DOCKET FEBRUARY 2018

Transcription

1 DOCKET FEBRUARY 2018 A public meeting on National Motor Freight Classification provisions will be held on February 13, 2018 at: Hyatt Regency Newport Beach 1107 Jamboree Road Newport Beach, California newportbeach.regency.hyatt.com ISSUED: January 11, 2018

2 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET On Tuesday, February 13, 2018, 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 Hyatt Regency Newport Beach, 1107 Jamboree Road, Newport Beach, California 92660, commencing at 11:00 am Pacific Time. Section I of this docket provides the CCSB analyses for proposed amendments that will be considered at the meeting. Each analysis includes the full text of the proposal, the CCSB contact and the identity of the proponent. Section II of this docket provides notice of classification changes made necessary by law, by order of a regulatory body, or for clarification, simplification or uniformity. The symbol indicates a proposed classification change. The symbol indicates that the commodities may be subject to federal regulations concerning the shipping of hazardous materials. The symbol indicates a registered trade name or registered trademark. The symbol indicates a trademark. Public Docket Files Supporting data and other relevant information pertaining to each proposal in Section I herein are contained in a Public Docket File. The public files are available online without charge at They are organized by docket and subject numbers. Commodity Classification Standards Board ccsb@nmfta.org Chairman Joel L. Ringer Vice Chairman William F. Mascaro Member Allison L. Austin 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 may attend the meeting on February 13, 2018 and/or communicate that interest in writing by mail, or fax prior to the meeting. Such Interested Persons will be notified of the CCSB s disposition of the proposal. To become a Party of Record to a proposal herein, one must communicate an interest in writing by mail, or fax, and must submit pertinent information relating to the transportation characteristics of the product(s) involved, or relevant to packaging materials or methods in connection with proposed packaging amendments, and it must be received no later than 5:00 pm Eastern Time, February 2, Parties of record will be notified of the CCSB s disposition of the proposal and will be entitled to seek reconsideration should they disagree with that disposition. Written submissions received by 5:00 pm Eastern Time, February 2, 2018, will be included in the respective public docket file and posted on our website. The CCSB s decision on each proposal will be based on the information in the public docket file. Statements and other materials received by the CCSB after 5:00 pm Eastern Time, February 2, 2018, will not be part of the public docket file. Our address is: Commodity Classification Standards Board, 1001 North Fairfax Street, Suite 600, Alexandria, Virginia 22314, and our fax number is: Written statements may also be ed to the CCSB contact involved. To schedule an appearance at the meeting, or if you require further information, please get in touch with the CCSB contact. Anyone requesting assistance in accordance with the Americans with Disabilities Act will be accommodated. The CCSB s policies and procedures as well as other information on the CCSB and the National Motor Freight Traffic Association are available online at Amendments to the National Motor Freight Classification resulting from the proposals in this docket will be published in a supplement to the NMFC, unless reconsideration is granted in accordance with the CCSB s rules. The supplement is scheduled to be issued on March 29, 2018, with an effective date of April 28, Future CCSB Dockets Docket Docket Docket Closing Date April 12, 2018 August 16, 2018 Docket Issue Date May 10, 2018 September 13, 2018 Deadline for Written Submissions and to Become a Party of Record June 1, 2018 October 4, 2018 CCSB Meeting Date June 12, 2018 October 16, 2018 Dates are as currently scheduled and subject to change. For up-to-date information, go to Page ii

4 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET INDEX OF SUBJECTS (PROPOSALS) DESCRIPTION SUBJECT DESCRIPTION SUBJECT A Air Cleaners or Air Filtering Machines, electrostatic or mechanical Arch Supports or Arch Support Insoles, boot or shoe B Bakeware, aluminum... 6 Balls, billiard or pool, ivory Birdseed or Bird Food Borax (Sodium Borate)... 9 Boxes, storage, pickup truck bed, plastic C Cabinets, computer component security, lockable, metal... 7 Capsules, dosage, empty Cars, motor, not designed for general highway use... 8 Cartridges, ink, dry ink or toner, copier, printer or fax machine... 1 Chairs, laminated wood Coffee Makers or Coffee or Hot Water Urns... 4 Coils, stoneware, condensing or distilling Compressors, refrigeration or air conditioning... 3 Cookware, aluminum... 6 D Developer, copying machine toner... 1 Doors, shower or bathtub, glass or plastic... 5 Dry Ink, copier, printer or fax machine... 1 E Enclosures or Enclosure Sections, shower or bathtub, glass or plastic... 5 F Fireplace Inserts G Games, NOI, metal I Ice Breaking, Crushing, Shaving or Shredding Machines Ink, copier, printer or fax machine... 1 Insoles, boot or shoe K Knob Tops, door or drawer, pottery L Lift Trucks, motor... 8 M Moss, Iceland O Organizers, storage, pickup truck bed, plastic P Package Pickup Truck Bed Storage Boxes or Organizers, plastic Pins, husking Pins, potters Pottery, gold or silver deposit Privacy Partitions or Stalls, toilet, urinal or shower... 2 S Saggers, pottery Spermaceti Spurs, potters Stall Partitions, toilet, urinal or shower... 2 Stilts, potters Sweeteners, including Sugar Alcohols T Teletypewriters, Telegraph Instruments or Parts thereof, used Toner, copier, printer or fax machine... 1 Tools, power, other than power hand tools Toys, NOI, metal Tugs or Tuggers, motor, used to push or pull heavy wheeled equipment or vehicles... 8 Page iii

5 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET INDEX OF SUBJECTS (PROPOSALS) DESCRIPTION SUBJECT DESCRIPTION SUBJECT V Vehicles, motor, not designed for general highway use... 8 W Worms, stoneware, condensing or distilling Page iv

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7 SUBJECT 1 Re: Ink or Toner, copier, printer or facsimile (fax) machine, including Ink or Toner Cartridges CCSB Contact: William F. Mascaro Telephone (703) mascaro@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class INK AND RELATED MATERIALS GROUP: subject to item Developer, copying machine toner, in boxes Ink, Dry Ink or Toner, see Note, item : Copying machine: Sub 1 In cartridges with drum, toner and developer unit combined, in boxes Sub 2 In cartridges without drum, toner and developer unit combined, bottles or other inner containers in boxes; or in bulk in drums Laser printer or facsimile (fax) machine: Sub 1 In cartridges with drum, toner and developer unit combined (Toner Sub 2 Cartridges, including Optical Photo Cartridges), in boxes In inner containers other than cartridges with drum, toner and developer unit combined, in boxes; or in bulk in drums NOTE Does not apply on used toner cartridges being returned for recycling or disposal. See item for applicable provisions Toner Cartridges, copying machine, laser printer or facsimile (fax) machine, used, being returned for recycling or disposal, see Note, item , in packages NOTE Applies on toner cartridges being returned for recycling or disposal that contain a residue of the original ink or toner. THIS SPACE INTENTIONALLY LEFT BLANK Subject 1, Page 1 of 7

8 SUBJECT 1 Present Classification Provisions Concluded Item Description Class MACHINERY GROUP: subject to item Business or Office: subject to item * Machines, Systems or Devices, data processing, or Components, Parts or Peripherals thereof, see Note, item , viz.: Copiers, Printers, Scanners or Facsimile (Fax) Machines, or Components or Parts thereof, NOI, see Note, item , also in Package 2534; [Other Articles Listed Not Involved.] In boxes, crates or Packages 2050, 2253, 2254, 2286 or 2291, released to a value not exceeding $25.00 per pound, see Note, item , subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE Unless otherwise provided in individual participating carriers tariffs, articles moving under the provisions of item shall only be accepted subject to a maximum liability of $25.00 per pound. If shipper fails to declare a value, or declares a value in excess of $25.00 per pound, shipment will not be accepted, but if the shipment is inadvertently accepted, it will be considered as being released to a value not exceeding $25.00 per pound and the shipment will move subject to such limitation of liability. In no instance will carriers liability exceed the actual value of the article lost or damaged NOTE Not Involved NOTE Also applies on stand-alone copiers, or components or parts thereof, that are not a part of a computer or data processing network or system. *Published in Supplement 2 to NMF 100-AQ, effective August 5, Subject 1, Page 2 of 7

9 SUBJECT 1 Proposed Classification Provisions Item Description Class INK AND RELATED MATERIALS GROUP: subject to item Developer, copying machine toner, etc... Cancel; believed to be obsolete Ink, Dry Ink or Toner, copier, printer or facsimile (fax) machine, other than in cartridges, see Note, item A-NEW, in boxes or drums A-NEW NOTE For provisions applicable on copier, printer or facsimile (fax) machine ink, dry ink or toner cartridges, see item Copying machine, etc... Cancel; see items and Laser printer or facsimile (fax) machine, etc... Cancel; see items and NOTE Cancel; no further application Toner Cartridges, copying machine, laser printer or facsimile (fax) machine, used, being returned for recycling or disposal, etc... Cancel; see item NOTE Cancel; no further application. MACHINERY GROUP: subject to item Business or Office: subject to item Machines, Systems or Devices, data processing, or Components, Parts or Peripherals thereof, see Note, item , viz.: Cartridges, ink, dry ink or toner, copier, printer or facsimile (fax) machine, including Optical Photo Cartridges, see Notes, items B-NEW, C-NEW and D-NEW; [Other Articles Listed No Change.] In boxes, crates or Packages 2050, 2253, 2254, 2286 or 2291, released to a value not exceeding $25.00 per pound, see Note, item , subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE No Change NOTE No Change. Subject 1, Page 3 of 7

10 SUBJECT 1 Proposed Classification Provisions Concluded Item Description Class NOTE No Change. B-NEW NOTE Applies on ink, dry ink or toner cartridges whether full or containing residue. C-NEW NOTE Also applies on ink, dry ink or toner cartridges with integral drum unit. D-NEW NOTE Also applies on ink, dry ink or toner cartridges being shipped for recycling or disposal. Analysis Research Project 1266 Research Project 1266 was initiated in January 2016 to investigate the transportation characteristics of copier, printer or facsimile (fax) machine ink or toner, including ink or toner cartridges, moving under the provisions of items , , and Subsequently, the provisions of item were incorporated into the research. This proposal primarily addresses ink, dry ink or toner cartridges, including cartridges for copying machines (copiers), laser printers and fax machines, as well as cartridges for ink jet printers that are currently subject to item It is noted, however, that sub 2 of item also applies on copying machine ink, dry ink or toner in bottles or other inner containers in boxes, or in bulk in drums, while sub 2 of item applies on laser printer or fax machine ink, dry ink or toner shipped in inner containers other than cartridges, in boxes, or in bulk in drums. History of Provisions Item was established as a result of action taken on Docket 911, Subject 10 (February 1991) and first appeared in Supplement 8 to NMF 100-Q, effective March 30, Subsequently, the item was restructured and items , and were established as a result of action taken on Docket 946, Subject 8 (September 1994). That proposal was approved as modified, and the changes first appeared in Supplement 10 to NMF 100-U, effective January 21, The current classes in item and in sub 1 of items and were established as a result of action taken on Docket 948, Subject 10 (December 1994). That proposal was approved as modified, and the changes first appeared in Supplement 12 to NMF 100-U, effective February 25, The provisions have remained substantially unchanged to the present. The provisions of item were established as a result of action taken on Docket , Subject 2 (November 2002) and first appeared in Supplement 2 to NMF 100-AC, effective January 25, Subject 1, Page 4 of 7

11 SUBJECT 1 About Ink, Dry Ink or Toner Cartridges Ink, dry ink or toner cartridges are consumable components or parts of a copier, printer or fax machine. The cartridges are filled with ink, dry ink or toner, which is used to create the image generated by the machine on paper or other medium. The cartridges are designed to be used in a specific machine(s) and are intended to be replaced when the ink, dry ink or toner has been expended. In some instances, the cartridges may be returned for re-filling and subsequent reuse. Examples are shown below. An Internet search failed to find any current manufacturers of copying machine (copier) toner developer as named in item , and it is believed that this provision is obsolete. Transportation Characteristics Density The information of record includes 31,480 density observations submitted by carriers, observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study 1. The densities range from 0.57 to pcf, with an average of 8.17 pcf. The densities are distributed throughout the range. Handling and Stowability The information of record indicates that the involved articles are generally shipped in boxes secured on lift truck skids or pallets. There have been no reports of unusual or significant handling or stowability problems. 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 5 of 7

12 SUBJECT 1 Liability The involved articles are not perishable, hazardous in nature, unusually susceptible to theft, likely to damage other commodities with which transported or unusually susceptible to damage. There is no indication of a claims problem. A single value of $1.50 per pound was reported. Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. The information of record for ink, dry ink or toner cartridges shows a range in density from 0.57 to pcf, with an average density of 8.17 pcf, and no unusual handling, stowability or liability characteristics. Under CCSB guidelines, an average density of 8.17 pcf is generally associated with class 110, which calls for a minimum average density of 8 pcf. However, when commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. Accordingly, this proposal would amend item to apply on copier, printer or facsimile (fax) machine ink, dry ink or toner, other than in cartridges, and maintain the currently assigned class 70 for these articles. Concurrently, items and would be canceled with reference to items and , while item would be canceled with reference to item Item names, in part, Copiers, Printers, Scanners or Facsimile (Fax) Machines, or Components or Parts thereof, NOI, and assigns classes predicated on the CCSB s standard 11-subprovision density scale 2, subject to a maximum value per pound of $ Under this proposal, item would be amended by the addition of a specific listing for Cartridges, ink, dry ink or toner, copier, printer or facsimile (fax) machine, including Optical Photo Cartridges. The new listing would refer to three new Notes: one specifying that the provisions apply on ink, dry ink or toner cartridges whether full or containing residue, another stating that the provisions also apply on ink, dry ink or toner cartridges with integral drum unit, and the third specifying that the provisions also apply on ink, dry ink or toner cartridges being shipped for recycling or disposal. Notes, items and would be canceled with no further application. CCSB policy also calls for the removal of obsolete provisions in the interest of clarification and simplification. As previously mentioned, an Internet search failed to identify any current manufacturers of copying machine (copier) toner developer as named in item Accordingly, canceling the provisions of item as obsolete, as proposed, is in keeping with CCSB policy. 2 The CCSB s standard 11-subprovision density scale includes reference to Item (Rule) 170, the inadvertence clause, and Item (Rule) 171, the bumping privilege. Subject 1, Page 6 of 7

13 SUBJECT 1 This proposal is also in keeping with CCSB precedent. As a result of action taken on Docket , Subject 2 (January 2015), item , applying on Copying, Duplicating or Reproducing Machines, or Parts thereof, NOI, and item , applying on scrap copying machines, NOI, were canceled with reference to the density-based provisions of item That proposal was approved as docketed, and the changes first appeared in Supplement 1 to NMF 100-AO, effective April 18, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 1, Page 7 of 7

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15 SUBJECT 2 Re: Stall Partitions, bathroom, restroom or shower room CCSB Contact: Keith L. Charles, Jr. Telephone (703) charles@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class PLUMBERS GOODS GROUP: subject to item Stall Partitions, shower bath (shower), toilet or urinal, see Note, item , in boxes or crates: Sub 1 Iron or steel, also in Packages 986, 2047 or Sub 2 Other than iron or steel, NOI, also in Package Sub 3 Plastic, see Note, item NOTE Does not apply on hollow-molded or cellular, expanded or foam plastic partitions. See sub 2 for provisions applicable to hollow-molded or cellular, expanded or foam plastic stall partitions Stall Partitions, shower bath (shower), toilet or urinal, marble, with aluminum framing or trimming members attached or detached, with or without steel doors, see Note, item , in boxes or crates NOTE Also applies on installation or accessorial hardware in the same package Stall Partitions, Doors, Posts or Stiles, shower bath (shower), toilet or urinal, plywood or wood particleboard and laminated plastic sheet combined, see Note, item , in boxes or crates Proposed Classification Provisions Item Description Class A-NEW Sub 1 PLUMBERS GOODS GROUP: subject to item Privacy Partitions or Stalls, toilet, urinal or shower, see Note, item B-NEW: In boxes, crates or Packages 986, 2047 or 2381, see Notes, items C-NEW and D-NEW, 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 12 or greater Sub 5 In packages other than boxes, crates or Packages 986, 2047 or 2381, see Notes, items C-NEW and D-NEW, 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 12 or greater Subject 2, Page 1 of 6

16 SUBJECT 2 Proposed Classification Provisions Concluded Item Description Class PLUMBERS GOODS GROUP: subject to item B-NEW NOTE Applies on Panels, Screens, Doors, Pilasters, Posts or Stiles, with or without installation or accessorial hardware, used to provide privacy to individuals in restrooms, locker rooms or similar locations. C-NEW NOTE Articles must be protected by packing forms or other packaging materials necessary to afford adequate protection against damage. D-NEW NOTE Articles tendered for shipment on lift truck skids, pallets or platforms or on shipping carriers or racks must be securely fastened to and must not overhang the edges of the lift truck skid, pallet or platform deck or shipping carrier or rack. Exposed surfaces and edges must be completely wrapped with plastic film or corrugated fiberboard or protected by wood or similar material Stall Partitions, shower bath (shower), toilet or urinal, etc... Cancel; see item A-NEW NOTE Cancel; no further application Stall Partitions, shower bath (shower), toilet or urinal, marble, with aluminum framing or trimming members attached or detached, with or without steel doors, etc... Cancel; see item A-NEW NOTE Cancel; no further application Stall Partitions, Doors, Posts or Stiles, shower bath (shower), toilet or urinal, plywood or wood particleboard and laminated plastic sheet combined, etc... Cancel; see item A-NEW Analysis Research Project 1276 This proposal is based on the information developed through Research Project 1276, which was initiated in February 2016 to investigate the transportation characteristics of shower bath, toilet or urinal stall partitions. Hereinafter, these products will be referred to as stall partitions. History of Provisions Provisions for iron or steel and other than iron or steel stall partitions, as currently named in subs 1 and 2 of item , respectively, first appeared in Supplement 1 to NMFC No. 9, effective November 29, The provisions for plastic stall partitions, as named in sub 3 of item , including Note, item , were established as a result of action taken on Docket , Subject 15 (June 2009). That was a shipper proposal to establish a separate item for plastic toilet or urinal stall partitions, at class 60. Based on the information of record, the proposal was approved as modified, assigning class 65 to the involved products, due to Subject 2, Page 2 of 6

17 SUBJECT 2 identified negative handling and stowing considerations. These changes first appeared in Supplement 3 to NMF 100-AI, effective August 22, The provisions of item , including Note, item , were established as a result of action taken on Docket 85, Subject 103 (September 1958) and first appeared in Supplement 18 to NMFC A-4, effective March 25, The provisions of item were established as a result of action taken on Docket 122, Subject 50 (January 1966) and first appeared in Supplement 10 to NMFC A-9, effective June 20, The current provisions of items , , and Note, item were established as a result of action taken on Docket , Subject 19 (October 2009), which was a proposal to provide clarification and uniformity across these items. Those changes first appeared in Supplement 5 to NMF 100-AI, effective January 9, 2010, and the provisions have remained unchanged to the present. About Stall Partitions The involved products provide privacy for the person utilizing the shower, toilet or urinal in restrooms, locker rooms or other similar facilities. The industry recognizes the following components to be embraced within shipments of stall partitions: panels, screens, doors, pilasters, posts or stiles. Stall partitions can come in a variety of configurations, and can be made with different types of materials. Examples of these products are shown below. Transportation Characteristics Density The information of record includes 21,900 density observations submitted by carriers, observed firsthand on CCSB dock surveys and gathered from the CCSB s Density Study 1. The densities range from 0.73 to pcf, with an average of pcf. When the data is evaluated on the basis of the three proposed density groupings, as shown in the table on the following page, the resultant ranges and averages emerge. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 2, Page 3 of 6

18 SUBJECT 2 Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater Handling Stall partitions are generally tendered in boxes or crates, or stacked and strapped on lift truck skids or pallets protected by fiberboard and/or plastic film. Those tendered in boxes, including one of the authorized numbered packages, may or may not be unitized on lift truck skids or pallets. When packaged fully enclosed in boxes, crates or one of the authorized numbered packages, handling will be comparable to that of other like-packaged freight. However, articles not so packaged should be handled with more care and attention so as to prevent or mitigate the chance of damage. Some handling units have precautionary markings or shipper instructions, such as Fragile, Top Heavy or Handle with Care. One carrier reports that this type of freight is too large and heavy for a single person to handle and is awkward to move with mechanical equipment. As shown in the photo on the right, some shippers provide specific guidance to carriers regarding how to handle stall partitions. Stowability The stowability of stall partitions will vary depending on the manner in which they are tendered for shipment. When tendered in boxes, crates or one of the authorized numbered packages, a flat load-bearing surface may be present, but there may be precautionary markings or shipper instructions prohibiting the stacking of freight on top. Stall partitions tendered secured on lift truck skids or pallets protected by fiberboard and/or plastic film, such as shown in the photo on the right, may appear to provide a flat load-bearing surface, but many handling units are marked Do Not Stack or have do-not-stack cones. Also, they may or may not provide lateral support for adjacent freight. Accordingly, extra care and attention will have to be taken to load only compatible freight adjacent to stall partitions packaged in this manner to mitigate the chance of damage to these exposed or minimally protected articles, as well as to the adjacent freight. Consequently, stall partitions tendered in packages other than boxes, crates or one of the authorized numbered packages can result in increased time and effort on the part of the carrier to properly structure the load, including the use of load decks and/or dunnage, to minimize the potential for damage. It has been reported that articles tendered flat and not in an upright position make it more difficult for carriers to maximize vehicle utilization. Subject 2, Page 4 of 6

19 SUBJECT 2 Liability These commodities are not perishable, unusually susceptible to theft, nor are they hazardous in nature. Regardless of how they are packaged, these products are susceptible to damage during transit, particularly when there is insufficient protective interior or exterior packaging. One carrier reported a claims ratio of 4.55% for articles shipped in boxes, but with no interior protective packaging, resulting in a high volume of concealed damage. Another carrier reported claims ratios of 0.54% and 1.73% for items and , respectively, and zero claims for item in However, that same carrier also experienced zero claims for any of the involved items in A third carrier has had one claim on concealed damage. A fourth carrier reported claims ratios of 0.93%, 4.06%, 5.68% and 7.95% for four separate accounts, during the period of January 1 through May 31, A fifth carrier reported that they had nine claims during the period from January 1 through May 22, In 2016, they received 15 claims on 4,611 shipments. The carrier stated the damages could be mitigated with stiffer packaging requirements. They have also experienced pallet overhang with this freight, which leaves portions of the stall partitions exposed to damage. Relationship to CCSB Policies and Guidelines CCSB policy calls for provisions to be as clear as possible to mitigate the potential for interpretation disputes, and combining descriptions embracing related commodities in the interest of clarification and simplification. This proposal would cancel items , and with reference to a new item naming Privacy Partitions or Stalls, toilet, urinal or shower. CCSB policy also calls for classification provisions to reflect a commodity s known transportation characteristics. Information of record indicates that the involved articles range in density from 0.73 to pcf, with an average density of pcf. CCSB policy provides that where commodities or commodity groups exhibit a wide density range not accurately reflected by a single, overall average density, they may be assigned density-based classes. However, in this instance research has identified significant negative handling, stowability and liability characteristics, particularly when the articles are not packaged in boxes, crates or one of the authorized numbered packages, and these characteristics must also be considered, in accordance with CCSB policies. These factors have been detailed in this analysis and include, but are not limited to, the need for additional care and attention to safely handle the freight, the inability to stack top freight and difficulty loading adjacent freight, and the inherent risk of damage. These issues may be mitigated, to some degree, when the products are shipped in boxes, crates or one of the authorized numbered packages. Subject 2, Page 5 of 6

20 SUBJECT 2 In view of the information of record, it would be in keeping with CCSB policy and precedent to establish provisions based on packaging and density, as proposed 2. The following table provides an evaluation of the density information on the basis of the 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, crates or one of the authorized numbered packages, and when shipped in packages other than boxes, crates or one of the authorized numbered packages. Such an approach would provide a means of addressing the density range as well as the respective negative handling, stowing and liability characteristics. Class Adjustment for Class Adjustment for Class Based Average Articles Packaged Articles In Packages Density Group on CCSB Density in Boxes, Crates or Other Than Boxes, Crates (pcf) Density (pcf) Packages 986, 2047 or Packages 986, 2047 or Guidelines or Less than but less than or greater Notes, items and would be canceled as having no further application. As proposed, three new Notes would be established, which would be in keeping with CCSB policies. The first would clarify that the provisions apply on panels, screens, doors, pilasters, posts or stiles, with or without installation or accessorial hardware, that are used to provide privacy to individuals in restrooms, locker rooms or similar locations. The second new Note would require the articles to be protected by packing forms or other packaging materials necessary to prevent damage. The third Note would require those articles that are tendered on lift truck skids, pallets or platforms or on shipping carriers or racks to be securely fastened to and not overhang the edges of the lift truck skid, pallet or platform deck or the shipping carrier or rack. A similar approach was taken on Subject 5 of Docket (September 2015), involving item for bucks, casings or frames, door, NOI, metal or wood, with or without components of other materials. In that instance, the CCSB approved provisions based on packaging and density, with class adjustments from the CCSB s guidelines to reflect the respective negative handling, stowing and liability characteristics. That proposal was approved as docketed, and the provisions first appeared in Supplement 5 to NMF 100-AO, effective December 19, 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 2, Page 6 of 6

21 SUBJECT 3 Re: Compressors, refrigeration or air conditioning Items and CCSB Contact: Erin N. Topper Telephone (703) topper@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item Ice Making or Refrigerating Machinery or Machines: subject to item Compressors, refrigeration or air conditioning, NOI: Sub 1 Loose; loose on skids; or in packages where no density is shown Sub 2 on shipping orders and bills of lading at time of shipment In boxes, crates or Package 2490, having a density in pounds per cubic foot of: Sub 3 Less than 30, see Note, item Sub 4 30 or greater, see Note, item NOTE Density must be shown by shipper on shipping orders and bills of lading at time of shipment. If density is not shown and shipment is inadvertently accepted, charges will initially be assessed under the sub 1 provisions of item Upon satisfactory proof of actual density, freight charges will be adjusted accordingly Compressors, refrigeration or air conditioning, used, having an actual value not exceeding $1.50 per pound, in boxes or crates or on skids, having a density in pounds per cubic foot of, see Note, item : Sub 1 Less than Sub 2 30 or greater NOTE Density and value must be shown by shipper on shipping orders and bills of lading at time of shipment. If density or value is not shown and shipment is inadvertently accepted, charges will be assessed under sub 1 of item , naming 'Compressors, refrigeration or air conditioning, NOI.' Package 2490 Articles having a gross weight not exceeding 250 pounds and not exceeding 100 united inches may be shipped in either doublewall corrugated fiberboard boxes testing not less than 200 pounds, or in singlewall corrugated fiberboard boxes testing not less than 275 pounds; OR Individual compressor units with gross weight exceeding 250 pounds must be mounted on or rest on lift truck skids or pallets, or be designed having integral skid base or runners suitable for mechanical handling. Tops and sides must be fully protected by corrugated fiberboard; OR Subject 3, Page 1 of 6

22 SUBJECT 3 Present Classification Provisions Concluded Package 2490 (Continued) Compressors may be shipped in multiple unit quantities provided that the individual units are secured in position. Tops must be protected by a full-dimension doublewall sheet of corrugated fiberboard or material of equivalent protective properties. Packaging components must be secured in position by stretch wrap or banding. Article must be mounted on or rest on a lift truck skid or pallet. Proposed Classification Provisions Item Description Class MACHINERY GROUP: subject to item Ice Making or Refrigerating Machinery or Machines: subject to item Compressors, refrigeration or air conditioning, in boxes or crates, see Note, item NEW, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 8 but less than Sub 3 15 or greater NOTE Cancel; no further application. NEW NOTE Refrigeration or air conditioning compressors may be shipped secured on lift truck skids or pallets without being boxed or crated when having an additional lift truck skid or pallet on top of the handling unit to permit stacking. Entire handling unit must be secured together with strapping in both directions so as to withstand the normal rigors of the less-thantruckload environment Compressors, refrigeration or air conditioning, used, having an actual value not exceeding $1.50 per pound, etc... Cancel; see item NOTE Cancel; no further application. Cancel; no further application. Package 2490 Subject 3, Page 2 of 6

23 SUBJECT 3 Analysis Research Project 1297 This proposal is based on the information developed through Research Project 1297, which was initiated in December of 2016 as part of a review of NMFC items that permit commodities to be shipped loose. Additionally, it was noted that distinctions between new and used articles are typically no longer valid for classification purposes. Therefore, this proposal encompasses data on new and used refrigeration or air conditioning compressors, as embraced by items and History of Provisions The basic provisions for refrigeration or air conditioning compressors 1, as now named in item , have been in the NMFC since its inception in As a result of action taken on Docket 841, Subject 11 (January 1984), provisions based on packaging and density were established, and refrigeration or air conditioning was added to the description. Those changes first appeared in Supplement 8 to NMF 100-K, effective August 11, The current classes and Package 2490 were established as a result of action taken on Docket 902, Subject 19 (March 1990). Information of record shows compressors with densities less than 30 pcf had an average density of pcf and an average value of $3.74 per pound (in 1990 dollars). Compressors with densities of 30 pcf or greater had an average density of pcf and an average value of $4.53 per pound (in 1990 dollars). Those changes first appeared in Supplement 2 to NMF 100-Q, effective June 30, Subsequently, as a result of action taken on Docket 912, Subject 1 (March 1991), the description was amended to add NOI. That change first appeared in Supplement 1 to NMF 100-R, effective May 27, The provisions have remained substantially unchanged to the present. Provisions for used refrigeration or air conditioning compressors 2, as now named in item , were established as a result of action taken on Docket 60, Subject 52 (September- October 1953) and first appeared in Supplement 22 to NMFC A-1, effective April 20, At that time, the products were grouped with used cooling or freezing machines. As a result of action taken on Docket 908, Subject 10 (December 1990), the products were separated from used cooling or freezing machines, and the current actual value restriction, and density groupings and classes were established. The provisions first appeared in Supplement 7 to NMF 100-Q, effective February 16, Subsequently, as a result of action taken on Docket 912, Subject 1 (March 1991), the description was amended to remove reference to gas or liquid and add refrigeration or air conditioning. Those changes first appeared in Supplement 1 to NMF 100-R, effective May 27, The provisions have remained substantially unchanged to the present. 1 Referred to originally as Compressors or Pumps, gas or liquid. 2 Referred to originally as gas or liquid Compressors, old, used. Subject 3, Page 3 of 6

24 SUBJECT 3 About Refrigeration or Air Conditioning Compressors The compressor in a refrigerator is The heart of the refrigerator which is working as a pump, not just controlling the circulation of the refrigerant, but also adding pressure to the circuit, which also makes the refrigerant hot 3. An air conditioner compressor is the component in the system that raises the temperature and pressure of the vapor refrigerant that leaves the evaporator coil...what s happening is the compressor is raising the pressure of the refrigerant so that the refrigerant will flow to the lower pressure refrigerant in the evaporator coil. The compressor raising the pressure will also increase the temperature. The direction of heat transfer is from a higher temperature substance to a lower temperature substance, the lower temperature being in the evaporator coil and the hotter being in the compressor and condenser 4. Transportation Characteristics Density The information of record for refrigeration or air conditioning compressors includes 45,911 density observations submitted by carriers, collected during CCSB dock surveys and obtained from the CCSB s Density Study 5. The densities range from 0.67 to pcf, with an overall average of pcf. When the data is evaluated based on density breaks at 8 and 15 pcf, the following ranges and averages emerge. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater Handling Refrigeration or air conditioning compressors are generally tendered for shipment in boxes secured on lift truck skids or pallets, or stacked and secured on lift truck skids or pallets, but may also be tendered in crates. Generally, the involved articles tendered for shipment in any of the preceding packaging methods will not present unusual or significant handling considerations. 3 (accessed September 2017) 4 (accessed September 2017) 5 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 4 of 6

25 SUBJECT 3 Stowability The involved articles packaged in boxes secured on lift truck skids or pallets, in crates, or secured on lift truck skids or pallets with a lift truck skid or pallet on top, as shown in the photo on the left, generally do not pose unusual or significant stowing considerations. These methods of packaging will generally offer a flat load-bearing surface for the loading of top freight and lateral support for freight loaded adjacent to them in the vehicle. Liability Refrigeration or air conditioning compressors are not perishable, hazardous in nature, unusually susceptible to theft, nor are they likely to damage freight with which stowed. If not adequately protected by packaging, they may be liable to damage. With regards to claims, one carrier reported six claims on these commodities in the last two years. A second carrier reported a claims ratio of 0.61% for item and no claims for articles moving under item A third carrier reported a ratio of claims dollars filed to revenue of 2.41% and a ratio of claims dollars paid to revenue of 1.47% for a 12-month period. No information on the value per pound of the involved articles was obtained. Relationship to CCSB Policies and Guidelines CCSB policies call for combining descriptions embracing related commodities. Distinctions between new and used articles are typically no longer valid for classification purposes. Therefore, it would be in keeping with CCSB policies to cancel item with reference to item and concurrently remove the NOI from item CCSB policies also call for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. The information of record for refrigeration or air conditioning compressors shows that these products have a density range from 0.67 to pcf, with an average of pcf. When properly packaged for the LTL environment, as set forth in the proposed provisions 6, there are no unusual or significant handling or stowability considerations, and negative liability characteristics are largely mitigated. Under CCSB guidelines, an average density of pcf is generally associated with class 70, which calls for a minimum average density of 15 pcf. However, when commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. This proposal would establish classes in item based on three density groups of less than 8 pcf, 8 but less than 15 pcf, and 15 pcf or greater 7, with classes reflective of the average density of each grouping, as shown in the table below. 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 Including a proposed new Note. 7 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 3, Page 5 of 6

26 SUBJECT 3 Notes, items and would be canceled as having no further application. Additionally, a review of Package 2490 shows three different exceptions to the NMFC s packaging rules. However, these specifications do not appear to provide the same level of protection as would be necessary to minimize handling or stowing issues or the risk of damage to the involved products. Therefore, it would be in keeping with CCSB packaging policies to cancel Package 2490 as having no further application. Precedent for this approach can be found in Docket , Subject 10 (September 2016), involving refrigerant reclaiming or recovery machines, as named in item Density was determined to be the primary transportation characteristic since there were no significant handling, stowability or liability concerns reported. Two density breaks at 8 and 12 pcf were proposed to provide a more accurate representation of the identified density range of 2.40 to pcf. That proposal was approved as docketed, and the provisions first appeared in Supplement 4 to NMF 100-AP, effective December 10, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. Subject 3, Page 6 of 6

27 SUBJECT 4 Re: Coffee Makers or Coffee or Hot Water Urns Items 25920, and CCSB Contact: Allison L. Austin Telephone (703) austin@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class BOILERS, FURNACES, STOVES AND RELATED ARTICLES GROUP: subject to item Coffee Makers or Coffee or Hot Water Urns, electric or gas, commercial or institutional type, with steel outer shells, weighing each 50 pounds or over, see Notes, items and 25927, in boxes or crates Coffee Makers or Coffee or Hot Water Urns, household, commercial or institutional type, NOI, see Notes, items and 25927, in boxes or crates NOTE Applies on coffee makers such as Percolators, Automatic Drip Coffee Makers, Cappuccino Makers or Espresso Makers, with or without attached warming stations, as well as Coffee or Hot Water Urns NOTE Also applies on articles named that are designed to be attached to plumbing. ELECTRICAL EQUIPMENT GROUP: subject to item Coffee Makers or Coffee or Hot Water Urns, including Percolators, Automatic Drip Coffee Makers, Cappuccino Makers or Espresso Makers, household-type, capacity not exceeding 18 cups, see Note, item 61331, in boxes NOTE Coffee Makers with a capacity exceeding 18 cups are classed under the provisions of item Proposed Classification Provisions Item Description Class BOILERS, FURNACES, STOVES AND RELATED ARTICLES GROUP: subject to item Coffee Makers or Coffee or Hot Water Urns, electric or gas, commercial or institutional type, with steel outer shells, weighing each 50 pounds or over, see Notes, items 25926, and NEW, in boxes or crates, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 8 or greater Coffee Makers or Coffee or Hot Water Urns, electric or gas, household, commercial or institutional type, NOI, see Notes, items 25926, and NEW, in boxes or crates NOTE Applies on coffee makers such as Percolators, Automatic Drip Coffee Makers, Single-Serve Coffee Makers, Cappuccino Makers or Espresso Makers, with or without attached warming stations, as well as Coffee or Hot Water Urns. Subject 4, Page 1 of 6

28 SUBJECT 4 Proposed Classification Provisions Concluded Item Description Class NOTE No Change. NEW NOTE Articles named may also brew or prepare other hot beverages, such as tea, herbal tea or hot chocolate. ELECTRICAL EQUIPMENT GROUP: subject to item Coffee Makers or Coffee or Hot Water Urns, including Percolators, Automatic Drip Coffee Makers, Cappuccino Makers or Espresso Makers, household-type, capacity not exceeding 18 cups, etc... Cancel; see item NOTE Cancel; no further application. Analysis Research Project 1287 This proposal is based on information developed through Research Project 1287, which was initiated in July 2016 to address interpretation issues and investigate the transportation characteristics of various coffee makers or coffee or hot water urns, as embraced by items 25920, and History of Provisions The provisions of item were established as a result of action taken on Docket 69, Subject 11 (June 1955) and first appeared in Supplement 16 to NMFC A-2, effective December 29, The original provisions of what are now items and were adopted from the rails in The current provisions of all of the involved items were established as a result of action taken on Docket 963, Subject 13 (August 1996) and first appeared in Supplement 3 to NMF 100-W, effective October 19, The provisions have remained unchanged to the present. About Coffee Makers or Coffee or Hot Water Urns This proposal encompasses a variety of gas- or electric-powered devices that brew coffee beverages. Examples of some of the involved coffee makers or coffee or hot water urns are shown in the photos on the following page. While primarily marketed for coffee, the involved products may also provide supplementary hot beverage brewing functionality. Coffee makers or coffee or hot water urns are sold in an assortment of sizes and configurations and are generally designed in accordance with their designated household or commercial/industrial grade rating. For over 50 years, the 18-cup capacity threshold provided for in item has been used to further distinguish between most household and commercial-type products. However, the recent advent of single-serve coffee makers has Subject 4, Page 2 of 6

29 SUBJECT 4 impacted the use of capacity as an accurate indicator of setting. Additionally, marketing specifications for these products may allow for both household and commercial usage. This has resulted in interpretation questions regarding the application of item versus item Transportation Characteristics Density Overall, the information of record includes 16,188 density observations submitted by carriers, collected during CCSB dock surveys and obtained from the CCSB s Density Study 1. When the data is evaluated by the reported NMFC item, the following ranges and averages are calculated. Item Density Range (pcf) Average Density (pcf) The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 4, Page 3 of 6

30 SUBJECT 4 When items and are analyzed collectively, almost 76% of the figures fall between 4 and 10 pcf, indicating a large clustering of data around the combined average density of 6.50 pcf. In regards to item 25920, the figures are more widely distributed throughout the range. When the data is analyzed with a density break at 8 pcf, the following ranges and averages are calculated. Density Group (pcf) Item Density Range (pcf) Average Density (pcf) Less than or greater Handling and Stowability The involved articles are typically tendered in fiberboard boxes secured on lift truck skids or pallets. There are indications that they may also be shipped in crates. Handling units may include shipper instructions or precautionary markings such as Handle with Care, Fragile and/or Do Not Double Stack. However, there have been no reports of unusual or significant handling or stowability concerns. Liability Coffee makers or coffee or hot water urns are not perishable, unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor do they appear likely to damage other freight. One carrier reports zero claims in 2017 for items and 25925, and a claims ratio of 0.25% for item A second carrier reports zero claims on the involved articles over a two-year period. No information was obtained on the value per pound of these commodities. Relationship to CCSB Policies and Guidelines CCSB policy calls for amending provisions that are a source, or potential source, of interpretation disputes so as to eliminate or avoid those disputes. The provisions of item are restricted to household-type coffee makers or coffee or hot water urns. In the past, the 18- cup capacity threshold was used to facilitate this identification. However, as detailed in the analysis, the evolution of the involved products in particular, the advent of single-serve coffee makers, which may be used in commercial as well as household settings has affected the ability to demarcate on this basis, resulting in interpretation inquiries vis-à-vis item Therefore, to address the interpretation issues, and in the interest of clarification and simplification, it would be within CCSB policy to cancel item with reference to item CCSB policy also calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Based on the information of record, there have been no negative handling, stowability or liability considerations identified when analyzing the transportability of the involved coffee makers or coffee or hot water urns. Therefore, per CCSB policy, density is the governing characteristic in the assignment of classes. Subject 4, Page 4 of 6

31 SUBJECT 4 When the information of record on products reportedly moving under items and is evaluated, there is a large clustering of data around the combined average density of 6.50 pcf. Based on CCSB guidelines, this proposal would assign class 150, which calls for a minimum average density of 6 pcf, to item Precedent for this approach can be found in Docket , Subject 11 (January 2017), involving item for mailing machines. No significant handling, stowability or liability concerns were reported, and, as such, density was determined to be the primary transportation characteristic. Mailing machines exhibited a range of densities from 1.01 to pcf with a significant concentration of density observations over 71% clustered around the overall average density of 6.31 pcf. Based on the information of record, and in keeping with CCSB guidelines, that proposal was approved as docketed, assigning class 150, and the changes first appeared in Supplement 1 to NMF 100-AQ, effective April 15, When the data for products reportedly moving under item is evaluated, the densities are shown to be more widely distributed throughout the range. When commodities exhibit a range in density not accurately represented by a single class, CCSB policy states that density-based provisions may be established. As shown in the table below, 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. Density Group (pcf) Item Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Less than or greater It would be within CCSB policy and precedent to amend item to provide classes predicated on density, with a single density break at 8 pcf 2. Precedent for this approach can be found in Docket , Subject 8 (June 2015), involving fir or pine cones, as named in item No significant handling, stowability or liability concerns were reported and, as such, density was determined to be the primary transportation characteristic. While the densities were distributed throughout the range of 1.92 to pcf, a single density break at 8 pcf was 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-AO, effective August 22, In the interest of uniformity, the description of item would be amended to add electric or gas. In the interest of clarification, Note, item would be amended to include a reference to Single-Serve Coffee Makers. 2 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 4, Page 5 of 6

32 SUBJECT 4 Additionally, a new Note would be added and referenced by items and to clarify that articles named may also brew or prepare other hot beverages, such as tea, herbal tea or hot chocolate. Note, item would be canceled as having no further application. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 4, Page 6 of 6

33 SUBJECT 5 Re: Shower or Bathtub Doors, Enclosures or Enclosure Sections, glass or plastic CCSB Contact: Matthew S. Erim Telephone (703) erim@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class PLUMBERS' GOODS GROUP: subject to item Shower Bath Stall Doors or Tub Enclosures, glass or plastic combined with metal, with or without frames or jambs: Sub 1 SU, in boxes or in Package Sub 2 KD, in boxes Proposed Classification Provisions Item Description Class PLUMBERS' GOODS GROUP: subject to item Shower or Bathtub Doors, Enclosures or Enclosure Sections, glass or plastic, with or without components of other materials: Sub 1 In boxes or Package 533, see Note, item NEW, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 4 but less than Sub 4 10 or greater Sub 5 In packages other than boxes or Package 533, see Note, item NEW, subject to Item 170 and having a density in pounds per cubic foot of: Sub 6 Less than Sub 7 4 but less than Sub 8 10 or greater NEW NOTE Shower or bathtub doors, enclosures or enclosure sections tendered for shipment on lift truck skids, pallets or platforms or on shipping carriers or racks must be securely fastened to and must not overhang the edges of the lift truck skid, pallet or platform deck or shipping carrier or rack. Exposed surfaces and edges must be completely wrapped with plastic film or corrugated fiberboard or protected by wood or similar material. Subject 5, Page 1 of 6

34 SUBJECT 5 Analysis Research Project 1248 This proposal is based on the information developed through Research Project 1248, which was initiated in February 2015 to address interpretation issues involving glass or plastic shower or bathtub doors or enclosures, and to investigate the transportation characteristics of these products. Hereinafter, these products will be referred to as shower or bathtub enclosures. History of Provisions The provisions for shower doors were adopted from the rails in The current provisions of item , including the addition of the reference to tub enclosures, were established as a result of action taken on Docket 56, Subject 77 (October-November 1952). That proposal was approved as modified, and the changes first appeared in Supplement 9 to NMFC A-1, effective March 10, Except for addition of the reference to Package 533 in sub 1 of the item, the provisions have remained substantially unchanged to the present. About Shower or Bathtub Enclosures A shower or bathtub enclosure is a watertight structure with walls that surround a draining floor. A shower or bathtub door is a barrier that allows one to enter or exit a shower or bathtub. Examples of the involved products are shown below. Transportation Characteristics Density The information of record includes 7,391 density observations submitted by carriers and shippers, observed firsthand on CCSB dock surveys and gathered from the CCSB s Density Study 1. The densities range from 0.71 to pcf, with an average of 7.95 pcf. When the data is divided into density groups of less than 4 pcf, 4 but less than 10 pcf, and 10 pcf or greater, as shown in the table on the following page, the resultant ranges and averages emerge. 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 5, Page 2 of 6

35 SUBJECT 5 Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater Handling Shower or bathtub enclosures are generally shipped in boxes 2, which may be secured on lift truck skids or pallets. These products may also be tendered secured on lift truck skids or pallets with strapping and/or plastic film, protected by some packaging forms or just plastic film 3. Boxed shower or bathtub enclosures that are not secured on lift truck skids or pallets often require manual handling, limiting the carrier s ability to handle the freight in an efficient and timely manner. Boxed shower or bathtub enclosures that are laid flat and secured on lift truck skids or pallets may require the use of forklift extensions, which may not be readily available to carrier personnel. Shower or bathtub enclosures that are shipped on edge may be top heavy and would require extreme care and attention during handling. Articles not fully protected by packaging should be handled with more care and attention so as to prevent or mitigate the chance of damage. 2 Package 533, which is a type of box, is authorized by the present and proposed provisions. 3 While the present provisions do not authorize this method of packaging, the proposed provisions would permit in packages. Subject 5, Page 3 of 6

36 SUBJECT 5 Shipments of shower or bathtub enclosures are frequently labeled with precautionary markings or shipper instructions, such as Fragile, This Side Up, Handle With Care, Do Not Clamp From Side, Do Not Drop On Corner and Keep Upright. Such labels are indicative of the need for the carrier to handle these products in a manner that goes above and beyond the requirements for most general freight. Due to the configuration of these units, negative handling considerations exist regardless of the method of packaging. Stowability The stowability of these products will vary depending upon the manner in which they are tendered for shipment. Shower or bathtub enclosures typically include precautionary markings or shipper instructions directing that the products must be stowed upright. Products shipped in boxes not secured on lift truck skids or pallets often have markings or instructions indicating that they must be strapped to the wall of the vehicle, as shown in the picture on the right. Even if a boxed shower or bathtub enclosure is secured on a lift truck skid or pallet, carriers are unable to stack freight on these handling units due to the lack of a flat load-bearing surface and the fragile nature of the product. Furthermore, shower or bathtub enclosures secured on a lift truck skid or pallet generally lack lateral support for adjacent freight. This can greatly restrict the carrier s ability to efficiently structure the load and utilize available vehicle space. To mitigate damage, additional diligence is required when stowing products that are not tendered in boxes. These factors can necessitate the use of load decks and/or dunnage. Liability There is no evidence that shower or bathtub enclosures are unusually susceptible to theft, hazardous in nature, or prone to damage other freight with which transported. Shower or bathtub enclosures are vulnerable to damage, particularly when not tendered in boxes, as being fully enclosed within a box will generally offer greater protection against damage than when tendered secured on lift truck skids or pallets with little to no protective packaging. In some instances, the products may overhang the lift truck skid or pallet, which could also leave portions of the shower or bathtub enclosures exposed to damage. Subject 5, Page 4 of 6

37 SUBJECT 5 Precautionary markings have identified this freight as having a High Claim Value, and one carrier reported 16 claims over a twoyear period, while another carrier reported three claims over a oneyear period, with a claims ratio of 0.45%. Shipper-provided information reveals a range of zero to 30 claims annually for the involved commodities. Value information indicates a range from $1.26 to $5.69 per pound, with an average value of $2.30 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. The present provisions for shower or bathtub enclosures based on form of shipment have been the source of interpretation issues. In keeping with CCSB policy, this issue would be mitigated by amending the provisions of item to remove the distinction on form of shipment. Concurrently, the description of item would be amended to read Shower or Bathtub Doors, Enclosures or Enclosure Sections, glass or plastic, with or without components of other materials for clarification purposes. CCSB policy also calls for classification provisions to reflect a commodity s known transportation characteristics. The information of record indicates that the involved articles range in density from 0.71 to pcf, with an overall average of 7.95 pcf. CCSB policy provides that where commodities or commodity groups exhibit a wide density range not accurately reflected by a single, overall average density, they may be assigned density-based classes. However, in this instance research has identified significant negative handling, stowability and liability characteristics. These factors have been detailed in this analysis and include, but are not limited to, the increased care and attention needed to safely handle and stow these products, the inability to double stack, and an increased susceptibility to damage. Additionally, when these products are tendered in packages other than boxes or Package 533, the shower or bathtub enclosures are even more difficult to handle and stow, and the risk of damage is greater. Accordingly, this proposal would establish classes based on packaging and density 4. Based on the identified handling, stowing and liability concerns, which are amplified when the product is not tendered in a box or Package 533, assigning classes higher than those provided by the CCSB density guidelines would be consistent with CCSB policy. Such an approach would provide a means for addressing both the density range as well as the respective negative handling, stowing and liability characteristics. The associated average densities, guideline classes and proposed classes are depicted in the table below. Density Group (pcf) Average Density (pcf) Class Based on CCSB Density Guidelines Class Adjustment for Articles Packaged in Boxes or Package 533 Class Adjustment for Articles in Packages Other Than Boxes or Package 533 Less than but less than or greater Both sets of classes would include reference to Item (Rule) 170, the inadvertence clause. Subject 5, Page 5 of 6

38 SUBJECT 5 Concurrently, a new Note would be added to provide additional packaging requirements for shower or bathtub enclosures tendered on lift truck skids, pallets or platforms or on shipping carriers or racks. A similar approach was taken on Subject 5 of Docket (September 2015), involving item for bucks, casings or frames, door, NOI, metal or wood, with or without components of other materials. In that instance, the CCSB approved provisions based on packaging and density, with class adjustments from the CCSB s guidelines to reflect the respective negative handling, stowing and liability characteristics. That proposal was approved as docketed, and the provisions first appeared in Supplement 5 to NMF 100-AO, effective December 19, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. Subject 5, Page 6 of 6

39 SUBJECT 6 Re: Cookware or Bakeware, aluminum, other than cast, other than expendable Item CCSB Contact: Ashley L. Gencarelli Telephone (703) gencarelli@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class COOKWARE GROUP: subject to item Cookware or Bakeware, aluminum, NOI, other than cast, other than expendable, see Note, item 52896, in boxes: Sub 1 With handles; or without handles, not nested Sub 2 Without handles, nested NOTE Also applies on complement of covers, whether of same or other materials and whether in same or separate packages. Proposed Classification Provisions Item Description Class COOKWARE GROUP: subject to item Cookware or Bakeware, aluminum, NOI, other than cast, other than expendable, see Note, item 52896, in boxes NOTE No Change. Analysis Research Project 1311 Research Project 1311 was initiated in June 2017 to review the transportation characteristics of aluminum cookware or bakeware, as embraced by item History of Provisions Provisions for aluminum cookware were established as a result of action taken on Docket 913, Subject 3 (May 1991) and first appeared in Supplement 4 to NMF 100-R, effective October 5, The current provisions were established as a result of action taken on Docket 936, Subject 12 (September 1993), and a new Note was added to clarify the application with respect to covers. These changes first appeared in Supplement 8 to NMF 100-T, effective January 22, The provisions have remained substantially unchanged to the present. Subject 6, Page 1 of 3

40 SUBJECT 6 About Aluminum Cookware or Bakeware Aluminum cookware or bakeware refers to pots, pans, baking dishes, baking sheets and other utensils that are used to cook or bake with. Many types add a non-stick coating to prevent food from sticking to the cooking or baking surface. Pictures of aluminum cookware or bakeware are shown below. Transportation Characteristics Density Information of record includes 3,401 density observations submitted by carriers, observed firsthand on a CCSB dock survey and obtained from the CCSB s Density Study 1. The densities range from 0.57 to pcf, with an average density of 7.42 pcf. Almost 78% of the figures fall between 4 and 10 pcf. Handling and Stowability Aluminum cookware or bakeware is generally tendered in boxes secured on lift truck skids or pallets. There have been no reports of any unusual or significant handling or stowability problems. Liability Aluminum cookware or bakeware is not perishable, unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor does it appear likely to damage other freight. One responding carrier reported minimal claims on the involved commodities, and no value information was obtained. Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Information of record indicates that aluminum cookware or bakeware ranges in density from 0.57 to pcf, with an average density of 7.42 pcf, and the preponderance of density figures concentrated around the overall average. Additionally, no unusual or significant handling, stowability or liability 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 6, Page 2 of 3

41 SUBJECT 6 characteristics were identified. An average density of 7.42 pcf is generally associated with class 125 under CCSB density guidelines, which call for a minimum average density of 7 pcf. This proposal would assign class 125 to item in lieu of the current classes based on the presence or absence of handles and/or form of shipment. A similar approach was taken on Docket , Subject 6 (September 2017), involving item for ice cream cabinets or freezers. No significant handling, stowability or liability concerns were reported, and, as such, density was determined to be the primary transportation characteristic. As with aluminum cookware or bakeware, ice cream cabinets or freezers exhibited a wide range of densities from 2.16 to pcf with a significant concentration of density observations over 79% clustered around the overall average density of 7.84 pcf. Based on the information of record, and in keeping with CCSB guidelines, that proposal was approved as docketed, assigning class 125, and the changes first appeared in Supplement 4 to NMF 100-AQ, effective November 25, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 6, Page 3 of 3

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43 SUBJECT 7 Re: Computer Component Security Cabinets Items and CCSB Contact: Larissa A. Franklin Telephone (703) franklin@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CABINETS, OR PARTS NAMED: subject to item Computer Component Security, lockable, ceiling, counter or wall mounting, steel, with or without accessorial equipment, in boxes Computer Component Security, lockable, NOI, floor standing, metal and wood combined, with or without components of other materials, in boxes or in fiberboard containers testing not less than 200 pounds Proposed Classification Provisions Item Description Class CABINETS, OR PARTS NAMED: subject to item Computer Component Security, lockable, metal, with or without components of other materials, in boxes Computer Component Security, lockable, NOI, floor standing, metal and wood combined, with or without components of other materials, etc... Cancel; see item Analysis This proposal is in response to a report brought to the CCSB that both ceiling, counter or wall mounting and floor standing computer component security cabinets, as named in items and 39317, respectively, exhibit transportation characteristics inconsistent with the current classes 85 and 110. History of Provisions The provisions for ceiling, counter or wall mounting computer component security cabinets, as named in item 39315, were established as a result of action taken on Docket 897, Subject 11 (November 1989). The item first appeared in Supplement 7 to NMF 100-P, effective December 30, The provisions for floor standing computer component security cabinets, as named in item 39317, were established as a result of action taken on Docket 903, Subject 6 (May 1990). The item first appeared in Supplement 2 to NMF 100-Q, effective June 30, Subject 7, Page 1 of 4

44 SUBJECT 7 As a result of action taken on Docket 973, Subject 17 (June 1997), item was amended to authorize packaging in certain fiberboard boxes, i.e. fiberboard containers testing not less than 200 pounds, even when exceeding the dimensional limits in Item (Rule) 222, Specifications for Fiberboard Boxes. The change first appeared in Supplement 11 to NMF 100-W, effective August 23, The involved provisions have remained substantially unchanged to the present. About Computer Component Security Cabinets Computer component security cabinets are lockable enclosures designed specifically to protect computers or computer components against theft or tampering. They are primarily made of metal and may have components of other materials. Examples of these products are shown below. Transportation Characteristics Density Information of record on computer component security cabinets includes 10,343 density observations obtained from the CCSB s Density Study 1. The products range in density from 1.00 to pcf, with an average density of 6.34 pcf. Approximately 91% of the figures fall between 2 and 10 pcf, with over 68% between 4 and 8 pcf, indicating a large clustering of data around the average. The table below identifies the associated density ranges and averages for products reported to be moving under the involved items. Item Density Range (pcf) Average Density (pcf) The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 7, Page 2 of 4

45 SUBJECT 7 Handling and Stowability Reports indicate that computer component security cabinets are typically tendered secured on lift truck skids or pallets 2. There have been no reports of any unusual or significant handling or stowability problems. 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. With regards to claims, one carrier reported one claim on these types of products within the last two years. Another carrier reported no claims for item and a claims ratio of 0.19% for item between January 2017 and October No value information was obtained. Relationship to CCSB Policies and Guidelines CCSB policy calls for combining descriptions embracing related commodities. Due to comparable construction materials and identical function of ceiling, counter or wall mounting and floor standing computer component security cabinets, it would be in keeping with CCSB policy to cancel item with reference to item CCSB policy also calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Information of record indicates computer component security cabinets range in density from 1.00 to pcf, with an average density of 6.34 pcf. The following table identifies the resulting average densities and classes based on CCSB density guidelines when the data is evaluated based on current item number. Item Average Density CCSB Minimum Average Class Based on CCSB (pcf) Density Guideline (pcf) Density Guidelines The preponderance of density figures are located within a narrow range around the overall average, and since no handling, stowability or liability concerns were identified, density is the governing characteristic in the assignment of classes. Under CCSB guidelines, an average density of 6.34 pcf is generally associated with class 150, which calls for a minimum average density of 6 pcf. Accordingly, this proposal would assign class 150. In addition, it is CCSB policy to maintain packaging 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-thantruckload environment. Retaining the requirement that computer component security cabinets be tendered in boxes, and eliminating the exception allowing some of them to be shipped in fiberboard containers testing not less than 200 pounds, would be in keeping with CCSB packaging policies. 2 While it is unclear from the information of record how these products are packaged for shipment, the present and proposed provisions require computer component security cabinets to be packaged in boxes. Subject 7, Page 3 of 4

46 SUBJECT 7 Precedent for this approach can be found in Docket , Subject 3 (September 2015), involving ice cream freezers (ice cream makers). In that proposal, items , and were canceled with reference to existing item for clarification and simplification. No significant handling, stowability or liability concerns were reported and, as such, density was determined to be the primary transportation characteristic. Ice cream freezers exhibited a range in density from 2.49 to pcf, with a significant concentration of density observations over 77% 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 77.5, and the provisions first appeared in Supplement 5 to NMF 100-AO, effective December 19, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 7, Page 4 of 4

47 SUBJECT 8 Re: Cars, Lift Trucks or Vehicles, electric or internal combustion engine powered, NOI, not designed for general highway use CCSB Contact: Daniel E. Horning Telephone (703) horning@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class VEHICLES, MOTOR: subject to item Cars, Lift Trucks or Vehicles, electric or internal combustion engine powered, NOI, not designed for general highway use, exceeding 1,300 pounds net weight Cars, Lift Trucks or Vehicles, electric, NOI, not designed for general highway use and not exceeding 1,300 pounds net weight, in boxes or crates: Sub 1 Without batteries Sub 2 With batteries Cars, Lift Trucks or Vehicles, internal combustion engine powered, NOI, not designed for general highway use and not exceeding 1,300 pounds net weight, in boxes or crates Proposed Classification Provisions Item Description Class VEHICLES, MOTOR: subject to item Cars, Lift Trucks or Vehicles, electric or internal combustion engine powered, NOI, not designed for general highway use, exceeding 1,300 pounds net weight... Cancel; see item Cars, Lift Trucks or Vehicles, electric, NOI, not designed for general highway use and not exceeding 1,300 pounds net weight, etc... Cancel; see item Cars, Lift Trucks or Vehicles, NOI, not designed for general highway Sub 1 use, see Note, item 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 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 8 but less than Sub 8 12 or greater Subject 8, Page 1 of 5

48 SUBJECT 8 Proposed Classification Provisions Concluded Item Description Class NEW NOTE Also applies on Tugs or Tuggers, used for pushing or pulling heavy, wheeled equipment or vehicles. Analysis Research Project 1284 This proposal is based on the information developed through Research Project 1284, involving electric or internal combustion engine powered cars, lift trucks or vehicles, not designed for general highway use. The project was initiated in June 2016 to develop information on the transportation characteristics of these products and to determine if the current provisions are reflective of the goods moving in commerce today. Hereinafter, these articles will be referred to as vehicles. History of Provisions The provisions of items and were established as a result of action taken on Docket 138, Subject 3 (January 1969). That was a proposal to clarify the provisions for various types of vehicles, including children s cars, motor scooters, all-terrain or multi-terrain vehicles, golf cars and messenger or light delivery vehicles. The proposal was approved as modified, and the changes first appeared in Supplement 24 to NMFC A-10, effective August 5, The current provisions of items , and were established as a result of action taken on Docket 903, Subject 12 (May 1990). Information of record indicated a range in density from 1.13 to pcf, with an average of pcf. The changes first appeared in Supplement 2 to NMF 100-Q, effective June 30, The provisions have remained substantially unchanged to the present. About Electric or Internal Combustion Engine Powered Vehicles Items , and cover an array of products that find usage in industry, commercial applications and individual use, including the common forklift, golf car, utility vehicle, warehouse or messenger truck or tractor and the like. They may be powered by either an internal combustion engine or an electric motor. Electric-powered vehicles may be shipped with or without batteries. Walk-behind units, such as tugs or tuggers that allow an individual to move heavy wheeled objects, are also embraced within these provisions. Examples of the involved products are shown below. Subject 8, Page 2 of 5

49 SUBJECT 8 Transportation Characteristics Density The information of record includes 9,977 density observations submitted by shippers and carriers, observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study 1. The densities range from 0.92 to pcf, with an average of pcf. When the data is divided into density groups of less than 8 pcf, 8 but less than 12 pcf, and 12 pcf or greater, as shown in the table, the resultant ranges and averages emerge. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater Handling When tendered in boxes or crates, the involved vehicles will generally exhibit handling characteristics similar to those of other like-packaged freight. However, the involved vehicles may also be tendered loose or secured on lift truck skids or pallets and partially wrapped in plastic film. (In many instances they have been observed as shipped fully assembled with attached handles.) Articles not fully protected and left exposed necessitate more care and attention to mitigate the potential for damage. Handling units have been observed with precautionary markings or shipper instructions such as Fragile, Handle With Care, Must Be Kept Upright, This Side Up, Do Not Push and Do Not Crush. Examples of vehicles as tendered for shipment are shown below. 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 3 of 5

50 SUBJECT 8 Stowability The stowability of these vehicles will vary depending upon the manner in which they are tendered for shipment. In general, they 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. Alternatively, these vehicles may also be shipped loose or secured to lift truck skids or pallets, partially wrapped in plastic film. In such instances, they lack a flat load-bearing surface for top freight and lateral support for adjacent freight. They may also present protrusions, such as handles or other components, that can potentially be damaged or damage adjacent freight. These factors can make it more difficult and time consuming for the carrier to properly structure the load, including necessitating the use of load decks and/or dunnage. Liability Vehicles are not perishable, hazardous in nature or unusually susceptible to theft. 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 loose or secured on lift truck skids or pallets with little or no protective packaging. There were minimal claims reported on movements of these commodities. Value information reveals a range from $1.95 to $11.70 per pound, with an average value of $6.34 per pound. Relationship to CCSB Policies and Guidelines CCSB policy calls for provisions to reflect a commodity s known transportation characteristics. The information of record indicates that the involved vehicles range in density from 0.92 to pcf, with an average 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 characteristics that must also be considered, in accordance with CCSB policies. These have been detailed in the analysis and include such factors as the need for additional care and attention in handling, the inability or additional care and equipment necessary to stack top freight or load adjacent freight, and the inherent risk of damage. However, these issues can be mitigated when the articles are shipped in boxes or crates. In view of the information of record, it would be in keeping with CCSB policy and precedent to establish provisions based on packaging and density, as proposed 2. The table on the following page 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 proposed classes when tendered in boxes or crates according to CCSB density guidelines, and a one-class adjustment to reflect the identified negative handling, stowing and liability considerations when the articles are tendered in packages other than boxes or crates 3. 2 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. 3 The proposed provisions would not authorize loose shipments. Subject 8, Page 4 of 5

51 SUBJECT 8 Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Class Adjustment Based on Handling, Stowability and Liability Considerations Less than but less than or greater Additionally, a new Note would be established to clarify that the item also applies on tugs or tuggers used to push or pull heavy wheeled equipment or vehicles. Precedent for this approach can be found on Docket , Subject 13 (May 2017), involving solar collectors or panels. Density was determined to be the primary transportation characteristic when those products were shipped in boxes or one of the authorized numbered packages. When tendered in packages other than boxes or the authorized numbered packages, the products were generally not as well protected and thus presented additional handling, stowability and liability concerns. Accordingly, classes were predicated on packaging and density, assigning respectively higher classes for commodities tendered for shipment in packages other than boxes or the authorized numbered packages. That proposal was approved as docketed, and the provisions first appeared in Supplement 2 to NMF 100- AQ, effective August 5, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. Subject 8, Page 5 of 5

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53 SUBJECT 9 Re: Borax (Sodium Borate) Items and CCSB Contact: Kyle R. Smith Telephone (703) kyle.smith@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CHEMICALS GROUP: subject to item Borax (Sodium Borate); other than puffed or expanded; or puffed or expanded, having an actual density in pounds per cubic foot of 30 or greater, see Note, item 43526; in bags, boxes or drums * Borax (Sodium Borate), puffed or expanded, NOI, see Note, item 43526, in bags, boxes or drums, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 or greater NOTE Puffed or expanded borax (sodium borate) having an actual density in pounds per cubic foot of 30 or greater will be classed per item only when density is shown on bill of lading and shipping order at time of shipment. When actual density is less than 30 pounds per cubic foot, or when density is not shown on bill of lading and shipping order at time of shipment, item will apply. *Published in Supplement 2 to NMF 100-AQ, effective August 5, Proposed Classification Provisions Item Description Class CHEMICALS GROUP: subject to item Borax (Sodium Borate), in bags, boxes or drums, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub but less than Sub 3 30 or greater Subject 9, Page 1 of 4

54 SUBJECT 9 Proposed Classification Provisions Concluded Item Description Class CHEMICALS GROUP: subject to item Borax (Sodium Borate), puffed or expanded, NOI, etc... Cancel; see item NOTE Cancel; no further application. Analysis This subject proposes to cancel item with reference to item for clarification and simplification, and to provide classes reflective of the identified transportation characteristics of borax (sodium borate). History of Provisions The provisions of item were adopted from the rails and first appeared in LTL-1, effective April 1, A rating equivalent to the current class 55 first appeared in Supplement 10 to NMFC No. 2, effective October 8, 1937, in order to remain competitive with the rails. As a result of action taken on Docket 855, Subject 2 (July 1985), the description was amended to read other than puffed or expanded; or puffed or expanded, having an actual density in pounds per cubic foot of 30 or greater, and reference to Note, item was added. These changes first appeared in Supplement 8 to NMF 100-L, effective December 28, The provisions of item 43525, and Note, item 43526, were established as a result of action taken on Docket 855, Subject 2 (July 1985), and first appeared in Supplement 8 to NMF 100-L, effective December 28, As a result of action taken on Docket , Subject 16 (May 2017), the 4 but less than 6 pcf density interval was amended to assign class 175, and this change first appeared in Supplement 2 to NMF 100-AQ, effective August 5, About Borax Borax, also known as sodium borate, is a naturally occurring mineral that has a soft, colorless crystalline structure. Borax has a wide variety of uses, including use in making glass and pottery glazes, as a flux, a fertilizer additive and a water softener 1. However, it is more recognizably used in household cleaning supplies 2. Examples of borax are shown on the following page. 1 (accessed November 2017) 2 (accessed November 2017) Subject 9, Page 2 of 4

55 SUBJECT 9 Transportation Characteristics Density The information of record for products moving under items and includes 196 observations obtained from the CCSB s Density Study 3. Densities range from 2.29 to pcf, with an overall average of pcf. When the data is divided into three density groupings of less than 22.5 pcf, 22.5 but less than 30 pcf, and 30 pcf or greater, the resultant density ranges and averages emerge. Density Group (pcf) Density Range (pcf) Average Density Percentage of Figures (pcf) in Group Less than % 22.5 but less than % 30 or greater % Stowability and Handling The information of record indicates that borax is typically tendered secured on lift truck skids or pallets 4. There have been no reports of unusual or significant handling or stowability issues. 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. There is no indication of a claims problem. No information was obtained on the value per pound of these commodities. 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. 4 While it is unclear from the information of record how these products are packaged for shipment, the present and proposed provisions require borax to be packaged in bags, boxes or drums. Subject 9, Page 3 of 4

56 SUBJECT 9 Relationship to CCSB Policies and Guidelines CCSB policy calls for combining item descriptions embracing related commodities and structuring item descriptions so as to foster clarification and simplification. CCSB policy also calls for provisions to reflect a commodity s known transportation characteristics. Borax exhibits a range of densities from 2.29 to pcf, with an average density of pcf. An average density of pcf is associated with class 65 per CCSB guidelines, which call for a minimum average density of 22.5 pcf. However, when commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. Although item currently provides the CCSB s former ninesubprovision full density scale, based on the information of record, over 47% of the figures are 30 pcf or greater, and over 70% of the figures are 22.5 pcf or greater. This distribution of densities is not accurately represented by the current density scale. The table below shows the results of an evaluation of the data with breaks at 22.5 and 30 pcf. Density Group (pcf) Average Density CCSB Minimum Average Class Based on CCSB (pcf) Density Guideline (pcf) Density Guidelines Less than but less than or greater It would be in keeping with CCSB policy to cancel item with reference to item 43520, and concurrently amend item Since there are no significant negative handling, stowability or liability characteristics associated with borax, it would be in keeping with CCSB policies and precedent to provide classes predicated on density, with density breaks at 22.5 and 30 pcf 5. Note, item would be canceled with no further application. A similar approach was taken on Docket , Subject 2 (June 2015), where item was canceled with reference to item , and item was concurrently amended by assigning classes based on density breaks at 22.5 and 30 pcf to magazines, periodicals or newspaper inserts or supplements. The proposal was approved as modified, and the changes first appeared in Supplement 2 to NMF 100-AO, effective August 22, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. 5 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 9, Page 4 of 4

57 SUBJECT 10 Re: Pickup Truck Bed Storage Boxes or Organizers CCSB Contact: Matthew S. Erim Telephone (703) Proponent: Unishippers of Montana, Kalispell, Montana, on behalf of Decked LLC, Ketchum, Idaho Present Classification Provisions Item Description Class AUTOMOBILE PARTS GROUP: subject to item * Body Parts; Parts; or Trim; viz.: Body Parts, NOI, see Notes, items 18262, and 18266; Brush Guards, Grille Guards, Bull Bars or Push Bars, separate or combined with bumpers; Bumpers or Bumper Fittings, NOI, plastic, front or rear end protection; Driving Gear or Steering Gear Parts, NOI; Frames or Holders, automobile license plate or personal identification plate, plastic, with or without fasteners; Louvers, air conditioning, heating or ventilating; Parts, NOI, see Notes, items 18262, and 18266; Pickup Truck Bed Liners, molded plastic; Repair Panels, NOI, see Note, item 18267; Running Boards, NOI, with or without splash guards, step plates or lights; Trim, body, fender, front end, rear end or roof, see Notes, items 18262, and 18266; Wheel Covers, Trim Rings or Rims, or Hubcaps, other than grease caps; In packages, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE Not Involved NOTE Not Involved NOTE Not Involved NOTE Not Involved. *Published in Supplement 2 to NMF 100-AQ, effective August 5, Subject 10, Page 1 of 3

58 SUBJECT 10 Proposed Classification Provisions Item Description Class AUTOMOBILE PARTS GROUP: subject to item Body Parts; Parts; or Trim; viz.: Body Parts, NOI, see Notes, items 18262, and 18266; Pickup Truck Bed Storage Boxes or Organizers, plastic, see Note, item NEW; [Other Articles Listed No Change.] In packages, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE No Change NOTE No Change NOTE No Change NOTE No Change. NEW NOTE Applies on storage boxes or organizers for installation in pickup truck beds, having enclosed drawers and a top that serves as a raised deck the full length and width of the truck bed. Analysis This proposal was submitted by Unishippers of Montana on behalf of Decked LLC to specifically name plastic pickup truck bed storage boxes or organizers. It is the CCSB s opinion that the applicable classification provisions for the involved products are found in item 18260, under the Automobile Parts Group generic heading, naming Body Parts, NOI. The proponent believes that specifically naming their products in item would alleviate interpretation issues. About Pickup Truck Bed Storage Boxes or Organizers The involved products are plastic storage boxes or organizers that are installed in the bed of pickup trucks. The products have enclosed drawers which span the full length and width of the truck bed, and the top of the unit serves as a raised deck. Pictures of the involved products are included on the following page. Subject 10, Page 2 of 3

59 SUBJECT 10 Transportation Characteristics Density The proponent provided two density observations of 6.67 and 6.93 pcf on separate models of their product. The average density is 6.80 pcf. Handling and Stowability As shown in the photos on this page, the proponent s products are shipped in fiberboard boxes secured on lift truck skids or pallets. These packages include directional arrows for proper loading orientation. There are no significant or unusual handling or stowability characteristics. Liability The involved articles are not perishable, hazardous in nature, unusually susceptible to theft, unusually liable to damage and would not appear likely to damage other freight. In a one-year period, 11 damage claims were filed on 2,565 shipments, with a claims ratio of 0.64%. The values of the two models of pickup truck bed storage boxes or organizers on which the proponent submitted data are $4.77 and $4.82 per pound, which average $4.80 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 s opinion is that the applicable classification provisions for the proponent s products are found in item 18260; however, the proponent has continued to experience interpretation issues. Specifically naming these products in item 18260, the proponent believes, would help eliminate any ambiguity as to the applicable NMFC item for these products. Subject 10, Page 3 of 3

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61 SUBJECT 11 Re: Tools, power, other than power hand tools Item CCSB Contact: Erin N. Topper Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item Tools, power, other than power hand tools, separate or combined, with or without stands, see Note, item , viz.: Abrasive (Sanding) Machines; Cut-off Machines, abrasive disc type; Drill Presses, NOI, with or without columns protruding; Grinders, see Note, item , or Grinding or Polishing Heads; Jointers; Lathes, NOI, see Note, item ; Planers; Saws, band, circular, radial, jig or scroll; Shapers; Sub 1 Loose or on skids Sub 2 In boxes, crates or Package NOTE Applies on these articles when equipped or mounted on pedestals or stands that are a basic essential structural part of the power tool machine, and does not include stands or pedestals that are in the nature of accessorial equipment. Shipments may contain accessorial attachments for the tools named NOTE Will also apply on tools identified as Milling Machines which use grinding as their means of milling NOTE Does not apply on dental lathes, engravers' lathes, jewelers' lathes or watchmakers' lathes, nor on metalworking lathes weighing each 2,000 pounds or more. See item for applicable provisions for metalworking lathes weighing each 2,000 pounds or more, item for dental lathes and item for engravers' lathes, jewelers' lathes or watchmakers' lathes. Subject 11, Page 1 of 6

62 SUBJECT 11 Proposed Classification Provisions Item Description Class MACHINERY GROUP: subject to item Tools, power, other than power hand tools, with or without pedestals or stands, see Note, item , viz.: Abrasive (Sanding) Machines; Cut-off Machines, abrasive disc type; Drill Presses, NOI; Grinders, see Note, item , or Grinding or Polishing Heads; Jointers; Lathes, NOI, see Note, item ; Mortisers; Planers; Saws, band, circular, radial, jig or scroll; Shapers; Sub 1 In boxes, crates or Package 2113, 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 12 or greater Sub 5 In packages other than boxes, crates or Package 2113, 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 12 or greater NOTE Applies on these articles when equipped or mounted on pedestals or stands that are a basic essential structural part of the power tool machine, and does not include pedestals or stands that are in the nature of accessorial equipment. Shipments may contain accessorial attachments for the tools named NOTE Also applies on tools identified as Milling Machines which use grinding as their means of milling NOTE No Change. Analysis Research Project 1298 This proposal is based on the information developed through Research Project 1298, which was initiated in December of 2016 as part of a review of NMFC items that permit commodities to be shipped loose. Subject 11, Page 2 of 6

63 SUBJECT 11 History of Provisions Item and Notes, items and were established as a result of action taken on Docket 104, Subject 78 (June 1962). That was a proposal to cancel and consolidate various items applying on different types of power tools into an encompassing viz. listing. The provisions first appeared in Supplement 14 to NMFC A-6, effective March 19, Between 1963 and 1995, there were subsequent descriptive changes to both item and Note, item The current provisions of item were established as a result of action taken on Docket 958, Subject 4 (December 1995). Information on that record indicated an average density of 9.37 pcf. A one-class adjustment was established for sub 1 to account for the added handling, stowing and liability issues when tendered loose or on skids. Concurrently, Note, item was established to clarify that the provisions for grinders also apply on milling machines that function by grinding. The changes first appeared in Supplement 8 to NMF 100- V, effective March 2, Note, item was further amended for clarification as a result of action taken on Docket , Subject 11 (November 2003), and the changes first appeared in Supplement 1 to NMF 100-AD, effective January 24, About Power Tools, Other Than Hand Power tools are machines that function with electricity and are used to alter wood, metal and other materials by means of cutting, drilling, sanding, etc. The involved products are named in the viz. listing in item However, during a recent interpretation inquiry it was found that mortisers, which are not specifically named in item , are similar in nature to the other power tools named in the item. Examples of the involved power tools are shown below. Band Saw Jointer Mortiser Subject 11, Page 3 of 6

64 SUBJECT 11 Transportation Characteristics Density The information of record for power tools includes 44,638 density observations submitted by shippers and carriers, collected during CCSB dock surveys and obtained from the CCSB s Density Study 1. The densities range from 0.56 to pcf, with an overall average of pcf. When the data is evaluated based on density breaks at 8 and 12 pcf, the following ranges and averages emerge. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater Handling Power tools are tendered for shipment in boxes secured on lift truck skids or pallets, in crates, or secured on 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. Power tools not fully protected by packaging should be handled with more care and attention so as to prevent or mitigate the chance of damage. Stowability Power tools packaged in boxes, crates or Package 2113 generally do not pose unusual or significant stowing considerations. When tendered in packages other than boxes, crates or Package 2113, negative stowing characteristics have been identified. Power tools tendered in packages other than boxes, crates or Package 2113 will generally lack a flat load-bearing 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. These factors can result in increased time and effort on the part of the carrier to properly structure the load, including the use of load decks and/or dunnage, to minimize the potential for damage and efficiently use the available vehicle space. 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 4 of 6

65 SUBJECT 11 Liability Power tools are not perishable, hazardous in nature, nor are they unusually susceptible to theft. When tendered in packages other than boxes, crates or Package 2113, 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. One carrier provided a claims ratio of 1.18% for freight moving from January until September of Other responding carriers and shippers indicate minimal claims on the involved products. The value per pound ranges from $5.20 to $37.50, with an average of $14.83 per pound. Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to reflect a commodity s known transportation characteristics. The information of record indicates that the involved articles range in density from 0.56 to pcf, with an overall average of pcf. CCSB policy provides that where commodities or commodity groups exhibit a wide density range not accurately reflected by a single, overall average density, they may be assigned density-based classes. However, in this instance research has identified significant negative handling, stowability and liability characteristics, particularly when the articles are not packaged in boxes, crates or Package 2113, and these characteristics must also be considered, in accordance with CCSB policies. These have been detailed in this analysis and include such factors as the need for additional care and attention in handling, the inability or additional care and equipment necessary to stack top freight or load adjacent freight, and the inherent risk of damage. However, these issues can be mitigated when the articles are shipped in boxes, crates or Package The following table relates the information of record to the proposed density groupings and CCSB guidelines for the proposed classes when tendered in boxes, crates or Package 2113, and the class adjustment for when the articles are tendered in packages other than boxes, crates or Package Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Class Adjustment Based on Handling, Stowing and Liability Considerations Less than but less than or greater In view of the information of record, it would be in keeping with CCSB policy and precedent to establish classes based on packaging and density, as proposed 2. Such an approach would provide a means for addressing both the density range as well as the respective handling, stowing and liability characteristics. 2 Both sets of classes would include reference to Item (Rule) 170, the inadvertence clause. Subject 11, Page 5 of 6

66 SUBJECT 11 It would also be in keeping with CCSB policy to add Mortisers to the viz. listing to specifically name these products with the other similar power tools. Additional changes to the description of item and Notes, items and are proposed in the interest of clarification and uniformity. A similar approach was taken on Subject 4 of Docket (January 2013), involving item for boiler, furnace or commercial or industrial baking oven burners, sprayers or vaporizers. Item was amended to provide classes based on packaging and density. Density was determined to be the primary transportation characteristic when those products were shipped in boxes or crates, or in fiberboard containers securely fastened to lift truck skids or pallets. When tendered in other packages, the articles presented additional stowing and liability concerns. Accordingly, classes were predicated on packaging and density, assigning respectively higher classes for burners, sprayers or vaporizers tendered for shipment in packages other than boxes or crates, or fiberboard containers securely fastened to lift truck skids or pallets. 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 policies and precedent. Subject 11, Page 6 of 6

67 SUBJECT 12 Re: Capsules, dosage delivery, empty Item CCSB Contact: Daniel E. Horning Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class Capsules, gelatine, in boxes. See item for class dependent upon agreed or released value Proposed Classification Provisions Item Description Class Capsules, dosage, empty, in boxes Analysis Research Project 1283 This proposal is based on the information developed through Research Project 1283, which was initiated in June of 2016 to address interpretation issues involving dosage capsules, and to investigate the transportation characteristics of these products. Item is currently restricted to gelatine capsules, but inquiries have been received on other types of dosage capsules, leading to interpretation difficulties. CCSB opinions have held capsules made of other materials to be classified by analogy under the provisions of item History of Provisions Provisions for gelatine capsules were adopted from the rails in 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 1. 1 Other than the subsequent reference to item Subject 12, Page 1 of 3

68 SUBJECT 12 About Capsules Capsules are dosage delivery devices for ingesting an array of medications, vitamins, dietary supplements, and the like. Available in both hard and soft shell, capsules are viewed as the most efficient means of delivery. The involved products are made from gelling agents, such as animal protein (mainly gelatin) or plant polysaccharides or their derivatives 2. There is also a vegetarian capsule that is manufactured from plant fiber, which dissolves more quickly and is 100% vegan 3. Examples of empty dosage capsules are shown below. Transportation Characteristics Density The information of record includes 389 density observations submitted by a shipper and obtained from the CCSB s Density Study 4. The products range in density from 2.20 to pcf, with an average of 4.68 pcf. Over 87% of the figures fall between 2 and 6 pcf. Handling and Stowability The information of record indicates that capsules are shipped in boxes and are generally secured on lift truck skids or pallets. As with food or other ingestible products, care must be taken to avoid stowing capsules with hazardous materials or other freight that may pose a contamination risk. However, there have been no reports of unusual or significant handling or stowing concerns. Liability The involved commodities are not hazardous in nature, nor do they exhibit a propensity to damage other freight. There is no evidence of record that these products are perishable or unusually susceptible to theft. These products may be damaged by freight with which stowed or by the elements. As with other types of ingestible products, they may require extra care and attention to avoid contamination. One responding shipper reported one claim per year and a value of $13.26 per pound. Carriers indicated minimal to no claims on the involved products. 2 (accessed December 2017) 3 (accessed December 2017) 4 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 2 of 3

69 SUBJECT 12 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 provisions of item are currently restricted to only gelatine capsules, which has been the source of interpretive inquiries. This proposal would remove the restriction of gelatine and amend the description of item to clarify that the entry applies on empty dosage capsules, regardless of material makeup, in keeping with CCSB policy. The proposal is also in keeping with Item (Rule) 421, governing Classification by Analogy, which calls for the CCSB to consider the establishment of specific provisions for products classified by analogy. CCSB policy also calls for provisions to reflect a commodity s known transportation characteristics. Information of record indicates that capsules, including other than gelatine, range in density from 2.20 to pcf, with an average of 4.68 pcf, and the preponderance of density figures concentrated around the overall average. While some handling, stowability or liability considerations have been noted, they do not appear to significantly impact the transportability of these products. Under CCSB guidelines, an average density of 4.68 pcf is generally associated with class 200, which calls for a minimum average density of 4 pcf. This proposal would assign class 200 to item in lieu of the current class 125. Additionally, this proposal would remove the reference to item 60000, which provides class 70 where value is released to not exceeding $3.25 per pound. A similar approach was taken on Docket , Subject 12 (January 2016), involving children s potty chairs. No significant handling, stowability or liability concerns were reported and, as such, density was determined to be the primary transportation characteristic. Potty chairs exhibited an average density of 4.35 pcf, which is generally associated with class 200. Based on the information of record, and in keeping with CCSB guidelines, that proposal was approved as docketed, assigning class 200, and the change first appeared in Supplement 1 to NMF 100-AP, effective April 16, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 12, Page 3 of 3

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71 SUBJECT 13 Re: Air Cleaners or Air Filtering Machines, electrostatic or mechanical, without blowers or fans, other than portable Item CCSB Contact: Keith L. Charles, Jr. Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item Air Cleaners or Air Filtering Machines, electrostatic or mechanical, without blowers or fans, other than portable, other than fume or gas scrubbers and other than using renewable roll-type filtering media, in boxes or crates, or if weighing each 500 pounds or more, on skids Proposed Classification Provisions Item Description Class MACHINERY GROUP: subject to item Air Cleaners or Air Filtering Machines, electrostatic or mechanical, without blowers or fans, other than portable, other than fume or gas scrubbers and other than using renewable roll-type filtering media, in boxes or crates, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 8 or greater Analysis Research Project 1291 This proposal is based on information developed through Research Project 1291, which was initiated in September 2016 to review the transportation characteristics of air cleaners or air filtering machines, as named in item History of Provisions The provisions for electrostatic or mechanical air cleaners or air filtering machines were established as a result of action taken on Special Docket No. 3 (issued March 15, 1952) and first appeared in Supplement 2 to NMFC A-1, effective August 12, The provisions have remained substantially unchanged to the present. Subject 13, Page 1 of 3

72 SUBJECT 13 About Air Cleaners or Air Filtering Machines Air cleaners or air filtering machines maintain a filtering system that helps with eliminating airborne pollutants. These cleaners are non-portable machines and can be installed within homes, offices, hospitals and factories. They have an exterior cabinet or housing, usually made of steel. Electrostatic air cleaners or air filtering machines, also referred to as electronic air cleaners, have an ionization section with an electrostatic collector and are equipped with removable galvanized frame carbon filters 1. Mechanical air filters are another type of air cleaning device that remove particles by capturing them on filtering materials 2. These filters use synthetic fibers, that serve as a dry medium, in order to trap small particles, thereby preventing them from circulating in the air. When operating, these electrostatic or mechanical devices remove debris including, but not limited to, dust, mite and pollen particles, pet dander, mold, fungi, and tobacco smoke. Transportation Characteristics Density The information of record includes 5,419 density observations submitted by a carrier and obtained from the CCSB s Density Study 3. The products range in density from 0.73 to pcf, with an average density of 6.76 pcf. When the data is evaluated based on a density break at 8 pcf, the following density ranges and averages are found. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than or greater (accessed October 2017) 2 (accessed October 2017) 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 13, Page 2 of 3

73 SUBJECT 13 Handling and Stowability The involved articles are generally tendered in boxes that may be secured on lift truck skids or pallets, or in crates. No significant handling or stowability issues have been reported. 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. There is no indication of a claims problem. No information was obtained on the value per pound of these commodities. Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. The information of record for air cleaners or air filtering machines shows that these products have a density range from 0.73 to pcf, with an overall average of 6.76 pcf, and no unusual or significant handling, stowability or liability characteristics. Under CCSB guidelines, an average density of 6.76 pcf is generally associated with class 150, which calls for a minimum average density of 6 pcf. However, when commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. When the data of record is evaluated based on the proposed density break at 8 pcf, the following average densities and classes emerge. Density Group (pcf) Average Density CCSB Minimum Average Class Based on CCSB (pcf) Density Guideline (pcf) Density Guidelines Less than or greater It would be in keeping with CCSB policy and precedent to amend item by establishing classes predicated on a density break at 8 pcf 4 for the involved products. Concurrently, removing the packaging exception allowing air cleaners or air filtering machines weighing each 500 pounds or more to be shipped on skids, would be in keeping with CCSB packaging policies, which call for packaging specifications 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. A similar approach was taken on Docket , Subject 8 (June 2015), involving fir or pine cones. Density was determined to be the primary transportation characteristic, since there were no significant handling, stowability or liability concerns reported. While the densities were distributed throughout the range of 1.92 to pcf, a single density break at 8 pcf was proposed to provide a more accurate representation of the distribution of the density observations. That proposal was approved as docketed, and the provisions first appeared in Supplement 2 to NMF 100-AO, effective August 22, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. 4 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 13, Page 3 of 3

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75 SUBJECT 14 Re: Insoles, boot or shoe, including Arch Supports or Arch Support Insoles CCSB Contact: Keith L. Charles, Jr. Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class Boot or Shoe Arch Supports or Arch Support Insoles, in boxes BOOT GROUP: subject to item Innersoles, paper, in bags, boxes or drums Insoles, in boxes: Sub 1 Felt, also in burlapped bales Sub 2 Plastic, other than cellular, expanded or foam Soles or Insoles, cork, in bales or boxes Proposed Classification Provisions Item Description Class Boot or Shoe Arch Supports or Arch Support Insoles, etc... Cancel; see item A-NEW BOOT GROUP: subject to item Innersoles, paper, etc... Cancel; see item A-NEW Insoles, etc... Cancel; see item A-NEW A-NEW Insoles, see Note, item B-NEW, in boxes B-NEW NOTE Also applies on Arch Supports or Arch Support Insoles Soles, cork, in boxes... No Change Analysis Research Project 1280 This proposal is based on the information developed through Research Project 1280, which was initiated in June 2016 to investigate the transportation characteristics of insoles. History of Provisions The original provisions of items 28080, 28400, sub 1 and were adopted from the rails and first appeared in LTL-1, effective April 1, 1936, at ratings equivalent to the current classes. Subject 14, Page 1 of 3

76 SUBJECT 14 Item was also adopted from the rails in The current class 70 in item was established as a result of action taken on Special Docket No. 2 (issued April 27, 1951) and first appeared in NMFC A-1, effective July 10, The provisions for plastic insoles, as named in sub 2 of item 28400, were established as a result of action taken on Docket 135, Subject 77 (July 1968) and first appeared in Supplement 9 to NMFC A-10, effective December 23, The provisions have remained substantially unchanged to the present. About Insoles The involved products refer to the inside sole of a boot or shoe, including removable soles that provide extra comfort or support. Insoles can be made out of a variety of materials. Examples of these products are shown below. Transportation Characteristics Density Overall, the information of record includes 1,635 density figures submitted by a carrier, observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study 1. The products range in density from 1.75 to pcf, with an average density of 6.27 pcf. Over 77% of the figures are clustered between 4 and 10 pcf. Handling and Stowability The involved articles are generally shipped in boxes unitized on lift truck skids or pallets. There have been no reports of any unusual or significant handling or stowability problems. Liability The involved articles are not perishable, unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor do they appear likely to damage other freight. There are no indications of claims problems, and no value information was obtained. 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 14, Page 2 of 3

77 SUBJECT 14 Relationship to CCSB Policies and Guidelines CCSB policy calls for provisions to be as clear as possible to mitigate the potential for interpretation disputes and combining descriptions embracing related commodities, in the interest of clarification and simplification. This proposal would cancel the provisions of items 28080, and with reference to a new item naming Insoles. In order to address further potential interpretation issues, and in the interest of clarification and simplification, it would be within CCSB policy to remove the term Insoles from item 28540, as proposed. Cork insoles would therefore be classified in the proposed new item. (The packaging reference to in bales would also be removed from item reflective of how the remaining products are believed to be packaged, i.e. in boxes, and to provide adequate protection in the LTL environment.) Additionally, a new Note would be established to indicate that the provisions for insoles also apply on arch supports or arch support insoles. CCSB policy also calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Information of record indicates that insoles range in density from 1.75 to pcf, with an average density of 6.27 pcf, and the preponderance of density figures are concentrated around the overall average. Additionally, no unusual or significant handling, stowability or liability characteristics were identified. An average density of 6.27 pcf is generally associated with class 150 under CCSB density guidelines, which call for a minimum average density of 6 pcf. Under this proposal, class 150 would be assigned to the new item. A similar approach was taken on Docket , Subject 11 (January 2017), involving mailing machines. No significant handling, stowability or liability concerns were reported, and, as such, density was determined to be the primary transportation characteristic. As with insoles, mailing machines exhibited a wide range of densities from 1.01 to pcf with a significant concentration of density observations over 71% clustered around the overall average density of 6.31 pcf. Based on the information of record, and in keeping with CCSB guidelines, that proposal was approved as docketed, assigning class 150, and the changes first appeared in Supplement 1 to NMF 100-AQ, effective April 15, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 14, Page 3 of 3

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79 SUBJECT 15 Re: Sweeteners CCSB Contact: Allison L. Austin Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FOODSTUFFS GROUP: subject to item Sweetening Compounds, other than sugar base and other than syrups: Sub 1 In single-serving packets in boxes Sub 2 NOI, in boxes, drums or Package Proposed Classification Provisions Item Description Class FOODSTUFFS GROUP: subject to item Sweeteners, NOI, including Sugar Alcohols, see Note, item NEW, in bags, boxes, drums or Package 2407, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 8 but less than Sub 3 12 or greater NEW NOTE Does not apply on syrups. Analysis Research Project 1292 This proposal is based on the information developed through Research Project 1292, which was initiated in October 2016 to review the transportation characteristics of sweeteners. History of Provisions Item was established as a result of action taken on Docket 105, Subject 107 (September 1962) and first appeared in Supplement 13 to NMFC A-6, effective February 15, The current provisions were established as a result of action taken on Docket 881, Subject 1 (February 1988) and first appeared in Supplement 2 to NMF 100-O, effective May 15, The provisions have remained substantially unchanged to the present. 1 Sweetening compounds were previously grouped in provisions with extracts and flavoring compounds. Subject 15, Page 1 of 4

80 SUBJECT 15 About Sweeteners This proposal involves natural or artificial/synthetic substances that primarily function as food or beverage sweetening additives 2. It does not encompass syrups, or products, such as sugar, honey or molasses, that are more specifically described elsewhere in the Classification. While item currently restricts application to other than sugar base, sweeteners derived from sugar, such as those with a chemical makeup that includes sucralose a chlorinated form of sucrose (table sugar) were included in the research. The involved products may be marketed and sold as table-top sweeteners or as ingredients to be added to a variety of processed foods and beverages. Sugar alcohols, including sorbitol, mannitol and xylitol, are a sub-category of sweeteners, and are often utilized in conjunction with artificial sweeteners to enhance sweetness. Examples of a few of the various forms of the involved products are shown below. Transportation Characteristics Density Information of record for sweeteners includes 9,384 density observations submitted by a carrier, collected during CCSB dock surveys and obtained from the CCSB s Density Study 3. The products range in density from 2.00 to pcf, with an average density of pcf. When the data is evaluated based on density breaks at 8 and 12 pcf, the following ranges and averages emerge. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater (accessed November 2017) 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 15, Page 2 of 4

81 SUBJECT 15 Handling and Stowability Sweeteners are tendered for shipment in a variety of packages, including bags, boxes or drums. 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. The handling units may include shipper instructions such as Do Not Double Stack. However, no significant handling or stowability issues have been reported. Liability Sweeteners are not generally perishable, hazardous in nature, unusually susceptible to theft, and would not appear likely to damage other freight. They may be damaged by freight with which stowed or by the elements. As with other food, these products may require extra care or attention to avoid contamination. One carrier reports a claims ratio of 0.32% for item in A second carrier reports zero claims on the involved articles over a two-year period. No value information has been obtained on sweeteners. Relationship to CCSB Policies and Guidelines CCSB policy calls for adding commonly used terminology to descriptions and replacing outdated terminology, in the interest of clarification and simplification. Under this proposal, item would be amended to name Sweeteners, NOI, including Sugar Alcohols. The restriction other than sugar base would be removed to allow similar commodities, such as sucralose-based sweeteners, to be grouped together. The restriction against syrups would be moved to a new Note. CCSB policy also calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. The information of record for sweeteners shows that these products have a density range from 2.00 to pcf, with an average density of pcf, and no unusual or significant handling, stowability or liability characteristics. Under CCSB guidelines, an average density of pcf is generally associated with class 92.5, which calls for a minimum average density of 10.5 pcf. However, when commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. Accordingly, this proposal would establish classes based on three density groups of less than 8 pcf, 8 but less than 12 pcf, and 12 pcf or greater 4, with classes reflective of the average density of each grouping, as shown in the table below. 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 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 15, Page 3 of 4

82 SUBJECT 15 Precedent for this approach can be found in Docket , Subject 6 (May 2017), involving dietary supplements and vitamins, as named in item Density was determined to be the primary transportation characteristic since there were no significant handling, stowability or liability concerns reported. Two density breaks at 8 and 12 pcf were proposed to provide a more accurate representation of the identified density range of 0.55 to pcf. That proposal was approved as docketed, and the provisions first appeared in Supplement 2 to NMF 100-AQ, effective August 5, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 15, Page 4 of 4

83 SUBJECT 16 Re: Bird Food or Seed Item CCSB Contact: Allison L. Austin Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class Bird Food or Seed, in bags, boxes or drums: Sub 1 Wild bird (outdoor bird), other than molded or pressed into forms, shapes or figures Sub 2 Wild bird (outdoor bird), molded or pressed into forms, shapes or figures Sub 3 Domestic bird (indoor bird), with or without cuttlebone Proposed Classification Provisions Item Description Class Bird Food or Seed, etc... Cancel; see item NEW FEED GROUP: subject to item NEW Birdseed or Bird Food, other than poultry feed, in bags, boxes or drums Analysis This proposal is in response to a report brought to the CCSB that shipments of bird food or seed exhibit transportation characteristics inconsistent with the currently assigned classes. History of Provisions The provisions of item were adopted from the rails in As a result of action taken on Docket 105, Subject 81 (September 1962), subprovisions were established to distinguish between food for wild birds and other types of birds, and those changes first appeared in Supplement 13 to NMFC A-6, effective February 15, The current provisions were established as a result of action taken on Docket 133, Subject 20 (March 1968) and first appeared in Supplement 3 to NMFC A-10, effective September 4, The provisions have remained substantially unchanged to the present. Subject 16, Page 1 of 3

84 SUBJECT 16 About Bird Food or Seed This proposal involves products that are intended for consumption by pet birds or wild birds. It does not encompass poultry feed, which is generally used for domesticated farm birds, and is named elsewhere in the Classification. The involved commodities may consist entirely of one or more types of birdseed, or they may be comprised of a mixture of disparate ingredients, such as a blend of grains, corn and fruit. The size and form of the products will also vary depending on the specific dietary needs or preferences of the different species. Examples of some of these commodities are shown below. Transportation Characteristics Density Information of record on bird food or seed includes 5,000 density observations obtained from the CCSB s Density Study 1. The products range in density from 3.13 to pcf, with an average density of pcf. Almost 88% of the figures fall between 12 and 30 pcf. Handling and Stowability The information available relating to packaging indicates that bird food or seed is generally tendered for shipment in boxes, which may be secured on lift truck skids or pallets. The involved products may also be shipped in bags or drums. As with food for humans, care must be taken to avoid stowing bird food or seed with hazardous materials or other freight that may pose a contamination risk. However, there have been no reports of unusual or significant handling or stowability problems. Liability Bird food or seed is not generally perishable, hazardous in nature, unusually susceptible to theft, and would not appear likely to damage other freight. It may be damaged by freight with which stowed or by the elements. As with other food, these products may require extra care or attention to avoid contamination. However, responding carriers report minimal to no claims for the involved articles. No value information has been obtained on bird food or seed. 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 16, Page 2 of 3

85 SUBJECT 16 Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to reflect a commodity s known transportation characteristics and for listing provisions under appropriate generic headings. Information of record for bird food or seed shows a range in density from 3.13 to pcf, with an average density of pcf, and the preponderance of density figures concentrated around the overall average. While there are some handling, stowability and liability concerns inherent with shipping bird food or seed, they do not appear to significantly impact the transportability of these products. As such, per CCSB policy, density is the governing characteristic in the assignment of classes. Under CCSB guidelines, an average density of pcf is generally associated with class 70, which calls for a minimum average density of 15 pcf. Under this proposal, item would be canceled and reestablished as a new item under the Feed Group, naming Birdseed or Bird Food, other than poultry feed, at class 70. Precedent for this approach can be found in Docket , Subject 8 (September 2016), involving licorice candy. No significant handling, stowability or liability concerns were reported and, as such, density was determined to be the primary transportation characteristic. Licorice candy exhibited a wide range of densities 4.50 to pcf with a significant concentration of density observations over 80% 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 4 to NMF 100-AP, effective December 10, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 16, Page 3 of 3

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87 SUBJECT 17 Re: Games or Toys, metal Items 84200, and CCSB Contact: Larissa A. Franklin Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class GAMES OR TOYS GROUP: subject to item Games or Toys, NOI, cast iron, in boxes, crates or drums Games or Toys, NOI, iron, sheet or sheet and cast combined, in boxes, crates or drums: Sub 1 20 gauge or thicker sheet Sub 2 21 gauge or thinner sheet Games or Toys, NOI, lead, or lead or zinc alloy, in boxes * Games or Toys, viz.: Games or Toys, NOI; [Other Articles Listed Not Involved.] In boxes or Packages 841, 2213, 2249 or 2296, 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-AQ, effective August 5, Proposed Classification Provisions Item Description Class GAMES OR TOYS GROUP: subject to item Games or Toys, NOI, cast iron, etc... Cancel; see item Games or Toys, NOI, iron, sheet or sheet and cast combined, etc. Cancel; see item Subject 17, Page 1 of 4

88 SUBJECT 17 Proposed Classification Provisions Concluded Item Description Class GAMES OR TOYS GROUP: subject to item Games or Toys, NOI, lead, or lead or zinc alloy, etc... Cancel; see item Games or Toys, viz.: Games or Toys, NOI; [Other Articles Listed No Change.] In boxes or Packages 841, 2213, 2249 or 2296, 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 This proposal is in response to a report brought to the CCSB that shipments of cast iron games or toys, as named in item 84200, exhibit transportation characteristics inconsistent with the current class During the course of this investigation, the CCSB also reviewed the transportation characteristics of similar products moving under items (sheet or sheet and cast iron games or toys) and (lead, or lead or zinc alloy games or toys). History of Provisions The provisions of items 84200, and were adopted from the rails in The current classes in items and were established as a result of action taken on Special Docket No. 1 (issued July 20, 1949) and first appeared in Supplement 2 to NMFC A- 1, effective July 10, Sub 2 of item was adopted at a rating equivalent to the current class 100. The current class 92.5 in sub 1 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, All of the involved items have remained substantially unchanged to the present. Subject 17, Page 2 of 4

89 SUBJECT 17 About Metal Games or Toys The products embraced by items 84200, and are manufactured for child s play and entertainment. Metal games or toys from the late nineteenth and early twentieth centuries were generally made in small quantities and were of higher quality, thus making them more durable when compared to games or toys composed of other materials, such as plastic. Consequently, these older metal games or toys have become highly collectible antiques and are unlikely to move via LTL motor carrier service. Today, games or toys are rarely constructed solely of metal materials. Instead, there tends to be an amalgamation of the metal and other materials, with plastic being the most predominant one. Due to the combination of materials, there have been interpretive questions as to where these games or toys should be classified. These commodities are currently classified under item Additionally, of the games or toys composed solely of metal, it can be difficult to discern which particular metal is actually being used, which again leads to interpretive issues. Transportation Characteristics Density The information of record includes 1,586 density observations obtained from the CCSB s Density Study 1 on products reported to be moving under items 84200, and The table below provides an analysis of the density information in relation to the reportedly applicable item. Item Density Range (pcf) Average Density (pcf) Handling and Stowability The information available relating to packaging indicates that the involved products are generally tendered in boxes secured to lift truck skids or pallets. There have been no reports of unusual or significant handling or stowability problems. 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. There are no indications of claims problems, and no value information was obtained. 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 17, Page 3 of 4

90 SUBJECT 17 Relationship to CCSB Policies and Guidelines CCSB policy calls for provisions to reflect a commodity s known transportation characteristics. Information of record indicates that item has a range in density from 2.10 to pcf, with an average density of 7.85 pcf; item has a range in density from 1.67 to 9.60 pcf, with an average density of 5.60 pcf; and item has a range in density from 1.66 to pcf, with an average density of 6.41 pcf. The involved commodities exhibit no unusual or significant handling, stowability or liability considerations. Additionally, CCSB policy calls for classification provisions to be as clear as possible to help preclude interpretation disputes and also calls for combining descriptions of related commodities. As such, in light of the transportation characteristics, and to mitigate interpretation issues, this proposal, in keeping with CCSB policy, would cancel the provisions of items 84200, and with reference to the full-scale density provisions of item 84260, naming Games or Toys, NOI 2. A similar approach was taken on Docket , Subject 13 (September 2017), involving broom corn brooms. Based on the information of record, and in keeping with CCSB policy and precedent, that proposal was approved as docketed, and the item for broom corn brooms was canceled with reference to the density-based provisions of item 33010, naming Brooms, NOI. The change first appeared in Supplement 4 to NMF 100-AQ, effective November 25, 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 17, Page 4 of 4

91 SUBJECT 18 Re: Ice Breaking or Crushing Machines and Ice Shaving or Shredding Machines CCSB Contact: Larissa A. Franklin Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item Ice Breaking or Crushing Machines, with or without distributing devices, in boxes or crates or on skids, or loose if on wheels Ice Shaving or Shredding Machines, in boxes, crates or drums Proposed Classification Provisions Item Description Class MACHINERY GROUP: subject to item Ice Breaking or Crushing Machines, with or without distributing devices, etc... Cancel; see item NEW NEW Ice Crushing or Ice Shaving Machines, in boxes or crates, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 6 but less than Sub 3 10 or greater Ice Shaving or Shredding Machines, etc... Cancel; see item NEW Analysis This proposal is in response to a report brought to the CCSB that shipments of ice shaving or shredding machines, as named in item , exhibit transportation characteristics inconsistent with the current class 110. During the course of this investigation, the CCSB also reviewed the transportation characteristics of ice breaking or crushing machines, as named in item Hereinafter, these products will be referred to as ice crushing or ice shaving machines. History of Provisions The provisions for ice crushing machines and ice shaving machines, as named in items and , respectively, were adopted from the rails in Subject 18, Page 1 of 4

92 SUBJECT 18 As a result of action taken on Docket 65, Subject 63 (September 1954), the current provisions of item were established. The changes first appeared in Supplement 12 to NMFC A-2, effective August 9, As a result of action taken on Special Docket No. 1 (issued July 20, 1949), class 110 was established for item This change first appeared in NMFC A-1, effective July 10, The involved provisions have remained substantially unchanged to the present. About Ice Crushing or Ice Shaving Machines Ice crushing machines and ice shaving machines essential function is to take readymade ice and pare it down into smaller pieces. They both come in various sizes and can be found in either commercial or household settings. Ice shaving machines whittle block or cubed ice to produce a much finer, smoother and an almost snow-like textured end product. Ice inserted into ice crushing machines is broken into smaller pellets, resulting in larger and coarser pieces of ice. Crushed ice may be used to cool beverages, and both shaved and crushed ice can be used in conjunction with flavored syrups to create dessert treats, with snow cones being the most popular and recognizable. However, there have been interpretive issues with regards to where snow cone machines are classified. There is evidence to suggest that some snow cone machines are currently moving under item (ice shaving machines); however, snow cone machines use a crushing mechanism 1 and, therefore, should be classified under item (ice crushing machines). Examples of the involved commodities are depicted below. Ice Crushing Machines Ice Shaving Machines 1 (accessed November 2017) Subject 18, Page 2 of 4

93 SUBJECT 18 Transportation Characteristics Density Information of record on ice crushing or ice shaving machines includes 430 density observations obtained from the CCSB s Density Study 2. The products range in density from 1.55 to pcf, with an average of 7.25 pcf. 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. When evaluated on the basis of these three density groupings, the ranges and averages shown in the table below are calculated. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater Handling and Stowability Reports indicate that ice crushing or ice shaving machines are typically tendered in boxes, which may be secured to lift truck skids or pallets. There have been no reports of any unusual or significant handling or stowability problems. 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. There is no indication of any unusual claims issues, and no value information was obtained. Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to be as clear as possible to help preclude interpretation disputes and also calls for combining descriptions of related commodities. To mitigate potential interpretation issues, and in the interest of clarification and simplification, this proposal would cancel items and with reference to a new item naming ice crushing or ice shaving machines. CCSB policies also call for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. The information of record for ice crushing or ice shaving machines shows that these products have a density range from 1.55 to pcf, with an average density of 7.25 pcf. No unusual or significant handling, stowability or liability characteristics were identified, and as such, density is the governing characteristic in the assignment of classes. 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. Accordingly, this proposal would establish classes based on three density groups of less than 6 pcf, 6 but less than 10 pcf, and 10 pcf or greater 3, with classes reflective of the average density of each grouping as shown in the following table. 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. 3 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 18, Page 3 of 4

94 SUBJECT 18 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 Furthermore, it is CCSB policy to maintain packaging 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-thantruckload environment. Item currently allows ice crushing machines to be shipped on skids, or loose if on wheels. These methods of tender would not provide the same level of protection as would be necessary to minimize handling or stowing issues or the risk of damage to the involved products. Also, item currently allows ice shaving machines to be shipped in drums, which is not feasible for this type of freight. Therefore, it would be in keeping with CCSB packaging policies for the new item to require these articles to be shipped in boxes or crates. Precedent for this approach can be found in Docket , Subject 6 (January 2016), involving paper shredders, as named in item Density was determined to be the primary transportation characteristic since there were no significant handling, stowability or liability concerns reported. Two density breaks at 6 and 10 pcf were proposed to provide a more accurate representation of the identified density range. That proposal was approved as docketed, and the provisions first appeared in Supplement 1 to NMF 100-AP, effective April 16, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 18, Page 4 of 4

95 SUBJECT 19 Re: Fireplace Inserts CCSB Contact: Ashley L. Gencarelli Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FIREPLACES OR FIREPLACE ACCESSORY GROUP: subject to item * Fireplaces or Imitation Fireplaces, NOI, see Note, item 69422, in boxes, crates or Packages 1F, 2F, 3F, 5F, 21F or 22F, 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 Applies on portable or stationary fireplaces or imitation fireplaces, with or without log grates, gas logs, electric logs or heaters, or other accessories in the same package Inserts, fireplace, heat circulating, iron or steel, with enclosed firebox, with or without blowers or fans, see Note, item 69466, in boxes, see Note, item 69467, or in crates, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 15 or greater NOTE Will also apply on fireplace trim material not exceeding 15 percent of the weight on which charges are assessed, in same or separate shipping container NOTE When shipping container is of corrugated fiberboard regular slotted style or half slotted style testing not less than 275 pounds and securely strapped to a wooden pallet, gross weight may be increased to but not more than 400 pounds. *Published in Supplement 2 to NMF 100-AQ, effective August 5, Subject 19, Page 1 of 4

96 SUBJECT 19 Proposed Classification Provisions Item Description Class FIREPLACES OR FIREPLACE ACCESSORY GROUP: subject to item Fireplaces or Imitation Fireplaces, NOI, or Fireplace Inserts, see Note, item 69422, in boxes, crates or Packages 1F, 2F, 3F, 5F, 21F or 22F, see Note, item NEW, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE Applies on the articles named, with or without log grates, gas logs, electric logs or heaters, or other accessories in the same package. NEW NOTE When fireplace inserts are shipped in corrugated fiberboard regular slotted style or half-slotted style boxes having a bursting strength of not less than 275 psi and securely strapped on a wood lift truck skid or pallet, gross weight may be increased to not more than 400 pounds Inserts, fireplace, heat circulating, iron or steel, with enclosed firebox, with or without blowers or fans, etc... Cancel; see item NOTE Cancel; no further application NOTE Cancel; see item NEW. Analysis This proposal is in response to a report brought to the CCSB that shipments of fireplace inserts, as named in item 69463, exhibited transportation characteristics inconsistent with the current classes. History of Provisions Provisions for fireplace inserts, as named in item 69463, were established as a result of action taken on Docket 821, Subject 5 (January 1982). The provisions first appeared in Supplement 5 to NMF 100-I, effective August 14, 1982, and except for the gross weight limit in Note, item 69467, have remained substantially unchanged to the present. Subject 19, Page 2 of 4

97 SUBJECT 19 About Fireplace Inserts Fireplace inserts are stoves generally constructed of cast or sheet iron or steel that are designed to be inserted into an existing open masonry or prefabricated wood-burning fireplace in order to make them more heat efficient. They use a wide variety of fuel, such as natural gas, propane, wood, stove pellets or coal, while other types can run off of electricity. Some models offer features such as fans and automatic thermostat controls. Some inserts can be purchased with a frame that allows the insert to be used as a fireplace, which has created ambiguity regarding the application of the provisions of item versus item 69420, naming Fireplaces or Imitation Fireplaces, NOI. Examples of fireplace inserts are shown below. Transportation Characteristics Density Information of record on fireplace inserts includes 3,276 density observations obtained from the CCSB s Density Study 1. The products range in density from 1.05 to pcf, with an average density of 7.76 pcf. The densities are distributed throughout the range. Handling and Stowability The provisions of item require shipments of the involved articles to be packaged in boxes or crates. There have been no reports of any unusual or significant handling or stowability problems. Liability 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. There have been no reports of claims for the involved articles, and no value information has been obtained on fireplace inserts. 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 19, Page 3 of 4

98 SUBJECT 19 Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. The information of record indicates that fireplace inserts range in density from 1.05 to pcf, with an average density of 7.76 pcf, and the involved articles exhibit no unusual or significant handling, stowability or liability characteristics. Under CCSB guidelines, an average density of 7.76 pcf is generally associated with class 125, which calls for a minimum average density of 7 pcf. However, when the 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. CCSB policy also 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 provisions of item 69463, naming Inserts, fireplace, have been the source of interpretation inquiries vis-à-vis the full-scale density provisions of item 69420, naming Fireplaces or Imitation Fireplaces, NOI. In light of these characteristics, and to address the interpretation issues, this proposal would cancel item with reference to item where classes are predicated on the CCSB s standard 11-subprovision density progression 2. Fireplace inserts would be named in item 69420, and Note, item would be amended accordingly for clarification. Furthermore, Note, item would be canceled and reestablished as a new Note to item Note, item would be canceled as having no further application. A similar approach was taken on Docket , Subject 11 (May 2017), involving aircraft or boat seats. Based on the information of record, and in keeping with CCSB policy and precedent, the provisions for aircraft or boat seats were canceled with reference to the density-based provisions of item , applying on related commodities. The proposal was approved as docketed, and the changes first appeared in Supplement 2 to NMF 100-AQ, effective August 5, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. 2 The CCSB s standard 11-subprovision density scale includes reference to Item (Rule) 170, the inadvertence clause, and Item (Rule) 171, the bumping privilege. Subject 19, Page 4 of 4

99 SUBJECT 20 Re: Laminated Wood Chairs Item CCSB Contact: Ashley L. Gencarelli Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FURNITURE GROUP: subject to item Metallic or Wooden: subject to item Chairs or Stools: subject to item Chairs, laminated wood legs, seat and back, not upholstered, or with upholstered seats and backs, SU, four or more stacked one upon another, in Package 64F * Chairs or Stools, NOI, including Theater Chairs or Seating, see Note, item 80581, in Packages 1F, 2F, 3F, 5F, 7F, 8F, 23F, 25F, 31F or 64F, see Notes, items 80582, and 80584, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE Not Involved NOTE Not Involved NOTE Not Involved NOTE Not Involved. *Published in Supplement 2 to NMF 100-AQ, effective August 5, Subject 20, Page 1 of 4

100 SUBJECT 20 Proposed Classification Provisions Item Description Class FURNITURE GROUP: subject to item Metallic or Wooden: subject to item Chairs or Stools: subject to item Chairs, laminated wood legs, etc... Cancel; see item Chairs or Stools, NOI, including Theater Chairs or Seating, see Note, item 80581, in Packages 1F, 2F, 3F, 5F, 7F, 8F, 23F, 25F, 31F or 64F, see Notes, items 80582, and 80584, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE No Change NOTE No Change NOTE No Change NOTE No Change. Analysis This proposal is in response to a report brought to the CCSB that shipments of chairs with laminated wood legs, seat and back, as named in item 80550, exhibited transportation characteristics inconsistent with the current class 125. History of Provisions The provisions of item were established as a result of action taken on Docket 726, Subject 11 (November 1972) and first appeared in Supplement 20 to NMF 100, effective October 19, The provisions have remained substantially unchanged to the present. Subject 20, Page 2 of 4

101 SUBJECT 20 About Laminated Wood Chairs Laminated wood chairs are made from thinly sliced pieces of wood that are glued together and typically have a shiny finish. Examples are shown below. Transportation Characteristics Density The information of record includes 323 density observations obtained from the CCSB s Density Study 1. The densities range from 1.03 to pcf, with an average of 4.51 pcf. Handling and Stowability Based on the information of record, laminated wood chairs are generally tendered on lift truck skids or pallets and may be tendered in complying F Packages. As with other articles of furniture, they may require a certain degree of care and attention when handling and stowing. However, there have been no reports of unusual or significant handling or stowability concerns. Liability As with other types of furniture, laminated wood chairs are inherently susceptible to damage, particularly when not packaged in accordance with the minimum packaging requirements specified in the NMFC. No claims or value information was obtained. The remaining liability elements do not significantly impact the evaluation of these products. Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Information of record indicates that laminated wood chairs range in density from 1.03 to pcf, with an average of 4.51 pcf, and there is no evidence of unusual or significant negative handling, stowability or liability considerations. CCSB policy also calls for combining item descriptions embracing related commodities. Therefore, it would be in keeping with CCSB policy, as proposed, to cancel item and group the involved chairs with other chairs in item 80580, naming Chairs or Stools, NOI, which provides the CCSB s standard 11-subprovision density scale 2. 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 The CCSB s standard 11-subprovision density scale includes reference to Item (Rule) 170, the inadvertence clause, and Item (Rule) 171, the bumping privilege. Subject 20, Page 3 of 4