change was approved as docketed and first appeared in Supplement 5 to NMF 100-V, effective October 21, Currently, Package 2456 is authorized for various non-hazardous goods, including foodstuffs and sodium phosphate. To justify the use of Package 2456, DSM had a unitized shipment of caprolactam flake in these bags successfully tested under International Safe Transit Association s (ISTA s) Procedure 1E for unitized loads at a CCSB-registered third party testing laboratory. Relationship to CCSB Policies and Guidelines The proponent has submitted this proposal to add Package 2456 to sub 2 of item 43940, Chemicals, NOI, as their caprolactam flake is classified in this item. CCSB policies state packaging specifications should be established and maintained, as necessary, to ensure that freight is adequately protected and can be handled and stowed in a manner that is reasonably safe and practicable so as to withstand the normal rigors of the less-than-truckload (LTL) environment. Package 2456 is an exception to the NMFC s general bag rules, and there has been no indication that the use of 4 mil LDPE bags has been the cause of any issues in the LTL environment. Adding Package 2456 to the list of authorized packages in sub 2 would be in keeping with CCSB policies. Since item is the general catchall provision for chemicals, some materials classified in this item may be regulated as hazardous. Package 2456 has not been tested or approved for use for hazardous materials. Therefore, it would also be consistent with CCSB policies to add Applicable only for nonhazardous commodities as described in items referencing this Package 2 to Package This proposal, as docketed, is in keeping with CCSB policies. 1 (accessed July 21, 2015) 2 12 other numbered packages in the NMFC also contain this reference. Subject 4, Page 2 of 2

25 SUBJECT 5 Re: Bucks, Casings or Frames, door, metal or wood CCSB Contact: Daniel E. Horning Telephone (703) horning@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class BUILDING METALWORK GROUP: subject to item Bucks or Frames, door, steel, fabricated from bars, plates or shapes 3 /16 inch or thicker Casings or Frames, door, iron or steel, or wood covered with iron or steel or tin plate: Sub 1 SU Sub 2 KD Casings or Frames, door, brass, bronze, copper or nickel-silver, or metal or wood covered with brass, bronze, copper or nickel-silver, in boxes or crates: Sub 1 SU Sub 2 KD Frames, door, NOI, aluminum or aluminum and iron or steel combined: Sub 1 SU, in boxes or crates Sub 2 KD, in boxes, or in tubes with closed ends BUILDING WOODWORK GROUP: subject to item NOTE Where reference is made to this note, provisions apply on articles of foreign wood, other than Canadian wood or other than foreign birch, pine or spruce, not further finished than primed NOTE Where reference is made to this note, provisions apply on articles of native wood, Canadian wood or foreign birch, pine or spruce, not further finished than primed NOTE Where reference is made to this note, provisions apply on articles further finished than primed or wholly or partially covered with plastic other than laminated plastic Frames, door, see Note, item 37502, in boxes or crates: Sub 1 SU Sub 2 KD Frames, door, see Note, item 37506, in boxes or crates: Sub 1 SU Sub 2 KD Frames, door, NOI, see Note, item 37504, with or without weatherstrips and with or without plastic sill tracks: Sub 1 SU Sub 2 KD, in packages Subject 5, Page 1 of 7

26 SUBJECT 5 Proposed Classification Provisions Item Description Class BUILDING MATERIALS, MISCELLANEOUS, GROUP: subject to item NEW Bucks, Casings or Frames, door, NOI, metal or wood, 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 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 BUILDING METALWORK GROUP: subject to item Bucks or Frames, door, steel, fabricated from bars, plates or shapes 3 /16 inch or thicker... Cancel; see item NEW Casings or Frames, door, iron or steel, or wood covered with iron or steel or tin plate, etc... Cancel; see item NEW Casings or Frames, door, brass, bronze, copper or nickel-silver, or metal or wood covered with brass, bronze, copper or nickel-silver, etc... Cancel; see item NEW Frames, door, NOI, aluminum or aluminum and iron or steel combined, etc... Cancel; see item NEW BUILDING WOODWORK GROUP: subject to item NOTE No Change NOTE No Change NOTE No Change Frames, door, see Note, item 37502, etc... Cancel; see item NEW Frames, door, see Note, item 37506, etc... Cancel; see item NEW Frames, door, NOI, see Note, item 37504, with or without weatherstrips and with or without plastic sill tracks, etc... Cancel; see item NEW Subject 5, Page 2 of 7

27 SUBJECT 5 Analysis Research Project 1213 This proposal is based on information developed through Research Project 1213, which was initiated in December 2013 to address interpretation issues and investigate the transportation characteristics of door casings or frames. During the project, questionnaires were sent to 77 potential manufacturers or shippers and 11 trade associations related to the door frame industry. Mailings were sent in November 2014, and for non-respondents, a second, follow-up letter was sent in January From those questionnaires, usable information was received from six companies, while one returned questionnaire did not contain usable information. One other company responded indicating they do not manufacture or ship the involved commodities. There were no responses received from any of the associations. Additional information was developed through CCSB dock surveys, the CCSB s Density Study 1 and carrier-submitted reports. History of Provisions The original provisions of the involved items were largely adopted from the rails and first appeared in LTL-1, effective April 1, Over the years, there have been description amendments and clarification revisions. Some class adjustments 2 occurred with the conversion to NMFC A-1, effective July 10, The current classes in items 35960, and applying on metal units were established as a result of action taken on Docket 715, Subject 4 (September 1971). Information of record indicated a density range from 3.5 to 10 pcf, with averages between 5.5 and 6.0 pcf, for steel units. The value was reported at $0.40 per pound (in 1971 dollars). Likewise, a similar class was assigned for brass, bronze or copper units due to the competitive nature of the commodities. (Competition with other commodities and trade conditions are no longer considered appropriate transportation elements in evaluating commodities.) The class 150 for aluminum units was considered reflective of densities ranging from 2.0 to 4.5 pcf. Poor loading, stowing and handling characteristics were other factors cited in the record. These changes first appeared in Supplement 4 to NMF 100, effective March 2, (No explanation or justification could be found through docket research - perhaps due to the antiquity of the item provisions - relating to the inconsistent use of the terms bucks, casings and frames ; however, an industry review has confirmed that all are relevant and used in current trade parlance. Likewise, the packaging requirements are inconsistent, if they exist at all.) 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. 2 See Special Docket No. 1 (issued July 20, 1949), pertaining to steel bucks, frames or casings as well as brass, bronze, copper or nickel-silver casings or frames. Subject 5, Page 3 of 7

28 SUBJECT 5 About Door Bucks, Casings or Frames Door bucks, casings or frames are building components that provide for the rough opening and structure into which doors will be installed. Frames used in residential buildings are typically made from wood, while those found in commercial structures are usually metal. Irrespective of use or material, the central purpose is to provide an enclosure or support for the door. Product depictions are provided below. Door Buck Door Frame Door Casing Transportation Characteristics Density The information of record includes 6,410 figures, exhibiting a range in density from 0.26 to pcf, for an average density of pcf. As the frequency distribution below shows, the densities are distributed throughout the range, but 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. Frequency Distribution % of Figures in Interval 15.00% 10.00% 5.00% 0.00% 3.73% 5.13% 13.20% 14.38% 10.30% 8.38% 7.77% 14.88% 14.56% 4.46% 3.21% Density Intervals (pcf) When the data is evaluated on the basis of the three proposed density groupings, the ranges and averages are calculated as shown in the table on the following page. Subject 5, Page 4 of 7

29 SUBJECT 5 Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater Handling Bucks, casings or frames are generally shipped in boxes or crates, or banded or wrapped in plastic or fiberboard on lift truck skids or pallets. Those tendered in boxes may or may not be unitized on lift truck skids or pallets. When secured on lift truck skids or pallets, the articles may be either vertically oriented, mounted on edge or placed flat. Shipper instructions may include such notices as Careful Loading Forks Will Damage This Freight or Use No Fork Lifts, greatly limiting the carrier s ability to handle the freight in an efficient and timely manner. One carrier reports that this type of freight can be hard to handle in the LTL environment as handling units can be 8 feet or longer. Due to the length and configuration of these units, negative handling considerations exist regardless of the method of packaging. Stowability When tendered in an upright position or without protective packaging on lift truck skids or pallets, articles may be more difficult to stow than general boxed freight. Carriers may be restricted to floor loading and are not able to stack freight on top due to the lack of a flat load-bearing surface. Some shipments are labeled with precautionary markings or instructions such as Do Not Double Stack, with warning cones, among others 3. The configuration of the handling units has a significant impact on the carrier s ability to safely stow this freight, even when tendered in boxes or crates. Pictures of the involved products as tendered for shipment are shown below. 3 Other labels that have been observed include Do Not Lay Flat, This Side Up, Do Not Tilt and Fragile Handle With Care. Subject 5, Page 5 of 7

30 SUBJECT 5 Liability These commodities are not perishable, susceptible to theft nor are they hazardous in nature. They may be liable to damage during transit when tendered in packages other than boxes or crates and not adequately protected by packaging. Bucks, casings or frames may also damage other freight with which stowed as they often have sharp edges. One carrier, for three separate accounts reports claims ratios of 22.8%, 6.52% and 1.5% for both damage and shortages. A second carrier has documented claims involving NMFC items 35960, and 35760, and reports ratios of 0.14%, 0.26% and 0.34%, respectively. A third carrier reports a yearto-date claims ratio of 8.85%, where one shipper filed 31 damage claims totaling $10, The carrier reports that they are no longer handling this account due to poor packaging. Shippers who returned the commodity questionnaires report damage claims as low as two or three per year, while others report incidents as high as 12 to 15 per year (or alternatively expressed as 3% per year). The value per pound ranges from $0.84 to $2.81, for an average of $1.74 per pound. Relationship to CCSB Policies and Guidelines CCSB policies call for combining item descriptions embracing related commodities, structuring item descriptions so as to foster clarification and simplification, and providing uniformity in provisions addressing the same or similar circumstances. Therefore, it would be in keeping with CCSB policy, as proposed, to cancel the individual classifications for metal or wood door bucks, casings or frames, with reference to a new item under the Building Materials, Miscellaneous, Group. In addition, there is no evidence to suggest that bucks, casings or frames as embraced under the Building Woodwork Group are restricted to a specific type of wood or not further finished than primed. Therefore, eliminating the references to Notes, items 37502, and 37506, which restrict application to origin of wood and degree of finishing, would be consistent with CCSB clarification policies. CCSB policy also calls for provisions to reflect a commodity s known transportation characteristics. Information of record indicates that bucks, casings or frames are shipped in a variety of different configurations (vertically, flat or on edge) and packaging. The information of record ranges in density from 0.26 to pcf, with an average density of pcf. CCSB policy further provides that where commodities or commodity groups exhibit a wide range in density not accurately reflected by a single, overall average density, they may be assigned density-based classes. However, research has identified several significant negative handling, stowability and liability considerations that must also be considered, in accordance with CCSB policies. These have been detailed in the Analysis section and include factors such as floor loading requirements, prohibitions on double stacking, and damage claims. Additionally, CCSB policies state that packaging specifications should be established, as necessary, to ensure that freight is adequately protected in the motor carrier environment. The current provisions governing bucks, casings or frames, in many instances, do not contain any minimum packaging requirements. Therefore, it would be in keeping with CCSB packaging policies to require the articles to be shipped either in boxes or crates or in other packages. Subject 5, Page 6 of 7

31 SUBJECT 5 In view of the information of record, it would be in keeping with CCSB policy and classification precedent to establish provisions based on packaging and density, as proposed 4. As detailed in the discussion of density, the density figures are distributed in three clusters or groupings of less than 6 pcf, 6 but less than 12 pcf, and 12 pcf or greater. The following table provides an evaluation of the density information of record on the basis of the three proposed density groups and shows the average density associated with each group, the class according to CCSB density guidelines, and the class adjustments to reflect the identified negative handling, stowing and liability considerations when packaged in boxes or crates, or in packages other than boxes or crates. Density Group (pcf) Average Density (pcf) Class Based on CCSB Density Guidelines One-Class Adjustment Based on Handling and Stowability Considerations Two-Class Adjustment Based on Handling, Stowability and Liability Considerations Less than but less than or greater With respect to commodities that exhibit less-than-favorable handling, stowability or liability characteristics, there is CCSB precedent for assigning a one-class adjustment for those commodities in boxes or crates and a two-class adjustment for those in packages other than boxes or crates than what would normally be called for under the density guidelines. A similar approach was taken on Docket , Subject 22 (June 2008), involving doors, NOI, other than rolling, as named in item In that instance, the CCSB approved provisions based on packaging and density. Doors tendered in boxes, crates or other specified packaging were subject to a one-class adjustment, while doors tendered in packages other than boxes, crates or the specified packaging were subject to a two-class adjustment to reflect the identified negative handling, stowing and liability characteristics. Based on the information of record, this proposal, as docketed, is consistent with CCSB policy and precedent. 4 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 5, Page 7 of 7

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33 SUBJECT 6 Re: Channels, iron or steel Item CCSB Contact: George M. Beck Telephone (703) beck@nmfta.org Shannon C. Allard (703) allard@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class IRON OR STEEL: subject to item Channels, NOI Proposed Classification Provisions Item Description Class IRON OR STEEL: subject to item Channels, NOI, see Note, item A-NEW, in packages, see Note, item B-NEW: Sub 1 Greatest dimension exceeding 288 inches Sub 2 Greatest dimension exceeding 192 inches but not exceeding 288 inches Sub 3 Greatest dimension exceeding 96 inches but not exceeding 192 inches Sub 4 Greatest dimension not exceeding 96 inches, subject to Item 170 and having a density in pounds per cubic foot of: Sub 5 Less than Sub 6 30 or greater A-NEW NOTE Applies on linear channels in stock lengths or cut to specific size, and whether or not punched or slotted. B-NEW NOTE Greatest dimension refers to the longest straight-line dimension of the handling unit as tendered for shipment. Analysis Research Project 1204 Research Project 1204 was initiated in September of 2013 to investigate the transportation characteristics of iron or steel channels, as named in item During the course of research, questionnaires were mailed to 133 potential manufacturers or shippers and seven trade associations believed to represent those companies in October of 2013, and again to those that did not respond, in December of 2013, inviting them to participate in the research. From this sampling, two questionnaires were returned as undeliverable, six companies responded that they did not manufacture or ship the involved articles, and five companies provided some information; however, not all of the Subject 6, Page 1 of 6

34 SUBJECT 6 information was usable. Regarding the seven trade associations contacted, one stated that they would forward the questionnaire to its members. No responses were received from the remaining associations. History of Provisions Provisions for iron or steel channels were adopted from the rails and first appeared in LTL-1, effective April 1, The current class was established as a result of action taken on Special Docket No. 1 (issued July 20, 1949) and first appeared in NMFC A-1, effective July 10, The provisions have remained substantially unchanged to the present. About Iron or Steel Channels Iron or steel channels are linear articles used to mount, brace, support or connect structural loads in building construction 1. U and J are the most common shapes of channels, however, there are many other variations this commodity can be formed into. Additionally, the involved products can vary greatly in size, particularly in length. Examples of iron or steel channels are shown in the photos below. Transportation Characteristics Density The information of record includes 12,929 density observations submitted by shippers and carriers, observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study 2. The products range in density from 2.14 to pcf, with an average of pcf. The frequency distribution is shown on the following page, which shows that almost 80% of the figures are 30 pcf or greater. 1 (accessed October 2014) 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 6

35 SUBJECT 6 % of Figures in Interval 80.00% 60.00% 40.00% 20.00% 0.00% Frequency Distribution 79.74% 0.00% 0.00% 0.08% 0.80% 2.07% 1.47% 1.71% 2.19% 6.18% 5.76% Density Intervals (pcf) When the data is evaluated based on greatest dimension, where known, the following density ranges and averages emerge. When greatest dimension does not exceed 96 inches, density becomes more of a controlling factor than when the greatest dimension exceeds 96 inches. For this reason, where greatest dimension does not exceed 96 inches the data has been evaluated with a break at 30 pcf. Greatest Dimension Density Range (pcf) Average Density (pcf) Exceeding 288 inches Exceeding 192 inches but not exceeding 288 inches Exceeding 96 inches but not exceeding 192 inches Not exceeding 96 inches and density less than 30 pcf Not exceeding 96 inches and density 30 pcf or greater Subject 6, Page 3 of 6

36 SUBJECT 6 Handling Iron or steel channels vary greatly in size, with reported lengths up to 360 inches (30 feet) and an average length of inches (just under 14 feet). As the length/size increases, the handling into and out of the vehicle becomes considerably more difficult, and certain equipment, or additional personnel, may be necessary to safely handle long and heavy shipments. Furthermore, as the length increases, cross-dock operations can be significantly affected. Often there is not enough room at carrier facilities to safely or easily handle and maneuver excessively long units. When secured on a lift truck skid or pallet, such as in the photo on the top right, the freight may be handled more readily with mechanical equipment, since there is clearance for the fork lift tines to get under and lift them. However, when the length exceeds 96 inches, even palletized shipments can be difficult to safely handle with mechanical equipment. The level of difficulty increases as the length of the article increases, even if fork lift extensions are available and used. Iron or steel channels tendered in bundles, such as in the photo above, require extra care and attention during handling, as there is often no clearance under the bundle for fork tines. Information of record also reveals an average shipment weight of 1,622 pounds, and as the length/size increases, typically the weight also increases. As both length/size and weight increase, the handling becomes more difficult. Item (Rule) 568, governing Heavy or Bulky Freight Loading or Unloading, provides that where the freight weighs more than 110 pounds, and when it exceeds 8 feet in its greatest dimension, the consignor will perform the loading and the consignee will perform the unloading. The driver, on request, will assist with loading or unloading 3. Stowability These articles are generally tendered bundled, often unitized on lift truck skids or pallets. However, excessively long packages may be difficult to stow with other general freight and will typically require floor loading. Depending on the length of the handling unit and the other freight that may be in the vehicle, the carrier will have to ensure that the freight will fit in the vehicle. Also, while a flat load-bearing surface may be available for other freight, it can be 3 Item (Rule) 568 does allow an exception that when freight: (b) weighs more than 110 pounds but less than 500 pounds: (2) The carrier will perform the loading and unloading where the consignor or consignee provides a dock, platform or ramp directly accessible to the carrier's vehicle if such freight: (1) exceeds 8 feet but does not exceed 22 feet in its greatest dimension and does not exceed 2 feet in its intermediate dimension, or (2) does not exceed 10 feet in its greatest dimension and does not exceed 5 feet in its intermediate dimension and does not exceed 1 foot in its least dimension. Where the consignor or consignee does not provide a dock, platform or ramp, the truck driver, on request, will assist the consignor or consignee in loading or unloading. Subject 6, Page 4 of 6

37 SUBJECT 6 difficult for the carrier to make efficient use of remaining vehicle space due to the relatively narrow width of the involved handling units. Liability Iron or steel channels are not perishable, susceptible to theft, nor hazardous in nature. However, given the inherent nature and size of the units, they are usually shipped with little or no protection, and hence, are susceptible to damage. One carrier reported claims ratios of zero and 0.48% for two separate customers, while a second carrier reported a claims ratio of 0.07% for shipments moving under item Shippers who returned commodity questionnaires reported zero to 12 claims annually. Value per pound ranges from $0.08 to $1.58, with an average value of $1.00 per pound. Relationship to CCSB Policies and Guidelines CCSB policies state that classifications should reflect a commodity s known transportation characteristics. Information of record shows iron or steel channels range in density from 2.14 to pcf, with an average of pcf. Under CCSB guidelines, an average density of pcf would generally call for a class 50, absent any negative handling, stowability and liability considerations. However, as discussed in this analysis, iron or steel channels exhibit significant handling and stowability characteristics. Specifically, it was found that greatest dimension has the most considerable effect on the transportability of this commodity, 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) Class Based on CCSB Density Guidelines Proposed Class Exceeding 288 inches Exceeding 192 inches but not exceeding 288 inches Exceeding 96 inches but not exceeding 192 inches Not exceeding 96 inches and density less than 30 pcf * 70 Not exceeding 96 inches and density 30 pcf or greater *The average density of pcf exhibited in the Not exceeding 96 inches and density less than 30 pcf group approaches 15 pcf, the minimum average density guideline for class 70. Based on the information of record, as greatest dimension increases the involved articles become increasingly difficult to handle and stow. The proposed classes account for the increasingly less-than-favorable handling and stowing characteristics. Assignment of classes 70, 85 and 100 to channels having greatest dimension exceeding 96 inches in Subject 6, Page 5 of 6

38 SUBJECT 6 respective eight-foot increments reflects the increasingly significant handling and stowing problems associated with those articles. Channels having greatest dimension not exceeding 96 inches are further evaluated on density, as it is found that density is the controlling factor for those articles. When greatest dimension does not exceed 96 inches and density is less than 30 pcf, the average density is pcf. Since the average density of pcf approaches the minimum average density of 15 pcf for class 70, it would be in keeping with CCSB precedent to adjust the class, as shown, for channels not exceeding 96 inches and having a density less than 30 pcf 4. When greatest dimension does not exceed 96 inches and density is 30 pcf or greater, the averge density is pcf, which meets the CCSB s minimum average density guideline of 50 pcf for the proposed class Additionally, in the interest of clarification, two new Notes would be established and referenced by item The first new Note would clarify that the provisions apply only on linear shaped channels in stock lengths or cut to specific size, and whether or not punched or slotted. The second would define the term greatest dimension as the longest straight-line dimension of the handling unit as tendered for shipment. Furthermore, CCSB packaging policies state that packaging specifications should be established, when necessary, to ensure that freight is adequately protected in the motor carrier environment. Currently, item does not contain any minimum packaging requirements, which means the articles may be tendered loose or in packages 6. When tendered loose or without sufficient protective packaging, these articles are more difficult to handle and stow than general boxed freight and may be susceptible to damage. Therefore, requiring iron or steel channels to be tendered in packages, as defined in Sec. 5 of Item (Rule) 680, as proposed, would be consistent with CCSB packaging policies. This approach is in keeping with CCSB 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 single density break at 30 pcf 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, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. 4 Classification precedent can be found on Docket , Subject 10 (May 2012) for protective packing forms, as named in item Item was amended to provide classes predicated on density, with breaks at 6 and 12 pcf, based on the respective average densities and associated density guidelines. However, while the average density of the 6 but less than 12 pcf group was 7.97 pcf, which would generally call for class 125 under the density guidelines, a class 110 was approved as the average density approached the 8 pcf minimum average density for class 110. That proposal was approved as docketed, and the provisions first appeared in Supplement 2 to NMF 100-AL, effective July 21, The density provisions would include reference to Item (Rule) 170, the inadvertence clause. 6 Item (Rule) 680, Sec. 1(b) Subject 6, Page 6 of 6

39 SUBJECT 7 Re: Shovels, Sidewalk Cleaners (Scrapers), Snow Pushers, Spades or Scoops, hand CCSB Contact: Allison L. Austin Telephone (703) austin@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class TOOLS, OR PARTS NAMED: subject to item Shovels, plastic, with handles of same or other materials, with or without brushes, scrapers or carrying cases, in boxes: Sub 1 NOI Sub 2 With handle removed from blade and tubing sections separated, with or without attached locking cord Shovels, Sidewalk Cleaners (Scrapers), Snow Pushers, or Spades or Scoops, NOI: Sub 1 Aluminum or aluminum and steel or wood combined, in packages: Sub 2 With handles attached Sub 3 With handles detached Sub 4 Steel or steel and wood combined: Sub 5 With handles attached: Sub 6 In packages, other than Package Sub 7 In Package Sub 8 Without handles attached, in packages Sub 9 With wooden blades, in packages Proposed Classification Provisions Item Description Class TOOLS, OR PARTS NAMED: subject to item Shovels, plastic, etc.... Cancel; see item Shovels, Sidewalk Cleaners (Scrapers), Snow Pushers, or Spades or Sub 1 Scoops, NOI: In boxes or Package 2361, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 6 but less than Sub 4 10 or greater Sub 5 In packages other than boxes or Package 2361, subject to Item 170 and having a density in pounds per cubic foot of: Sub 6 Less than Sub 7 6 but less than Sub 8 10 or greater Subject 7, Page 1 of 6

40 SUBJECT 7 Analysis Research Project 1191 This proposal is based on information developed through Research Project 1191, which was initiated in August 2013 to review the transportation characteristics of shovels, sidewalk cleaners (scrapers), snow pushers, spades or scoops, as embraced under items and Hereinafter these products will be referred to as shovels. As part of the research, 88 potential manufacturers or shippers of shovels, and three trade associations believed to represent those companies, were sent commodity questionnaires in September 2013, and for non-respondents, again in November 2013, inviting them to participate in the research. Of the companies contacted, eight responded that they did not manufacture or ship the involved articles, one responded affirmatively but did not provide information, and four companies provided usable information. No response was received from the associations contacted. History of Provisions Provisions for shovels were adopted from the rails in There have been numerous changes made to the provisions over the years. The last significant change with respect to item was the addition of packaging subprovisions, based on identified handling, stowing and liability concerns, as a result of action taken on Docket 812, Subject 23 (March 1981). That change first appeared in Supplement 8 to NMF 100-H, effective September 12, The provisions of item have remained substantially unchanged to the present. The provisions of item for plastic shovels were established as a result of action taken on Docket 808, Subject 8 (November 1980). That was a proposal to establish a specific item for plastic shovels. Information on that record showed a range in density from 3.60 to 5.60 pcf for sub 1, with an average density of 4.25 pcf. Sub 2 ranged in density from 6.10 to 8.50 pcf, with an average of 7.21 pcf. There was no indication of handling, stowability or liability problems when shipped in boxes, and the value per pound ranged from $2.18 to $2.71, with an average of $2.45 per pound (in 1980 dollars). The provisions first appeared in Supplement 12 to NMF 100-H, effective January 11, 1982 and have remained substantially unchanged to the present. About Shovels The involved products are hand tools utilized in a variety of construction, horticultural and agricultural applications. Shovels are often used for digging, lifting and/or moving materials such as sand, snow, and soil 1. The size, shape and sub-categorical identification is dependent upon their intended use. Several types of shovels are shown in the examples on the following page. 1 (accessed June 2015) Subject 7, Page 2 of 6

41 SUBJECT 7 Shipments of Shovels Shovels may be tendered in a number of ways including in boxes, in fiberboard containers with or without tops, secured on lift truck skids or pallets, in wrapped bundles or loose 2. Those tendered on lift truck skids or pallets may be fully or partially wrapped in plastic film, or they may be wrapped in plastic film and fiberboard. Photos below show examples of shovels as tendered for shipment. 2 While some shovels are shipped loose, neither the present provisions nor the proposed provisions authorize loose shipments. Subject 7, Page 3 of 6

42 SUBJECT 7 Transportation Characteristics Density The information of record for shovels includes 6,242 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 0.96 to pcf, with an average density of 8.75 pcf. The frequency distribution below illustrates that the densities are distributed throughout the range, but 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. Frequency Distribution % of Figures in Interval 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% 20.41% 21.48% 19.26% 14.96% 9.84% 7.67% 4.12% 0.03% 0.96% 0.67% 0.59% 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 Shovels tendered in boxes, Package 2361, or on lift truck skids or pallets will generally exhibit handling characteristics similar to those of other like-packaged freight. 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 7, Page 4 of 6

43 SUBJECT 7 Shovels tendered in bundles may require extra care and attention, as they often necessitate manual handling. Stowability When tendered fully enclosed in boxes or Package 2361, shovels generally do not pose any unusual or significant stowability considerations. When tendered in packages other than boxes or Package 2361, some negative stowability considerations have been identified. These packages generally do not provide a flat load-bearing surface for stowing other freight on top. They may also lack lateral support for adjacent freight. Additionally, exposed surfaces or edges can limit the type of freight that may safely be loaded adjacent to them. In the LTL environment, this means that carriers will either not be able to load other freight on top of or adjacent to the unit, or that they will have to employ the use of load decks and/or dunnage, resulting in an associated increase in time necessary to properly structure the load. Liability The involved articles are not perishable 4, hazardous in nature or unusually susceptible to theft. Generally, when these products are tendered fully enclosed in boxes or Package 2361, they will be afforded greater protection against damage than when not so tendered. When tendered in packages other than boxes or Package 2361, shovels are often exposed to surrounding freight, increasing the risk of damage during transit. Shovels also frequently have sharp blades or scoops, which, if not protected during transit, may cause damage to surrounding freight. One carrier indicated that many shipments of shovels end up in salvage as the products are not adequately protected and the handles will get busted, nicked and the scoops sometimes get bent. A second carrier indicated zero claims on products moving under item and a claims ratio of 0.02% on products moving under item Responding shippers reported zero to 15 claims per year. Limited value information shows a range from $2.47 to $15.57 per pound, with an average value of $8.67 per pound. Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to reflect a commodity s known transportation characteristics. Information of record for shovels shows a range in density from 0.96 to pcf, with an average of 8.75 pcf. CCSB policy also provides that where commodities or commodity groups exhibit a wide density range not accurately reflected by a single, overall average density, density-based classes may be assigned. As shown in the table below, 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, with classes reflective of the average density of each respective 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 Although certain shovels, such as snow shovels or snow pushers, may be seasonal. Subject 7, Page 5 of 6

44 SUBJECT 7 However, CCSB policies further state that unusual or significant negative handling, stowability or liability characteristics may be contributing factors in the assignment of classes. When the involved articles are tendered for shipment in packages other than boxes or Package 2361, negative stowing and liability concerns have been identified. These concerns include such factors as the inability or additional care necessary to stack top freight or load adjacent freight, and the susceptibility to damage or likelihood of damaging other freight, particularly when not adequately packaged or protected. These factors are greatly mitigated when the products are shipped fully enclosed in boxes or Package Based on the identified stowing and liability concerns, classification precedent has been to assign classes higher than those provided by the CCSB density guidelines. This proposal would establish classes based on packaging and density 5, with a one-class adjustment for those shovels in packages other than boxes or Package 2361, as shown in the table below. Such an approach would provide a means for addressing both the wide density range and the respective stowing and liability characteristics. Density Group (pcf) Average Density (pcf) Class Based on CCSB Density Guidelines Class Adjustment Based on Stowability and Liability Considerations Less than but less than or greater A similar approach was taken on Docket , Subject 6 (May 2014) involving air cleaners, dehumidifiers or washers, as named in item Density was determined to be the primary transportation characteristic when air cleaners, dehumidifiers or washers were shipped in boxes or crates. When tendered in other packages, the commodities presented additional stowing and liability concerns. Accordingly, classes were predicated on packaging and density, assigning one class higher for air cleaners, dehumidifiers or washers tendered for shipment in packages other than boxes or crates. That proposal was approved as docketed, and the provisions first appeared in Supplement 2 to NMF 100-AN, effective August 9, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. 5 Both sets of classes would include reference to Item (Rule) 170, the inadvertence clause. Subject 7, Page 6 of 6

45 SUBJECT 8 Re: Automobile Lifts, Ramps or Runways CCSB Contact: Daniel E. Horning Telephone (703) horning@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class Automobile Lifts, cantilever type, wheeled, electrohydraulic or electromechanical, with or without lifting arms removed, see Notes, items and NOTE Rubber cushion pads when removed from lift arms must be shipped in boxes NOTE Also applies on lifts designed for buses, trucks or similar vehicles Automobile Lifts, Ramps or Runways, NOI: Sub 1 SU Sub 2 KD; or Parts thereof, NOI, in boxes or crates Automobile Ramps or Runways, not exceeding 50 inches in length: Sub 1 SU Sub 2 SU, in boxes; with two ramps, one inverted over the other or with angle iron braces removed and two ramps nested, one within the other Sub 3 SU, in packages of four; two ramps nested, one within the other and inverted over another nest of two Sub 4 KD Proposed Classification Provisions Item Description Class Automobile Lifts, cantilever type, etc... Cancel; see item A-NEW NOTE Cancel; no further application NOTE Cancel; no further application Automobile Lifts, Ramps or Runways, etc... Cancel; see item A-NEW Automobile Ramps or Runways, etc... Cancel; see item A-NEW Subject 8, Page 1 of 8

46 SUBJECT 8 Proposed Classification Provisions Concluded Item Description Class A-NEW Lifts, Ramps or Runways, vehicle, or Parts thereof, NOI, powered or other than powered, in packages: Sub 1 Greatest dimension exceeding 96 inches, see Note, item B-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 not exceeding 96 inches, see Note, item B-NEW, subject to Item 170 and having a density in pounds per cubic foot of: Sub 5 Less than Sub 6 15 or greater B-NEW NOTE Greatest dimension refers to the longest straight-line dimension of the handling unit as tendered for shipment. Analysis Research Project 1228 Research Project 1228 on automobile lifts, ramps or runways was initiated in April 2014 to address interpretation issues and to develop current information on the transportation characteristics of the involved products. The interpretation questions revolve around the proper application of items 17760, and 20230, and the distinctions between various lifts, ramps and runways especially the determination of whether or not a commodity is fully knocked down (KD), in compliance with Item (Rule) 110, Sec. 12(c). As part of the research, the CCSB mailed commodity questionnaires to 51 potential manufacturers or shippers, and eight trade associations believed to represent those manufacturers or shippers. An initial mailing went out in May 2014, and a second mailing was sent in July 2014 to non-respondents, inviting them to participate in the research. Of the companies contacted, six responded that they do not manufacture or ship the products, while three firms responded with usable information. There were no responses received from any of the associations. History of Provisions Item 17760, along with Note, item 17762, was established as a result of action taken on Docket 822, Subject 18 (March 1982) and first appeared in Supplement 11 to NMF 100-I, effective December 4, The information of record indicated a density of 9.9 pcf, along with a value per pound of $1.57 (in 1982 dollars). The provisions were further amended as a result of action taken on Docket 913, Subject 14 (May 1991) by amending the description to read electro-mechanical and the addition of Note, item Those changes first appeared in Supplement 3 to NMF 100-R, effective August 3, Subject 8, Page 2 of 8

47 SUBJECT 8 The provisions for automobile lifts or runways, as currently named in item 20210, were adopted from the rails in As a result of action taken on Special Docket No. 1 (issued July 20, 1949), the rating for set up (SU) products was altered to class 250. Further amendments and clarifications resulted from Docket 751, Subject 14 (January 1975), allowing for replacement parts and shipments in boxes or crates. Information of record indicated an average density of 21 pcf, with a value of $2.00 per pound (in 1975 dollars). Those changes first appeared in Supplement 11 to NMF 100-B, effective September 10, The provisions of item were established as a result of action taken on Docket 723, Subject 27 (May 1972) and first appeared in Supplement 20 to NMF 100, effective October 19, The current classes and subprovisions were established as a result of action taken on Docket 766, Subject 7 (September 1976) and first appeared in Supplement 1 to NMF 100-D, effective April 2, The provisions have remained substantially unchanged to the present. About Vehicle Lifts, Ramps or Runways Vehicle lifts are powered hoisting devices used to elevate the entire vehicle body (whether for servicing, inspection or storage) and then lower it. Information developed from research indicates vehicle lifts may be utilized for both highway and off-highway vehicles. There are numerous lifts on the market today for professional shops, commercial lots or garages, and home enthusiasts. Product options include 2-post or 4-post lifts, parking lifts, alignment lifts, and other specialty lifts. Alternatively, vehicle ramps or runways serve as inclines or planes and generally do not provide a lifting function, but may have mechanical height adjustment features. Depending on the specific size and model, they allow for underside inspection, service access, loading or display. Examples of the involved commodities are shown below and on the following page. LIFTS 2-Post 4-Post Parking Cantilever Subject 8, Page 3 of 8

48 SUBJECT 8 RAMPS OR RUNWAYS Car Ramp Display Trailer Plastic Transportation Characteristics Density The Information of record includes 14,859 density observations submitted by shippers and carriers, collected during 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 density of pcf. The frequency distribution is shown below. Frequency Distribution % of Figures in Interval 40.00% 30.00% 20.00% 10.00% 0.00% 0.00% 0.05% 0.30% 1.62% 3.18% 3.80% 3.54% 9.15% 32.64% 33.97% 11.74% 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 8, Page 4 of 8

49 SUBJECT 8 When the data is evaluated based on greatest dimension, where known, handling units with greatest dimension not exceeding 96 inches range in density from 1.79 to pcf, with an average density of pcf. The following table shows the data for handling units having greatest dimension not exceeding 96 inches when it is evaluated with a single density break at 15 pcf. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than or greater Handling units of vehicle lifts, ramps or runways with greatest dimension exceeding 96 inches range in density from 2.16 to pcf, with an average density of pcf. The table below shows the data for handling units having greatest dimension exceeding 96 inches when evaluated with a single density break at 15 pcf. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than or greater Handling The vast majority of the involved articles are shipped disassembled, although in some instances, ramps were reported to be shipped set up or assembled. Given the numerous designs, configurations and shapes, vehicle lifts, ramps or runways may be tendered in a variety of ways that can have an impact on the carrier s ability to safely handle the freight. They may be in boxes, bundles, strapped on a shipping rack, cradles, or lift truck skids or pallets. Units tendered in bundles or on lift truck skids or pallets may or may not have protective packaging, such as plastic film or fiberboard. Commodities equipped with sensitive instrumentation require additional care and attention during handling. Additionally, handling units may be marked with forklift instructions, directional arrows or labels such as Do Not Stack, Warning Do Not Lift From This End, Fork Here, among others 2. Where the greatest dimension exceeds 96 inches 3, additional equipment, such as fork extensions or additional personnel, may be necessary to safely handle the freight. Depictions of various shipping forms and manner of tender are shown on the following page. 2 Other labels that have been observed include Attention: Inspect and Note Any Damage Before Accepting Delivery, Units Tall and Awkward, Must Be Strapped Down, Block and Brace, Do Not Fork Here and Top Heavy. 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. Subject 8, Page 5 of 8

50 SUBJECT 8 Stowability When shipped in bundles or without protective packaging on lift truck skids or pallets, these units may present stowing concerns due to the lack of regular load-bearing surfaces. With lift assemblies weighing up to 500 pounds or more, most, if not all, will require floor loading. Moreover, handling units have been shown to exceed 96 inches in greatest dimension, while some shipments have been observed with a high clearance warning. In this regard, consideration must be given to stowing only compatible freight adjacent to these units if damage is to be avoided. Handling units with exposed edges have the potential to scuff, scratch, dent or otherwise damage adjacent freight. This can impede the carriers ability to structure a load and maximize vehicle utilization. Liability Vehicle lifts, ramps or runways are not perishable, susceptible to theft, nor hazardous in nature. However, when tendered in bundles or on lift truck skids or pallets without protective packaging, they may be susceptible to damage or more likely to damage adjacent freight. Only two value per pound figures were reported, $1.46 and $1.93. One shipper respondent indicated two and four claims, respectively, per year on two separate models. Reporting by NMFC item number, one carrier indicated claims ratios of 1.5% for item and 0.4% for Subject 8, Page 6 of 8

51 SUBJECT 8 item Reporting by customer, a second carrier indicated two damage claims for a 2.26% claims ratio for shipper 1, 0.75% for shipper 2, and 12.71% for shipper 3. Relationship to CCSB Policies and Guidelines CCSB policy calls for provisions to be as clear as possible to mitigate the potential for interpretation disputes, combining descriptions embracing related commodities and providing uniformity in provisions addressing the same or similar circumstances. There have been interpretation questions regarding the proper application of items 17760, and 20230, and the distinctions between various vehicle lifts, ramps and runways especially the determination of whether or not a commodity is fully knocked down (KD) in compliance with Item (Rule) 110, Sec. 12(c). Canceling items 17760, and with reference to a new item, as proposed, would address the interpretation issues and would be consistent with CCSB policy. CCSB policy also calls for provisions to reflect a commodity s known transportation characteristics and states that when commodities exhibit a wide range in densities, classes may be assigned based on density. Vehicle lifts, ramps or runways range in density from 1.39 to pcf, with an average of pcf. An average density of pcf is generally associated with class 70, which calls for a minimum average density of 15 pcf. However, CCSB policies also state that unusual or significant negative handling, stowing or liability characteristics may be contributing factors in the assignment of classes. In this instance, research has identified several significant negative handling, stowability and liability issues that must also be considered, in accordance with CCSB policies. These factors have been detailed in the analysis and include such issues as the need for floor-loading and the inability to tier shipments due to the lack of a flat load-bearing surface. Further handling and stowing difficulties are presented by these articles when tendered in handling units exceeding 96 inches in greatest dimension. Classification precedent has been to assign a higher class than that usually associated with density when unusual or significant handling, stowability and/or liability characteristics are identified. In view of the information of record, it would be in keeping with CCSB policy to establish provisions based on greatest dimension and density, as shown in the table on the following page 4. One set of classes predicated on greatest dimension not exceeding 96 inches with a density break at 15 pcf that are one-class higher than that called for by CCSB density guidelines would be established. A companion set of classes would be established for articles with greatest dimension exceeding 96 inches, also with a density break at 15 pcf, but two classes higher than that associated with the density guidelines. 4 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 8, Page 7 of 8

52 SUBJECT 8 Density Group (pcf) Average Density (pcf) Greatest Dimension Not Exceeding/ Exceeding 96 Class Based on CCSB Density Guidelines One-Class Adjustment for Greatest Dimension Not Exceeding 96 Two-Class Adjustment for Greatest Dimension Exceeding 96 Less than / or greater / Notes, items and would be canceled. A new, attendant Note, would be established, stating Greatest dimension refers to the longest straight-line dimension of the handling unit as tendered for shipment. These changes would be in keeping with CCSB policies with respect to clarification. This proposal is also consistent with classification precedent. As a result of action taken on Docket , Subject 1 (September 2013), item 86700, naming flat glass, was amended to provide classes based on greatest dimension of the handling unit as tendered for shipment, and density, with a one-class adjustment from CCSB guidelines where greatest dimension does not exceed 96 inches, and a two-class adjustment where greatest dimension exceeds 96 inches, reflecting the respective handling, stowing and liability considerations. The 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 8, Page 8 of 8

53 SUBJECT 9 Re: Toilets, chemical, decomposing, earth or incinerating type CCSB Contact: Nathan D. Ripke Telephone (703) ripke@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class Closets or Toilets, sanitary, chemical-type, NOI, see Notes, items and 48802, in boxes or crates NOTE Includes necessary equipment of cement, paper, paper holder and disinfectant if in same package with closet or toilet. When iron or steel underground tanks are used, tank may be shipped loose Closets or Toilets, sanitary, chemical-type, plastic, see Notes, items and 48802, in boxes or crates NOTE Also applies on chemical disinfectant if shipped in same package with closet or toilet Closets or Toilets, sanitary, decomposing type, with electric heating coil and fan, see Notes, items and 48802, in boxes NOTE Also applies on one bag of peat moss if shipped in same package with closet or toilet Closets or Toilets, sanitary, earth, with or without equipment of receptacles, see Note, item 48802, in boxes or crates Closets or Toilets, sanitary, incinerating type, gas or electric, see Note, item 48802, in boxes or crates NOTE Does not apply when combined with houses or structures for enclosing sanitary toilets or closets. Proposed Classification Provisions Item Description Class Closets or Toilets, sanitary, chemical-type, NOI, etc... Cancel; see item A-NEW NOTE Cancel; no further application Closets or Toilets, sanitary, chemical-type, plastic, etc... Cancel; see item A-NEW NOTE Cancel; no further application Closets or Toilets, sanitary, decomposing type, etc... Cancel; see item A-NEW NOTE Cancel; no further application Closets or Toilets, sanitary, earth, etc... Cancel; see item A-NEW Closets or Toilets, sanitary, incinerating type, etc... Cancel; see item A-NEW NOTE Cancel; see item B-NEW. Subject 9, Page 1 of 5

54 SUBJECT 9 Proposed Classification Provisions Concluded Item Description Class A-NEW Toilets, chemical, decomposing, earth or incinerating type, see Note, item B-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 or greater B-NEW NOTE Does not apply when combined with buildings or structures for enclosing toilets. Analysis Research Project 1222 Research Project 1222 on chemical, decomposing, earth or incinerating type toilets was initiated in April 2014 to determine the transportation characteristics of the involved products. During research, 43 potential manufacturers or shippers of chemical, decomposing, earth or incinerating type toilets, and six associations believed to represent those companies, were sent questionnaires in December 2014, and for those that did not respond, again in February 2015 inviting them to participate in the research. Of the companies contacted, three responded that they do not manufacture or ship the involved toilets, six questionnaires were returned as undeliverable, and two companies provided information. Two associations responded that they represent the involved companies, although no data was provided. One questionnaire sent to an association was returned as undeliverable, and no responses were received from the remaining associations. History of Provisions The basic provisions applying on sanitary, chemical type toilets, as described in item and Note, item 48782, and the basic provisions applying on sanitary, earth toilets, as described in item 48790, were adopted from the rails and first appeared in LTL-1, effective April 1, Note, item was later established as a result of action taken on Docket 109, Subject 23 (July 1963) to clarify that the involved provisions do not apply when combined with houses or structures for enclosing sanitary toilets. The changes first appeared in Supplement 3 to NMFC A-7, effective November 26, The provisions of item and Note, item were established as a result of action taken on Docket 741, Subject 5 (January 1974) to create a specific listing for plastic chemical type sanitary toilets. Information of record indicated a density range of 3.90 to 8.00 pcf, with an average density of 6.40 pcf. The average value per pound was $2.29 (in 1974 dollars). That proposal was approved as modified and class 125 was assigned. Concurrently, the provisions of item were updated to apply on chemical type sanitary toilets, NOI, with no class change. The changes first appeared in Supplement 13 to NMF 100-A, effective October 11, 1974, and the provisions have remained substantially unchanged to the present. Subject 9, Page 2 of 5

55 SUBJECT 9 The provisions of item were established as a result of action taken on Docket 776, Subject 27 (September 1977). That proposal was approved as modified and assigned class 85 to incinerating type sanitary toilets. Information of record indicated a density range of 9.70 to pcf, with an average density of pcf. The average value per pound was $5.51 (in 1977 dollars). The changes first appeared in Supplement 1 to NMF 100-E, effective May 5, 1978, and the provisions have remained substantially unchanged to the present. The provisions of item and Note, item were established as a result of action taken on Docket 792, Subject 1(March 1979). That proposal was approved as modified and provided a specific entry for sanitary, decomposing type toilets at class 100. Information of record indicated an average density of 9.80 pcf and an average value of $6.25 per pound (in 1979 dollars). The changes first appeared in Supplement 9 to NMF 100-F, effective October 13, The provisions have remained substantially unchanged to the present. About Chemical, Decomposing, Earth or Incinerating Type Toilets The involved toilets can be used anywhere that a conventional sewer or septic system is not available or is impractical. They require little or no water to function and use a variety of alternative technologies to sterilize and store human waste. Examples of the involved products are shown below. Chemical Decomposing Incinerating Subject 9, Page 3 of 5

56 SUBJECT 9 Transportation Characteristics Density The information of record includes 566 density observations submitted by shippers and obtained from the CCSB s Density Study 1. The products range in density from 1.56 to pcf, with an average density of 6.59 pcf. The frequency distribution is shown below. Frequency Distribution % of Figures in Interval 50.00% 40.00% 30.00% 20.00% 10.00% 0.00% 41.17% 16.61% 13.25% 10.60% 9.89% 5.65% 0.00% 1.59% 1.24% 0.00% 0.00% Density Intervals (pcf) When the data is evaluated on the basis of the proposed density break at 6 pcf, the following ranges and averages are calculated. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than or greater Handling and Stowability Chemical, decomposing, earth or incinerating type toilets are generally tendered in fiberboard boxes on lift truck skids or pallets and do not present any unusual or significant negative handling or stowability concerns. Liability The involved articles are not perishable, unusually susceptible to theft, unusually liable to damage and would not appear likely to damage other freight. One shipper reported a value per pound of $11.27, and a second shipper reported a value of $21.35 per pound. The remaining liability elements do not significantly impact the evaluation of these products. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 9, Page 4 of 5

57 SUBJECT 9 Relationship to CCSB Policies and Guidelines CCSB policy calls for combining descriptions embracing related commodities, and removing outdated terminology in the interest of simplification and uniformity. This proposal would cancel the separate provisions for chemical, decomposing, earth or incinerating type toilets and combine the related commodities in a new item. The new listing would provide updated terminology by removing the words closets and sanitary within the commodity description. CCSB policy also calls for classification provisions to reflect a commodity s known transportation characteristics. The information of record for chemical, decomposing, earth or incinerating type toilets indicates densities ranging from 1.56 to pcf, with an average density of 6.59 pcf, and no unusual or significant negative handling, stowability or liability characteristics. Per CCSB density guidelines, an average density of 6.59 pcf is generally associated with class 150, which calls for a minimum average density of 6 pcf. However, when commodities exhibit a wide range in densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. This proposal would create a single item for the involved articles, with a break at 6 pcf 2. As shown in the table below, the class assignments would reflect the average density of each respective grouping. Density Group (pcf) Average Density (pcf) Class Based on CCSB Density Guidelines CCSB Minimum Average Density Guideline (pcf) Less than or greater Concurrently Notes, items 48782, and would be canceled with no further application. Note, item would be canceled and reestablished as a new Note, referenced by the new item. Precedent for this approach can be found in Docket , Subject 8 (January 2014), involving bread crumbs or croutons. Due to the lack of significant negative handling, stowability or liability considerations, density was determined to be the primary transportation characteristic. As such, the provisions of items and were combined with a single density break at 10 pcf, with classes based on the respective average densities and density guidelines. That proposal was approved as docketed, and the provisions first appeared in Supplement 1 to NMF 100-AN, effective April 19, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. 2 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 9, Page 5 of 5

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59 SUBJECT 10 Re: Potato Sticks (Shoestring Potatoes) CCSB Contact: Allison L. Austin Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FOODSTUFFS GROUP: subject to item Potatoes, other than potato chips, cooked or dried and diced, powdered, shredded or sliced, without other ingredients, or with other ingredients in same inner retail package, in boxes, in Packages 128 or 2185, or in bulk in bags * Snack Foods, flavored or not flavored, viz.: Chips, Puffs, Sticks or Twists, NOI; [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: 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. * Published in Supplement 2 to NMF 100-AO, issued on July 23, 2015 with an effective date of August 22, Proposed Classification Provisions Item Description Class FOODSTUFFS GROUP: subject to item Potatoes, cooked or dried and diced, powdered, shredded or sliced, see Note, item NEW, without other ingredients, or with other ingredients in same inner retail package, in bags, boxes or Packages 128 or No Change NEW NOTE Does not apply on potato chips, crisps or sticks. For applicable provisions, see item Subject 10, Page 1 of 4

60 SUBJECT 10 Proposed Classification Provisions Concluded Item Description Class FOODSTUFFS GROUP: subject to item Snack Foods, flavored or not flavored, viz.: Chips, Puffs, Sticks or Twists, NOI; Potato Sticks (Shoestring Potatoes); [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: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE No Change. Analysis Research Project 1242 This proposal is based on information developed through Research Project 1242, which was initiated in November 2014 to address interpretation issues and investigate the transportation characteristics of potato sticks (shoestring potatoes). As part of the research, 26 potential manufacturers or shippers of potato sticks, and three trade associations believed to represent those companies, were sent commodity questionnaires in January, and for non-respondents, again in March of 2015, inviting them to participate in the research. From this sampling, one company responded that they did not manufacture or ship the involved articles, one reported that they did not ship their products via less-than-truckload (LTL) motor carrier, one responded affirmatively but did not provide information, and two companies provided usable information. No response was received from the associations contacted. About Potato Sticks Potato sticks, also called shoestring potatoes, are potatoes that have been sliced julienne style and fried. They may or may not contain seasoning and are typically categorized with potato chips and other convenience snack foods. Subject 10, Page 2 of 4

61 SUBJECT 10 The CCSB has consistently held that these articles are properly classified under the provisions of item 74450, naming Potatoes, other than potato chips, cooked or dried and diced, powdered, shredded or sliced, without other ingredients, or with other ingredients in same inner retail package, although, given their shape as a stick and marketing as a snack food, others have suggested the application of item 74800, naming Snack Foods, flavored or not flavored, viz.: Chips, Puffs, Sticks or Twists, NOI. Transportation Characteristics Density The information of record for potato sticks includes 392 density observations submitted by shippers and a carrier, collected during a CCSB dock survey and obtained from the CCSB s Density Study 1. The products range in density from 2.41 to pcf, with an average of 7.06 pcf. The frequency distribution is shown below. % of Figures in Interval 50.00% 40.00% 30.00% 20.00% 10.00% 0.00% Frequency Distribution 49.49% 28.32% 13.78% 5.36% 0.00% 0.00% 2.04% 0.51% 0.51% 0.00% 0.00% Density Intervals (pcf) Handling and Stowability Potato sticks are typically tendered in fiberboard boxes on lift truck skids or pallets. They may also be shipped in cans within fiberboard trays unitized on lift truck skids or pallets. As with other food, care must be taken to avoid stowing the involved commodities with hazardous materials or other freight that may pose a contamination risk. However, no significant handling or stowability issues have been reported. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 10, Page 3 of 4

62 SUBJECT 10 Liability Potato sticks are not likely to damage other freight, but they may be damaged by freight with which stowed or by the elements. As with other foodstuffs, these products require extra care or attention to avoid contamination. Responding shippers report two to four claims annually. There have been no indications from carriers of a claims issue. Only two value per pound observations, $1.67 and $1.88, were reported. Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classifications for commodities that are a source, or potential source, of interpretation disputes so as to eliminate or avoid those disputes. CCSB policy also calls for provisions to reflect a commodity s known transportation characteristics. Over the years, the CCSB has received several interpretation inquiries regarding the applicable provisions for potato sticks. The CCSB has consistently held the provisions of item applicable; however, interpretation questions still persist. Additionally, information on this record shows that potato sticks range in density from 2.41 to pcf, with an average density of 7.06 pcf. While potato sticks meet the current requirements of item 74450, the average density of 7.06 pcf is inconsistent with the assigned class 65, which under CCSB guidelines calls for a minimum average density of 22.5 pcf. Furthermore, the involved articles are generally marketed and sold with other potato-based snacks, such as potato chips or crisps. Therefore, this proposal would amend the description of item to specifically name Potato Sticks (Shoestring Potatoes), which would address the interpretation issues, while grouping the products with related commodities 2. A similar approach was taken on Docket , Subject 10 (January 2015), involving fruit or vegetable chips or crisps. Fruit or vegetable chips or crisps were categorically comparable to other types of chips or crisps named in item 74800, and they also exhibited similar transportation characteristics. As with potato sticks, while individually the density range 2.40 to pcf and distribution may not have suggested full-scale density provisions, the larger snack food category was shown to have a broader distribution of densities. As such, to address interpretation issues and group related commodities together, the description of item was amended to add a listing for Fruit or Vegetable Chips or Crisps. That proposal was approved as docketed, and the provisions first appeared in Supplement 1 to NMF 100-AO, effective April 18, This proposal would concurrently amend the description of item for simplification, and an attendant Note to item would be established to clarify that its provisions do not apply on potato chips, crisps or sticks, and to direct the Classification user to item for applicable provisions, as proposed. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. 2 Item provides the CCSB s standard 11-subprovision density scale, which includes reference to Item (Rule) 170, the inadvertence clause, and Item (Rule) 171, the bumping privilege. Subject 10, Page 4 of 4

63 SUBJECT 11 Re: Stump Grinders, including Stump Grinding Attachments CCSB Contact: William F. Mascaro Telephone (703) Shannon C. Allard (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item Machinery or Machines, NOI, or Machinery or Machine Parts, NOI: Sub 1 In boxes, crates or Packages 107, 1082 or 2107, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 8 but less than Sub 4 15 or greater Sub 5 On skids or in packages other than boxes, crates or Packages 107, 1082 or 2107, subject to Item 170 and having a density in pounds per cubic foot of: Sub 6 Less than Sub 7 8 but less than Sub 8 15 or greater Proposed Classification Provisions Item Description Class A-NEW Sub 1 MACHINERY GROUP: subject to item Cutters or Grinders, stump, see Note, item B-NEW: In boxes or crates, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 8 but less than Sub 4 15 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 8 but less than Sub 8 15 or greater B-NEW NOTE Also applies on Stump Cutter or Grinder Attachments for tractors or vehicles Machinery or Machines, NOI, etc... No Change Subject 11, Page 1 of 6

64 SUBJECT 11 Analysis Research Project 1194 This proposal is based on information developed through Research Project 1194, which was initiated in August of 2013 to investigate the transportation characteristics of stump grinders, including stump grinding attachments, in response to interpretative issues. As part of the research, the CCSB mailed commodity questionnaires to 55 potential manufacturers or shippers and 15 trade associations believed to represent those manufacturers or shippers, inviting them to participate in the research. The surveys were mailed in October of 2013, and again in January of 2014 to those that did not respond to the initial mailing. From this sampling, one of the shipper questionnaires was returned as undeliverable, two companies responded that they did not manufacture or ship the involved articles, one company indicated that they were a manufacturer, but did not ship via LTL service. Ten companies provided information, although not all of the responding companies provided information on the transportation characteristics of their products. Four associations indicated that they did not represent manufacturers or shippers of the involved articles, and one forwarded the survey to their members. No responses were received from the other associations. About Stump Cutters or Grinders The involved research encompasses stump cutters or grinders and stump cutter or grinder attachments which can vary in configuration. Stump cutters or grinders are machines used to reduce tree stumps to ground level. They may be powered by an internal combustion engine or via a tractor power take-off (PTO). To remove the tree stump, stump cutters or grinders utilize a cutting wheel that is lowered over the stump and grinds or chips away the stump until it is reduced to the desired height. The CCSB has consistently held that these articles are properly classified under the provisions of item , naming Machinery or Machines, NOI, although others have suggested the application of item 8920, naming Agricultural Implements, other than hand, NOI, especially for stump cutters or grinders designed to be attached to a tractor or vehicle. The pictures below and on the next page depict different types of stump cutters or grinders and varying stump cutter or grinder attachments. Subject 11, Page 2 of 6

65 SUBJECT 11 Transportation Characteristics Density The information of record is based on data submitted by shippers and carriers and obtained from the CCSB s Density Study 1. Combined, these sources yield 38 density observations on articles reported to be stump cutters or grinders, which result in a density range from 4.46 to pcf, with an average density of 9.15 pcf. The graph below provides the frequency distribution of the known density observations. The data can be divided into three density groupings of less than 8 pcf, 8 but less than 15 pcf, and 15 pcf or greater. Frequency Distribution % of Figures in Interval 30.00% 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% 26.32% 23.68% 15.79% 13.16%10.53% 7.89% 2.63% 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 11, Page 3 of 6

66 SUBJECT 11 The table below provides an evaluation of the data on the basis of the three proposed density groupings, which results in the following ranges and averages. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater Handling Information of record indicates that the involved stump cutters or grinders are tendered either fully enclosed within a box on a lift truck skid or pallet, in a crate, or secured on a lift truck skid or pallet with little or no protective packaging. Handling would be similar to other like-packaged freight. Examples of stump cutter or grinders as tendered for shipment are shown below. Stowability The stowability of stump cutters or grinders will vary depending upon the manner in which they are tendered for shipment. In general, these articles will require floor loading. When tendered in a box or crate, a flat load-bearing surface will typically be present for loading other freight on top, and there will 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 stump cutters or grinders are tendered secured on lift truck skids or pallets without being boxed or crated, they may pose some negative stowability considerations. Articles tendered in this manner will generally lack 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. Additionally, stump cutters or grinders may have protrusions and exposed surfaces or edges that can limit the type of freight that may safely be loaded adjacent to them. In the LTL environment, this means that carriers will either not be able to load other freight on top of or adjacent to the unit, or that they will have to employ the use of load decks and/or dunnage, resulting in an associated increase in time necessary to properly structure the load. Subject 11, Page 4 of 6

67 SUBJECT 11 Liability Stump cutters or grinders 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. 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 on lift truck skids or pallets with little or no protective packaging. In addition to having an impact on susceptibility to damage, the manner in which a particular stump cutter or grinder is tendered for shipment will also have an impact on its propensity to damage other freight. Stump cutters or grinders shipped with little or no protective packaging may have exposed edges or protrusions that can puncture, mar or otherwise damage adjacent freight. Also, shipments loaded in a vehicle are generally supported by adjacent freight. When these articles are tendered on lift truck skids or pallets without being boxed or crated, they may not provide sufficient lateral support for adjacent freight, which can result in damage to either the article itself or the adjacent freight. However, there is no indication of a claims problem. The information of record on the value of stump cutters or grinders indicates a range from $3.75 to $14.17 per pound, with an average value of $8.28 per pound. Relationship to CCSB Policies and Guidelines CCSB policy calls for provisions to be as clear as possible to mitigate the potential for interpretation disputes. Interpretation questions have arisen over determining whether a stump cutter or grinder is classified under the provisions of item as a piece of machinery or a machine, or item 8920 as an agricultural implement. This proposal would address the interpretation issue by establishing a specific provision for stump cutters or grinders under the Machinery Group, in accordance with CCSB policy. CCSB policy also calls for provisions to reflect a commodity s known transportation characteristics. Information of record has found densities for the involved articles ranging from 4.46 to pcf, with an average density of 9.15 pcf. CCSB policy states that when commodities or commodity groups exhibit a wide density range not accurately reflected by a single overall average density, density-based classes may be established. As shown in the table below, the data can be divided into three density groupings of less than 8 pcf, 8 but less than 15 pcf, and 15 pcf or greater, with classes reflective of the average density of each respective 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 CCSB policy further states that unusual or significant negative handling, stowability or liability characteristics may be contributing factors in the assignment of classes. When stump cutters or grinders are tendered in boxes or crates, negative handling, stowing or liability Subject 11, Page 5 of 6

68 SUBJECT 11 considerations are greatly mitigated. Most boxes or crates provide a flat load-bearing surface and allow the carrier to safely load freight adjacent to them. Articles tendered in boxes or crates also typically provide greater protection against damage to the article itself and to other freight. Negative stowability and liability concerns have been detailed in this analysis when stump cutters or grinders are tendered in packages other than boxes or crates. These concerns include factors such as the lack of a load-bearing surface for top freight and lack of lateral support for adjacent freight when the stump cutter or grinder is not tendered fully enclosed within a box or crate. Stump cutters or grinders tendered in this manner may also be more susceptible to damage and likely to damage other freight. Based on the identified stowing and liability concerns, classification precedent has been to assign classes higher than those provided by the CCSB density guidelines. This proposal would establish classes based on packaging and density 2, with a one-class adjustment for those stump cutters or grinders in packages other than boxes or crates, as shown in the table below. Density Group (pcf) Average Density (pcf) Class Based on CCSB Density Guidelines Class Adjustment Based on Stowability and Liability Considerations Less than but less than or greater Additionally, a new Note would be established to provide clarity that the item also applies on stump cutter or grinder attachments for tractors or vehicles. Precedent for this approach can be found on Docket , Subject 5 (January 2013) involving laundry washers or washer-extractors, other than household, as named in item Density was determined to be the primary transportation characteristic when washers or washer-extractors were shipped in boxes, crates or Packages 1022 or 2426 (which are boxtype packages). When tendered in other packages, the washers or washer-extractors were generally not as well protected as when in boxes, crates or Packages 1022 or 2426 and thus presented additional stowing and liability concerns. Accordingly, classes were predicated on packaging and density, assigning one class higher for washers or washer-extractors tendered for shipment in packages other than boxes, crates or Packages 1022 or That proposal was approved as docketed, and the provisions first appeared in Supplement 1 to NMF 100- AM, effective April 20, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. 2 Both sets of classes would include reference to Item (Rule) 170, the inadvertence clause. Subject 11, Page 6 of 6

69 SUBJECT 12 Re: Grease Traps or Interceptors CCSB Contact: George M. Beck Telephone (703) Matthew S. Erim (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item Traps, grease or gas, brass body, in boxes or crates Traps, grease or gas, iron or steel body, in packages Proposed Classification Provisions Item Description Class CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item Traps, drain or sink (Sewer Gas Traps), brass body, in boxes or crates... No Change Traps, drain or sink (Sewer Gas Traps), iron or steel body, in packages... No Change A-NEW Traps or Interceptors, grease, see Note, item B-NEW, in packages, 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 B-NEW NOTE Applies on devices designed to intercept greases, fats and oils before they enter a wastewater disposal system. Analysis Research Project 1224 Research Project 1224 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 currently 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 Subject 12, Page 1 of 6

70 SUBJECT 12 information. 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. History of Provisions The provisions for the involved items were adopted from the rails and first appeared in LTL-1, effective April 1, The provisions of item have remained substantially unchanged to the present. The current class 60 in item was established as a result of action taken on Special Docket No. 1 (issued July 20, 1949) and first appeared in NMFC A-1, effective July 10, The provisions have remained substantially unchanged to the present. 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 iron, steel, plastic or concrete, and can range in size from small in-kitchen units to larger in-ground traps. Examples of grease traps or interceptors are below. 1 (accessed October 2014) Subject 12, Page 2 of 6

71 SUBJECT 12 The illustration 2 below demonstrates how typical grease traps or interceptors function. While this illustration depicts an in-ground unit, smaller kitchen units function in a similar manner. Sewer gas traps, which were not included in the research and are not involved in this proposal, refer to a component in a waste pipe that prevents or minimizes the escape of sewer gases into a building, and are also commonly referred to as sink or drain traps. Although items and incorporate both grease and gas traps, these are two distinct commodities. Examples of sewer gas traps, or sink or drain traps, are below. 2 (accessed March 2015) Subject 12, Page 3 of 6

72 SUBJECT 12 Transportation Characteristics Density The information of record on grease traps or interceptors includes 33 density observations submitted by shippers and carriers, observed during a CCSB dock survey and obtained from the CCSB s Density Study 3. The densities range from 2.58 to pcf, with an average density of 6.59 pcf. The frequency distribution is shown below. Frequency Distribution % of Figures in Interval 40.00% 30.00% 20.00% 10.00% 0.00% 36.36% 36.36% 12.12% 3.03% 3.03% 6.06% 3.03% 0.00% 0.00% 0.00% 0.00% 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 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 6

73 SUBJECT 12 Handling and Stowability The limited information available relating to packaging indicates that grease traps or interceptors are usually shipped in boxes securely fastened to lift truck skids or pallets, such as in the photo on the right. 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. The value per pound ranges from $8.55 to $40.00, with an average value of $17.81 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. The CCSB has received interpretation inquiries regarding the applicable provisions for grease traps or interceptors. Research suggests a clear distinction between grease traps or interceptors and gas, sink or drain traps, with the function of these commodities differing significantly, which has contributed to interpretation problems. As such, to address the interpretation issues, it would be within CCSB policy to separate these commodities into different items. Under this proposal, the reference to grease in items and would be removed, and a new item under the Conduits, Other Than Earthen, Group for Traps or Interceptors, grease would be established. Furthermore, the commodity currently described as a gas trap would be more practically described as a drain or sink trap, consistent with current trade nomenclature. Therefore, it would be within CCSB policy to amend items and to read Traps, drain or sink (Sewer Gas Traps), with no class change. CCSB policies also call for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. The information of record for grease traps or interceptors shows these products have a density range from 2.58 to pcf, with an average density of 6.59 pcf, and no unusual or significant handling, stowability or liability characteristics. Under CCSB guidelines, an average density of 6.59 pcf is generally associated with a class 150, which calls for a minimum average density of 6 pcf. However, when commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. 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 4, with classes reflective of the average density of each grouping. 4 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 12, Page 5 of 6

74 SUBJECT 12 Density Group (pcf) Average Density (pcf) Class Based on CCSB Density Guidelines CCSB Minimum Average Density Guideline (pcf) Less than but less than or greater Precedent for this approach can be found in Docket , Subject 5 (May 2012), involving fuel pumps or fuel senders, 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. While the densities were distributed throughout the range of 0.66 to pcf, two density breaks at 6 pcf and 12 pcf were proposed to provide a more accurate representation of the identified range in density. That proposal was approved as docketed, and the provisions first appeared in Supplement 2 to NMF 100-AL, effective July 21, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. Subject 12, Page 6 of 6

75 SUBJECT 13 Re: Carriers, Slings or Pallets, paper or paperboard combined with whole or halved paper or paperboard tubes CCSB Contact: Erin N. Topper Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CARRIERS, SHIPPING, GROUP: subject to item Slings or Pallets, paper combined with whole or halved paper tubes, in packages Proposed Classification Provisions Item Description Class CARRIERS, SHIPPING, GROUP: subject to item Slings or Pallets, paper combined with whole or halved paper tubes, etc... Cancel; see item NEW PALLETS GROUP: subject to item NEW Carriers or Pallets, flexible intermediate bulk container, constructed of corrugated fiberboard, paperboard or pulpboard sheets with halved fiberboard, paperboard or pulpboard tubes, assembled or unassembled, in packages, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 6 but less than Sub 3 12 or greater Analysis Research Project 1223 This proposal is based on information developed through Research Project 1223 on paper or paperboard carriers, slings or pallets, as named in item 41400, which was initiated in April of 2014 due to information indicating that the current class 100 may no longer be reflective of the transportation characteristics of these products, as well as questions as to what is a sling. Subject 13, Page 1 of 4

76 SUBJECT 13 In conjunction with the project, questionnaires were mailed to 86 potential manufacturers or shippers of the involved products and eight associations believed to represent those manufacturers or shippers, in April and June of From those mailings, no usable information was received from any of the manufacturers or shippers; and six companies 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 established as a result of action taken on Docket 73, Subject 32 (March- April, 1956). Information from that proposal indicated a density of 10 pcf and a value of 11 cents per pound (in 1956 dollars). That proposal was approved as modified, and the item was first published in Supplement 7 to NMFC A-3, effective December 6, As a result of action taken on Docket 120, Subject 9 (September, 1965) the description of item was amended, with no change to the applicable class. That proposal was approved as modified, and the changes first appeared in NMFC A-9, effective September 21, The item has remained substantially unchanged to the present. About the Involved Carriers or Pallets Item names slings or pallets; however, current product information shows the involved products are now represented as carriers or pallets. The carriers or pallets are constructed using a corrugated fiberboard, paperboard or pulpboard sheet with halved fiberboard, paperboard or pulpboard tubes, as shown in the photo on the left. (There is no indication that whole tubes, currently referenced in the item description, are still being used.) These products are specifically designed for the handling and storage of flexible intermediate bulk containers (FIBCs). The design permits handling with mechanical equipment, like a conventional lift truck skid or pallet, while helping to maintain load stability when multiple units are stacked one on another. Transportation Characteristics Density The information of record includes 50 density observations obtained from the CCSB s Density Study 1, which range from 2.08 to pcf, with an average density of 9.73 pcf. The frequency distribution shown on the following page illustrates that the densities are distributed throughout the range, but 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 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 13, Page 2 of 4

77 SUBJECT 13 Frequency Distribution % of Figures in Interval 30.00% 20.00% 10.00% 0.00% 0.00% 0.00% 14.00%14.00% 10.00% 28.00% 8.00% 4.00% 22.00% 0.00% 0.00% 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 and Stowability Information contained in the CCSB s historical files shows the carriers or pallets with the halved tubes were shipped unassembled with the sheets separately unitized from the nested halved tubes. Each handling unit was secured with strapping and no handling or stowing considerations were noted. Information found on the Internet shows the carriers or pallets may be shipped assembled, as shown on the right, or unassembled (in kit form). There are no indications of negative handling or stowing characteristics. Liability The involved products are not unusually susceptible to damage, although care should be taken to prevent exposure to excessive moisture. No value or claims information was obtained on these products. Subject 13, Page 3 of 4

78 SUBJECT 13 Relationship to CCSB Policies and Guidelines CCSB policy calls for adding commonly used terminology to descriptions to identify commodities, replacing outdated terminology in commodity descriptions with current terminology and listing items under appropriate generic headings. Based on the information found during research, the term sling is not used when referring to these carriers or pallets. In addition, these carriers or pallets are specifically used for unitization of flexible intermediate bulk containers (FIBCs). Therefore, it would be in keeping with CCSB policies to cancel item with reference to a new item, under the Pallets Group, naming Carriers or Pallets, flexible intermediate bulk container, which is further defined by material construction. CCSB policy also calls for classification provisions to reflect a commodity s known transportation characteristics. Based on the information of record, the density ranges from 2.08 to pcf, with an average density of 9.73 pcf. An average density of 9.73 pcf is generally associated with the current class 100, based on CCSB guidelines. However, when commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. The table below shows the results of an evaluation of the data of record based on the proposed density breaks at 6 and 12 pcf. Density Group (pcf) Average CCSB Minimum Average Class Based on CCSB Density (pcf) Density Guideline (pcf) Density Guidelines Less than but less than or greater Since there are no apparent negative handling, stowing or liability characteristics, it would be within CCSB policy to provide classes predicated on density, with a density breaks at 6 and 12 pcf 2. Classification precedent can be found in item 81170, naming metal or wood desks. As a result of action taken on Docket , Subject 7 (May, 2011), item was established with classes based on two density breaks 6 and 12 pcf reflective of the respective average densities and density guidelines. That proposal was approved as docketed, and the provisions first appeared in Supplement 2 to NMF 100-AK, effective July 23, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. 2 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 13, Page 4 of 4

79 SUBJECT 14 Re: Animal, Bird, Fish or Insect Traps, including Hog Traps CCSB Contact: Nathan D. Ripke Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FARM EQUIPMENT GROUP: subject to item Traps, hog: Sub 1 KD flat Sub 2 Other than KD flat, in packages Traps, bird, fish, insect or other animal life, NOI, including Electric Insect-Killing Devices, in boxes or crates, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 or greater Proposed Classification Provisions Item Description Class FARM EQUIPMENT GROUP: subject to item Traps, hog, etc.... Cancel; see item Traps, animal, bird, fish or insect, NOI, including Electric Insect-Killing Devices, 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 Subject 14, Page 1 of 4

80 SUBJECT 14 Analysis Research Project 1239 Research Project 1239 on hog traps was initiated in October 2014 to address interpretation issues regarding the application of item and to determine the transportation characteristics of the involved products. During the course of the project, 29 potential manufacturers or shippers of hog traps, and four associations believed to represent those companies, were sent questionnaires in December 2014, and for those that did not respond, again in February 2015 inviting them to participate in the research. Of the companies contacted, three responded that they do not manufacture or ship hog traps, and three companies provided information. Two associations responded that they do not represent the involved companies. One questionnaire sent to an association went unclaimed, and no response was received from the remaining association. History of Provisions Provisions for hog traps were adopted from the rails and first appeared in LTL-1, effective April 1, The current class assignments were the result of action taken on Special Docket No. 1 (issued July 20, 1949), and first appeared in NMFC A-1, effective July 10, The provisions have remained substantially unchanged to the present. The current provisions of item are the result of action taken on Docket 891, Subject 7 (February 1989) to consolidate entries in the Classification applying on bird, fish, insect or other animal life traps, or killing devices into one item with classes based on the standard nine-subprovision density scale. Information from that record shows the densities for the involved traps ranged from 0.75 to pcf. No average density was reported. The record also indicated that the traps did not have any negative handling, stowability or liability characteristics. Approved as modified, the provisions first appeared in Supplement 10 to NMF 100-O, effective March 30, 1989, and have remained substantially unchanged to the present. About Hog Traps Hog traps are cage-like structures used to capture farm or feral hogs. The traps are primarily composed of metal framing and wire and are comparable in function to traps used to capture other animal life. Examples of hog traps are shown below. Subject 14, Page 2 of 4