DOCKET MAY 2017

Transcription

1 DOCKET MAY 2017 A public meeting on National Motor Freight Classification provisions will be held on May 23, 2017 at: Hilton Alexandria Old Town 1767 King Street Alexandria, Virginia ISSUED: April 20, 2017

2 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET On Tuesday, May 23, 2017, the Commodity Classification Standards Board (CCSB) will conduct a public meeting to consider proposals for amending the National Motor Freight Classification (NMFC ). The meeting will be held at the Hilton Alexandria Old Town, 1767 King Street, Alexandria, Virginia 22314, commencing at 10:00 am Eastern Time. Section I of this docket provides the CCSB analyses for proposed amendments that will be considered at the meeting. Each analysis includes the full text of the proposal, the CCSB contact and the identity of the proponent. Section II of this docket provides notice of classification changes made necessary by law, by order of a regulatory body, or for clarification, simplification or uniformity. The symbol indicates a proposed classification change. The symbol indicates that the commodities may be subject to federal regulations concerning the shipping of hazardous materials. The symbol indicates a registered trade name or registered trademark. The symbol indicates a trademark. Public Docket Files Supporting data and other relevant information pertaining to each proposal in Section I herein are contained in a Public Docket File. The public files are available online without charge at They are organized by docket and subject numbers. Anyone who does not have Internet access can obtain the public docket file for a particular proposal from the CCSB contact, subject to a charge for copying and transmitting the document(s) requested. Commodity Classification Standards Board ccsb@nmfta.org Chairman Joel L. Ringer Vice Chairman William F. Mascaro Member George M. Beck Member Daniel E. Horning Member Donald A. Newell Member Nathan D. Ripke Member/Packaging Consultant Erin N. Topper Counsel John R. Bagileo Page i

3 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET The Commodity Classification Standards Board invites all interested persons to participate in the classification process. Anyone having an interest in a proposal listed in this docket may attend the meeting on May 23, 2017, 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, May 12, 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, May 12, 2017, 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, May 12, 2017, 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 July 6, 2017, with an effective date of August 5, Future CCSB Dockets Docket Docket Docket Closing Date July 13, 2017 December 14, 2017 Docket Issue Date August 10, 2017 January 11, 2018 Deadline for Written Submissions and to Become a Party of Record August 31, 2017 February 2, 2018 CCSB Meeting Date September 12, 2017 February 13, 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 B Brick, thermal energy storage, ceramic C Conduits, electrical, aluminum... 1 Containers, shipping, temperaturecontrolled... 4 Cups, paper, pulpboard or wood pulp D Deep Fryers... 9 Dietary Supplements... 6 Dryers, hair F Filters, water... 5 Fittings, pipe or tubing, aluminum... 1 Fryers... 9 Full-Scale Density Classifications Furnaces, air or hydronic, electric thermal energy storage G Gambling Devices or Subassemblies or Essential Parts thereof Glass, automobile or boat... 2 H Hair Dryers Heaters, air or hydronic, electric thermal energy storage Heaters, water, solar I Item (Rule) 680, Articles with Wheels or Casters... 7 Item (Rule) 680, Where Damage to the Shipping Package Will Result in a Claim... 8 P Package Package Package Package Package Package Package Packaging Articles with Wheels or Casters... 7 Packaging Where Damage to the Shipping Package Will Result in a Claim... 8 Paper Cups Paper, waxed Photovoltaic (PV) Cells or Modules Pipe, aluminum... 1 Purifiers, water... 5 S Sash, Sash and Frames combined, or Sash Parts, airplane, boat, motor bus or railway car... 2 Seats, aircraft or boat Sewing Machines, or Components or Parts thereof... 3 Softeners, water... 5 Solar Collectors, Modules or Panels, Solar Absorber Plates, or Solar Water Heaters Supplements, dietary... 6 T Tanks, water filter, purifier or softener, iron or steel... 5 Tubing, aluminum... 1 V Vitamins... 6 W Water Filters, Purifiers or Softeners... 5 Water Heaters, solar Wax Paper Windows or Window Frame Parts, airplane, boat, motor bus or railway car... 2 Windshields or Windshield Glass, automobile or boat... 2 Page iii

5 SUBJECT 1 Re: Pipe, Tubing, or Pipe or Tubing Fittings, aluminum, including Aluminum Electrical Conduits CCSB Contact: Erin N. Topper Telephone (703) topper@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item Conduits, electrical, aluminum, in straight lengths not exceeding 10 feet, inside diameter not exceeding 6 inches, with a wall thickness inch or thicker, threaded ends protected, with or without couplings or ferrules, see Notes, items and , in packages NOTE Also applies on conduit in bent shapes not in excess of 10 percent of the weight on which charges are assessed * Pipe, Tubing, or Pipe or Tubing Fittings, aluminum, combined or not combined with other materials, NOI, in packages: Sub 1 Greatest dimension exceeding 192 inches Sub 2 Greatest dimension exceeding 96 inches but not exceeding 192 inches. 85 Sub 3 Greatest dimension not exceeding 96 inches *Published in Supplement 1 to NMF 100-AQ, effective April 15, Proposed Classification Provisions Item Description Class CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item Conduits, electrical, aluminum, in straight lengths not exceeding 10 feet, inside diameter not exceeding 6 inches, with a wall thickness inch or thicker, threaded ends protected, with or without couplings or ferrules, etc... Cancel; see item NOTE Cancel; no further application. 1 Note, item 51822, which read Detached couplings, ferrules, valves or nipples must be in bags, boxes or drums, was canceled effective April 15, 2017 by action taken on Subject 6 of Docket (January 2017). Subject 1, Page 1 of 6

6 SUBJECT 1 Proposed Classification Provisions Concluded Item Description Class CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item Pipe, Tubing, or Pipe or Tubing Fittings, aluminum, combined or not combined with other materials, NOI, in packages: Sub 1 Greatest dimension exceeding 288 inches, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 15 or greater Sub 4 Greatest dimension exceeding 192 inches but not exceeding 288 inches, subject to Item 170 and having a density in pounds per cubic foot of: Sub 5 Less than Sub 6 15 or greater Sub 7 Greatest dimension exceeding 96 inches but not exceeding 192 inches, subject to Item 170 and having a density in pounds per cubic foot of: Sub 8 Less than Sub 9 15 or greater Sub 10 Greatest dimension not exceeding 96 inches, subject to Item 170 and having a density in pounds per cubic foot of: Sub 11 Less than Sub or greater Analysis Background of Proposal This proposal is based on the continuation of Research Project 1282 on aluminum pipe, tubing, or pipe or tubing fittings. The project was initiated in June of 2016 in response to reports of densities inconsistent with the then-assigned classes. Docket , Subject 6 (January 2017) was a proposal based on the information developed through the project. As a result of action taken on that docket, new item was established, with classes predicated on greatest dimension. During the January 2017 CCSB meeting at which the proposal was considered, persons in attendance questioned whether the classes in the new item should be further delineated by density, in addition to greatest dimension. Since the last docket, it was found that Note, item 51822, which was canceled as of April 15, 2017 as a result of action taken on that proposal, is referenced by item Item applies on a very specific type of aluminum electrical conduit. The provisions of item were established as a result of action taken on Docket 831, Subject 22 (January 1983), which was a shipper proposal to add a new item for their products. Information from that record indicates the proponent s densities ranged from 32.5 to pcf, with an average of pcf. A competitor s products ranged in density from 24.3 to 60 pcf, with an average of Subject 1, Page 2 of 6

7 SUBJECT pcf. The value of the proponent s products was $1.00 per pound (in 1983 dollars). There was no indication of any negative handling, stowing or liability considerations. The proposal was approved as modified, and the provisions first appeared in Supplement 5 to NMF 100-J, effective August 13, The provisions have remained substantially unchanged to the present. Due to the similar nature of these products and the aluminum pipe or tubing evaluated on the last docket, data for shipments moving under item has been incorporated into this record. Transportation Characteristics Density The information of record includes 19,102 density figures observed firsthand on a CCSB dock survey and obtained through the CCSB s Density Study2. The densities range from 0.60 to pcf, with an overall average of pcf. When the data is evaluated based on greatest dimension, where known, and a density break at 15 pcf, the following density ranges and averages are found. Greatest Dimension Exceeding 288 inches Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than or greater Greatest Dimension Exceeding 192 inches but not exceeding 288 inches Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than or greater Greatest Dimension Exceeding 96 inches but not exceeding 192 inches Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than or greater Greatest Dimension Not exceeding 96 inches Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than or greater The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 1, Page 3 of 6

8 SUBJECT 1 Handling The aluminum pipe, tubing and fittings of record vary greatly in size, with reported lengths up to 360 inches (30 feet) and an average length of approximately 14 feet. As the length increases, the handling into and out of the vehicle becomes considerably more difficult, and certain equipment, or additional personnel, may be necessary to safely handle long shipments. Furthermore, as the length increases, cross-dock operations can be significantly affected. Often there is not enough room at carrier facilities to safely or easily handle and maneuver excessively long pipe or tubing. When secured to a lift truck skid or pallet the freight may be handled more readily with mechanical equipment, since there is clearance for the fork tines to get under and lift them. However, when the length exceeds 96 inches, even palletized shipments can be difficult to safely handle with mechanical equipment. The level of difficulty increases as the length of the article increases, even if fork extensions are available and used. Pipe or tubing tendered in bundles require extra care and attention during handling, as there is often no clearance under the bundle for fork tines. Stowability Fittings and shorter lengths of pipe or tubing may be tendered in boxes, often unitized on lift truck skids or pallets, while longer pieces may be tendered in boxes, bundles or crates. When tendered in boxes or crates the shipments generally provide a flat load-bearing surface. Excessively long pipe or tubing tendered in boxes, bundles or crates may be difficult to stow with other general freight and will typically require floor loading. When floor loaded, it may be difficult to stow adjacent freight, and those tendered in bundles do not provide a flat load-bearing surface, which reduces or complicates the carrier s ability to load freight on top and maximize vehicle utilization. Depending on the length of the package or handling unit, the carrier will have to ensure that the freight will fit in the vehicle. Liability Pipe, tubing or fittings may damage other freight if not stowed properly within the vehicle and may be at risk for some damage from handling, particularly when the greatest dimension exceeds 96 inches. In this regard, the Note, item requires pipe, tubing and fittings having surfaces liable to damage to be in boxes, crates or fiberboard tubes or to be completely wrapped in material sufficient to prevent abrasion, marring or denting during transit. The Note also requires threaded or machined ends liable to damage to be protected with plugs or caps. One carrier reported a claims ratio of 0.35% for aluminum pipe or tubing, NOI, moving under former item No value information on the involved articles was obtained. Subject 1, Page 4 of 6

9 SUBJECT 1 Relationship to CCSB Policies and Guidelines CCSB policies state that provisions that are a source, or potential source, of interpretation disputes should be amended, and classifications embracing related commodities should be combined. For these reasons, it would be in keeping with CCSB policy, as proposed, to cancel item with reference to item to combine provisions applying on similar commodities and to mitigate the chance of interpretation issues. The Note, item would be concurrently canceled with no further application. CCSB policies also state that classifications should reflect a commodity s known transportation characteristics. The information of record includes 19,102 density observations, which average pcf, with a range from 0.60 to pcf. Under CCSB guidelines, an average density of pcf would generally call for class 70, absent any negative handling, stowing and liability considerations. However, as discussed in this analysis, pipe, tubing and pipe or tubing fittings exhibit significant negative handling, stowing and liability considerations. Specifically, it was found that greatest dimension has the most considerable effect on the transportability of these products, and as greatest dimension increases the issues increase exponentially. Due to the range of densities exhibited within each of the greatest dimension delineations, the tables below identify the resulting average densities, classes based on CCSB density guidelines and the proposed classes when the data is evaluated based on greatest dimension (in eight-foot increments) and a density break at 15 pcf. Greatest Dimension Exceeding 288 inches Density Group (pcf) Average Density (pcf) Guideline Class Class Adjustment Less than or greater Greatest Dimension Density Group (pcf) Average Density (pcf) Guideline Class Class Adjustment Exceeding 192 inches but not exceeding 288 inches Less than or greater Greatest Dimension Density Group (pcf) Average Density (pcf) Guideline Class Class Adjustment Exceeding 96 inches but not exceeding 192 inches Less than or greater Greatest Dimension Not exceeding 96 inches Density Group (pcf) Average Density (pcf) Guideline and Proposed Class Less than or greater Subject 1, Page 5 of 6

10 SUBJECT 1 Based on the information of record, as greatest dimension increases, the more difficult the pipe, tubing, or pipe or tubing fittings are to handle and stow. The proposed classes account for the increasingly less-than-favorable handling, stowing as well as liability characteristics. The class assignments to pipe, tubing and fittings having greatest dimension exceeding 96 inches in respective eight-foot increments reflect the increasingly significant handling, stowing and liability problems associated with those articles. In this regard, an additional greatest dimension delineation at 288 inches would be added to item in view of reported lengths of up to 360 inches. This proposal is also in keeping with CCSB precedent. As a result of action taken on Subject 1 of Docket (January 2017), new item , applying on ladders or stepladders, NOI, was established with classes predicated on greatest dimension and density. That proposal was approved as docketed, and the provisions 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 policies and precedent. Subject 1, Page 6 of 6

11 SUBJECT 2 Re: Glass, automobile or boat, including Windshields or Windshield Glass CCSB Contact: Daniel E. Horning Telephone (703) horning@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class AUTOMOBILE PARTS GROUP: subject to item Windshields, framed or with metal fittings, not bent, see Note, item 20101, in boxes or crates NOTE For provisions applicable when bent or without frames or metal fittings, see item BOAT GROUP: subject to item Windshields, plastic, with or without frames or fittings; or glass, framed or with fittings: Sub 1 Not bent nor with side windows attached, in boxes or crates Sub 2 Bent or with side windows attached: Sub 3 Nested, in boxes or crates Sub 4 Not nested, in boxes GLASS: see Notes, items 86512, and NOTE Except as provided in items 86600, and 86710, shipments must be so packed and so loaded that glass rests on full flat edge. Glass, other than tempered, when shipped in containers other than those requiring mechanical handling equipment, must be conspicuously marked on two flat sides as follows: NOTE Not Involved NOTE Not Involved Automobile or Boat Glass, including Windshield Glass, cut to shape, see Note, item 86566, in Packages 772, 2146, 2147, 2223, 2261 or 2483: Sub 1 Not bent, in boxes or crates: Sub united inches or less Sub 3 Exceeding 120 united inches Sub 4 Bent, other than tempered: Sub 5 Nested, in boxes, crates or Packages 304, 305, 315, 2347 or Sub 6 Not nested, in boxes or Packages 1180, 1247 or Sub 7 Bent, tempered, in boxes, crates or Packages 304, 305, 315, 774, 2347 or 2348, or when not nested, in Packages 1180 or Subject 2, Page 1 of 8

12 SUBJECT 2 Present Classification Provisions Continued Item Description Class NOTE Applies only on glass in specific sizes or shapes for installation in automobile bodies or in or on boats Sash, glazed or not glazed, or Sash and Frames combined, or Windows, airplane, boat, motor bus or railway car, in boxes or crates Sash Parts or Window Frame Parts, airplane, motor boat, motor bus or railway car, in boxes or crates Package 305 Not more than thirty rear window glasses may be packed in lift truck pallets with standing sides, ends and tops made of wood slat and wire construction. Dimensions not to exceed 64 inches in length, 29 1 /2 inches in width and 26 inches in height. Glass must be packed horizontally in pallets and positioned to allow a minimum of 1 inch clearance between glass and all interior surfaces. Clearances to be maintained by the use of built-up corrugated pads of shock absorbing material. Each glass must be separated by corrugated fiberboard or indented chipboard. Glass to be secured by interior tie-down straps consisting of two metal straps encircling glass and tensioned down securely. Glass to be protected from straps by edge protectors made of corrugated fiberboard. Maximum gross weight not to exceed 750 pounds. Package 772 Automobile glass side window panels, curved or flat, 120 united inches or under, may be shipped in wrappers made of 275 pound test corrugated fiberboard. Edges of wrapper must extend beyond longitudinal edges of glass not less than 1 1 /2 inches. Open edges of wrapper must be metal stitched, stapled or taped. Shipments may be accepted in packages described when three or more such packages are metal strapped into a single unit. Package 774 Curved rear or side window glass, tempered, may be shipped in wrappers of corrugated fiberboard testing not less than 200 pounds, the fiberboard meeting all the requirements of Item 222, Secs. 2 and 3. Edges of wrapper must extend beyond all edges of glass a minimum of 2 inches. Wrapper must be securely closed by metal stitches or staples positioned not less than 6 inches apart and banded the short dimension at 2 points by metal straps or filament reinforced pressure-sensitive tape meeting the requirements of Item 680, Sec. 9(a). Wrapper must have 2 hand holes at top. Subject 2, Page 2 of 8

13 SUBJECT 2 Present Classification Provisions Concluded Package 2223 Tempered automobile or boat glass, not bent or bent, excluding windshields, not exceeding 100 united inches, may be packaged in envelopes made of singlewall corrugated fiberboard testing not less than 150 pounds. Glass must be held secure within envelope by cord stitching of 3 sides and an interlocking tab of fiberboard on the remaining side. When envelope exceeds 46 inches in length, 2 interlocking tabs must be used. When envelopes are shipped individually, closure must be effected by gluing or stapling; when shipped unitized in multiples, stapling or gluing is not required. Gross weight must not exceed 50 pounds. Package 2261 Not more than 30 laminated windshields packed flat in wire bound pallet boxes. The first windshield packed will rest on a mold formed by filling one or more bags with expanded polyurethane. Remaining windshields will be interleaved with polystyrene foam or indented paper. Windshields will be strapped to the base and protected on the sides and ends with fiberboard or polystyrene foam. Dimensions of container not to exceed 74 inches x 43 inches x 24 inches. Gross weight not to exceed 1,600 pounds. Proposed Classification Provisions Item Description Class AUTOMOBILE PARTS GROUP: subject to item Windshields, framed or with metal fittings, not bent, etc.... Cancel; see item A-NEW NOTE Cancel; no further application. BOAT GROUP: subject to item Windshields, plastic, with or without frames or fittings: Subs 1-4 No Change GLASS: see Notes, items 86512, and NOTE No Change NOTE No Change NOTE No Change Automobile or Boat Glass, including Windshield Glass, cut to shape, etc.... Cancel; see item A-NEW NOTE Cancel; see item B-NEW. Subject 2, Page 3 of 8

14 SUBJECT 2 Proposed Classification Provisions Concluded Item Description Class GLASS: subject to item A-NEW Glass, automobile or boat, including Windshields or Windshield Glass, with or without frames or fittings, see Note, item B-NEW, in boxes, crates or Packages 304, 315, 1180, 1247, 2034, 2146, 2147, 2347, 2348 or 2483, or on shipping carriers or racks, see Note, item C-NEW, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 4 but less than Sub 3 8 or greater B-NEW NOTE Applies only on glass cut to size and shape for installation in automobiles or boats. C-NEW NOTE Glass must be held securely in place within package or on shipping carrier or rack and be protected by packing forms necessary to afford adequate protection against damage Sash, glazed or not glazed, or Sash and Frames combined, or Windows, airplane or railway car, in boxes or crates... No Change Sash Parts or Window Frame Parts, airplane or railway car, in boxes or crates... No Change Cancel; no further application. Cancel; no further application. Cancel; no further application. Cancel; no further application. Cancel; no further application. Package 305 Package 772 Package 774 Package 2223 Package 2261 Subject 2, Page 4 of 8

15 SUBJECT 2 Analysis Research Project 1205 This proposal is based on the information developed through Research Project 1205, involving automobile and boat glass, including windshields or windshield glass. The project was initiated in September 2013 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. History of Provisions The provisions for automobile or boat glass, including windshields or windshield glass, reflect action on numerous proposals spanning several dockets over several decades, with some provisions originally being adopted from the rails in Since the time of their establishment/adoption, there have been amendments to the involved provisions, including class adjustments, packaging changes and the addition of clarifying or restrictive language and Notes. About Automobile or Boat Glass, including Windshields or Windshield Glass Virtually all glass found on today s automobiles is either bent or curved to some degree and is unframed. Laminated glass is utilized for windshields, while tempered glass is generally used in the side and rear windows. Laminated glass consists of a laminate of two glass layers separated by a plastic film or sheet and is designed to crack or splinter as opposed to shatter, thereby lessening the risk of injury. Tempered glass is designed to break into tiny pieces, again to mitigate injury. Boat glass may be either of laminated or tempered construction, and may or may not be bent or framed. Shipments of Automobile or Boat Glass, including Windshields or Windshield Glass As depicted in the photos on the following page, the involved commodities may be shipped in boxes, crates or the authorized numbered packages, which may or may not be secured on lift truck skids or pallets. They have also been observed in metal shipping racks1 or other noncomplying packages. 1 While the present provisions do not authorize this method of packaging, the proposed provisions would permit on shipping carriers or racks. Subject 2, Page 5 of 8

16 SUBJECT 2 Transportation Characteristics Density The information of record includes 12,846 density observations submitted by carriers, observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study2. The densities range from 0.30 to pcf, with an overall average density of 6.07 pcf. When the data is divided into density groups of less than 4 pcf, 4 but less than 8 pcf, and 8 pcf or greater, as shown in the table below, the resultant ranges and averages emerge. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater Handling Glass is inherently fragile and, therefore, should be handled with a certain degree of care. Shipments are often labeled with directional arrows and shipper instructions or precautionary markings, such as Fragile, Do Not Lay Flat and Handle With Care. The lack of palletization can impact handling especially where forklift tines can broach box shipments. However, the involved laminated and tempered glass is more resistant to breakage than regular plate glass. Regardless of the manner in which the glass is packaged for shipment, most handling units permit use of mechanical equipment. 2 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 2, Page 6 of 8

17 SUBJECT 2 Stowability Product shipments are packaged in a variety of ways, but are generally tendered vertically oriented, on edge, in boxes, crates, authorized packages, metal shipping racks or noncomplying packages. Due to the configuration and size of the handling units, carriers are generally restricted to floor loading, and may have difficulty loading other freight around these commodities as the units typically do not provide lateral support for adjacent freight. Due to the specific nature of glass and restrictions on double stacking or loading other freight on top, carriers are usually prevented from utilizing all available vehicle space. The photo on the left depicts explicit instructions for loading and securing freight. Liability There is no indication that these products are unusually susceptible to theft, likely to damage other commodities, or hazardous in nature. However, these products may be susceptible to damage, particularly when not adequately packaged or protected. One carrier reported claims ratios of 1.15% for item 20100, 4.08% for item and 0.26% for item A second carrier reported $10, paid for 30 damage claims over a 2-year period. A third carrier reported the following 12-month data on item 86560: claims filed to revenue ratio 5.81%, a claims ratio of 2.10% and a damage exception ratio of 4.81%. Relationship to CCSB Policies and Guidelines CCSB policy calls for combining descriptions embracing related commodities. In this respect, glass windshields for boats are not presently classified with other glass windshields, but with plastic boat windshields in item Removing the glass products from item and combining them with other boat glass and windshields would be consistent with CCSB policy. Additionally, this proposal would cancel the provisions of item 20100, naming automobile windshields, and item 86560, naming automobile or boat glass, including windshield glass, with reference to a new item for Glass, automobile or boat, including Windshields or Windshield Glass. CCSB policy also calls for provisions to reflect a commodity s known transportation characteristics. Information of record for automobile or boat glass, including windshields and windshield glass, shows a range in density from 0.30 to pcf, with an overall average density of 6.07 pcf. Under CCSB density guidelines, an average density of 6.07 pcf is generally associated with class 150, which calls for a minimum average density of 6 pcf. However, CCSB policies further state that when commodities exhibit a wide range in density that is not accurately reflected by a single class, density-based provisions may be established. Also, as discussed in the analysis section, this freight exhibits negative handling, stowing and liability considerations, as glass is inherently fragile and should be handled with a certain degree of care, and there are typically stowing requirements and restrictions. This proposal would establish provisions based on density intervals of less than 4 pcf, 4 but less than 8 pcf, and 8 pcf or greater4. Due to the identified negative handling, stowability and liability issues, a one-class adjustment is proposed, as shown in the table on the following page. 3 It is unknown if these claims involved glass or plastic boat windshields. 4 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 2, Page 7 of 8

18 SUBJECT 2 Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Class Adjustment Based on Negative Handling, Stowing and Liability Considerations Less than but less than or greater This proposal would also cancel Note, item as having no further application. Note, item would be canceled with reference to a new attendant Note to the new item. An additional attendant Note would be added requiring that glass be secured and protected with packing forms to afford adequate protection against damage. To mitigate the chance of interpretation disputes, this proposal would also remove the references to boat or motor bus glass from items and A review of the presently authorized numbered packages indicates that Packages 305, 772, 774, 2223 and 2261 may no longer provide sufficient protection in today s LTL environment. Canceling Packages 305, 772, 774, 2223 and 2261, as having no further application, would be in keeping with CCSB packaging policies. Precedent for this approach can be found in Docket , Subject 3 (May 2016), involving grading or road making attachments or implements, as named in item In that instance, the CCSB approved provisions based on two density breaks at 12 and 30 pcf where the articles were assigned class adjustments to reflect the negative impact of handling, stowability and liability factors. That proposal was approved as modified, and the provisions first appeared in Supplement 2 to NMF 100-AP, effective August 13, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 2, Page 8 of 8

19 SUBJECT 3 Re: Sewing Machines and Related Articles CCSB Contact: Allison L. Austin Telephone (703) austin@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item Sewing Machine Cabinets, including Portable Sewing Machine Cases, wooden, finished or covered: Sub 1 SU, in boxes, crates or Packages 2F, 21F or Sub 2 KD, or with legs removed, in boxes, crates or Packages 2F, 21F or Sub 3 Completely disassembled, having a density of 15 pounds or greater per cubic foot, in boxes Sewing Machine Heads, in boxes Sewing Machine Parts or Attachments, metal, NOI, in boxes or drums: Sub 1 Finished Sub 2 Unfinished Sewing Machine Stand Parts, iron, consisting of legs, braces, treadles, treadle rods, wheels or wheel guards, in packages or on skids: Sub 1 Household type Sub 2 Other than household type Sewing Machine Stand Table Tops, other than household type, wooden with or without facing of other materials, in boxes Sewing Machine Stands, SU, iron, in boxes or crates Sewing Machines: Sub 1 Cabinet or table: Sub 2 SU, in boxes or crates Sub 3 KD, in boxes, crates, or Package Sub 4 Portable, enclosed in carrying cases, in boxes Sewing Machines, hand, in boxes Package 160 SHIPPING CONTAINER: Body Modified half-slotted container (HSC) of corrugated fiberboard testing 275 pounds, having bottom flaps not less than 4 inches wide for securing body to base with staples. Base Article must rest on a diagonally braced frame full dimension of container, of lumber not less than 5 /8 inch thick having a cross sectional area not less than 12 square inches. Articles must have bottom edges and legs protected from direct contact with frame by furniture glides or fiberboard forms. Subject 3, Page 1 of 7

20 SUBJECT 3 Present Classification Provisions Concluded Package 160 (Continued) Inner Forms A clearance of 3 /4 inch must be maintained between article and inside of container using the following forms: 1. Top rear corner pads of 200 pound test doublewall corrugated fiberboard. Form must measure not less than ten inches along back top edge, 7 inches along top side edge and four inches down sides and back of article (Dimensions from outside corner of form). 2. Front corner posts, extending not less than 3 /4 inch above top of article, constructed of doublewall corrugated fiberboard testing not less than 275 pounds. Posts must either be coated with nonabrasive material or covered with pads referred to in surface protection requirements. 3. Top center of article must be protected by a scored and folded pad of doublewall corrugated fiberboard testing 200 pounds. Surface Protection Top and edge surfaces and surfaces of article less than 2 1 /2 inches from inside of container must be completely covered by pads or blankets as specified in Note, item GROSS WEIGHT: Must not exceed 150 pounds. UNITED INCHES: Must not exceed 105 inches. Package 179 In full telescope boxes made of singlewall corrugated fiberboard testing not less than 350 pounds. Legs must be individually wrapped in corrugated fiberboard testing not less than 200 pounds. Cabinets must be separated by singlewall corrugated fiberboard partitions testing not less than 350 pounds. Boxes must be strapped with not less than two metal straps not less than 3 /8 inch wide. Dimensions must not exceed 120 united inches and gross weight must not exceed 195 pounds. Proposed Classification Provisions Item Description Class MACHINERY GROUP: subject to item Sewing Machine Cabinets, including Portable Sewing Machine Cases, wooden, finished or covered, etc.... Cancel; see item C-NEW Sewing Machine Heads, etc.... Cancel; see item D-NEW Sewing Machine Parts or Attachments, metal, NOI, etc.... Cancel; see provisions otherwise applicable Sewing Machine Stand Parts, iron, consisting of legs, braces, treadles, treadle rods, wheels or wheel guards, etc.... Cancel; see provisions otherwise applicable Subject 3, Page 2 of 7

21 SUBJECT 3 Proposed Classification Provisions Concluded Item Description Class MACHINERY GROUP: subject to item Sewing Machine Stand Table Tops, other than household type, wooden with or without facing of other materials, etc.... Cancel; see item H-NEW Sewing Machine Stands, SU, iron, etc.... Cancel; see item G-NEW Sewing Machines, etc.... Cancel; see item F-NEW Sewing Machines, hand, etc.... Cancel; believed to be obsolete CONCURRENTLY, ADD THE FOLLOWING NEW ITEMS: MACHINERY GROUP: subject to item A-NEW Sewing Machines, or Components or Parts thereof: see Note, item B-NEW B-NEW NOTE Provisions also apply on machines represented as Embroidery Machines, Quilting Machines or Serger Machines, or components or parts thereof. C-NEW Cabinets, wooden, in boxes, crates or Packages 2F or 21F D-NEW Sewing Machine Heads, see Note, item E-NEW, in boxes E-NEW NOTE Sewing machine heads are sewing machines without an integral or accompanying motor. F-NEW Sewing Machines, in boxes or crates: Sub 1 Cabinet, stand or table: Sub 2 SU Sub 3 KD Sub 4 Portable G-NEW Stands or Tables, with or without motors, in boxes or crates H-NEW Tops, sewing machine stand or table, wooden, with or without facing of other materials, in boxes Cancel; no further application. Cancel; no further application. Package 160 Package 179 Subject 3, Page 3 of 7

22 SUBJECT 3 Analysis Research Project 1261 This proposal is based on the information developed through Research Project 1261, which was initiated in September 2015 to investigate the transportation characteristics of sewing machines and related articles, as named in the various NMFC items shown in the Present Classification Provisions. History of Provisions With the exception of item , all of the involved items were adopted from the rails in The provisions of items , and were adopted at ratings equivalent to the present classes. While there have been amendments to some of the involved provisions since their adoption/establishment, including class adjustments, amendments to the descriptions, and packaging changes, no substantive class or descriptive change has occurred since About Sewing Machines and Related Articles This proposal encompasses sewing machines and various components or parts typically utilized in the cloth, textile and crafts industries. Some of the involved articles are shown below. Generally, sewing machines are categorized into two basic variants: industrial and domestic. Within these groupings, the size, features and material makeup of the product are often dependent upon the efficiency and durability required by the intended application. Specialty types of sewing machines include serger machines, quilting machines and embroidery machines, which may have distinct market identities, or, in the interest of versatility, may be combined features within a single unit. Sewing Table (with motor) Industrial Sewing Machine (table with machine head and separate motor) Sewing Table Top Sewing Cabinet (plus sewing machine) Domestic Sewing Machine (portable with integral motor) 1 The provisions of item were established as a result of action taken on Docket 121, Subject 32 (November 1965) and first appeared in Supplement 12 to NMFC A-9, effective August 17, Subject 3, Page 4 of 7

23 SUBJECT 3 Transportation Characteristics Density Overall, the information of record includes 5,114 density observations submitted by shippers and carriers, collected during CCSB dock surveys and obtained from the CCSB s Density Study2. The table below shows the density ranges, averages and concentrations of density observations for the proposed new items, as described on page 3 herein. Item as Density Range Average Proposed (pcf) Density (pcf) Preponderance of Density Figures C-NEW Over 89% fall between 4 and 10 pcf D-NEW Over 76% fall between 4 and 12 pcf Sub 2: Over 77% fall between 2 and 8 pcf F-NEW Sub 3: Over 70% fall between 6 and 12 pcf Sub 4: % fall between 4 and 10 pcf G-NEW Almost 87% are between 2 and 8 pcf H-NEW Almost 65% are between 10 and 22.5 pcf Items and apply on shipments of unspecified metal sewing machine parts or attachments, and various iron sewing machine stand parts, respectively. These broad descriptions embrace an assortment of products possessing varied transportation characteristics. When evaluated by item number, products reported to be moving under item were found to range in density from 1.70 to pcf, with an average of 9.11 pcf. Products reported to be moving under item were found to range in density from 2.91 to pcf, with an average of 8.97 pcf. Information of record for products reported to be moving under item were found to range in density from 2.39 to pcf, with an average of 8.70 pcf. It is believed that this item was intended to apply to hand-cranked or manual sewing machines, as shown in the photo on the left. There is no record in the CCSB s files of there ever being an opinion applying the provisions of item , and an Internet search failed to reveal any indication that this particular type of article is still manufactured and shipped. Specific information as to the nature of the articles moving under item is unavailable, but based on this research, it is believed that the provisions are being misapplied. 2 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 3, Page 5 of 7

24 SUBJECT 3 Handling and Stowability The involved articles are generally tendered in boxes secured on lift truck skids or pallets, or in crates. Some of the products, specifically cabinet, stand or table type sewing machines, have been observed simply wrapped in plastic film on lift truck skids or pallets3. Handling units may include shipper instructions or precautionary markings such as Handle with Care, Fragile and/or Do Not Double Stack. However, no significant handling or stowability issues have been reported. 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. Responding shippers report zero to five claims per year, and carriers indicate minimal to no claims on the involved products. A limited amount of information on value indicates a range from $5.00 to $15.00 per pound, with an average value of $10.00 per pound, for item Single value per pound observations of $6.96 and $7.14 were reported for items and , respectively. Values range from $1.67 to $23.33 per pound, with an average value of $9.87 per pound, for item Relationship to CCSB Policies and Guidelines CCSB policy calls, in part, for adding commonly used terminology to descriptions, replacing outdated terminology, listing commodity descriptions alphabetically, and structuring item descriptions so as to foster clarification and simplification. In keeping with CCSB policy, this proposal would establish a sub-generic heading for Sewing Machines, or Components or Parts thereof under the Machinery Group. Items , , , and would be canceled with reference to new items under this sub-generic, as set forth in the proposed provisions. CCSB policy also calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. The information of record regarding sewing machines and related articles shows varied distributions and averages. When the data of record is evaluated by item, as proposed, the table on the following page shows the average densities and classes that emerge. The majority of the density observations are concentrated within narrow ranges around the overall averages. Additionally, no unusual or significant handling, stowability or liability characteristics were identified. Therefore, establishing classes reflective of the overall average densities of these commodities4 would be in keeping with CCSB policy. 3 While some shipments have been observed tendered in this manner, neither the present provisions nor the proposed provisions authorize this packaging. 4 Based on the information of record for products moving under item , proposed item F-NEW would maintain that item s structure, using current designations based on sewing machine type and form of shipment. Subject 3, Page 6 of 7

25 SUBJECT 3 Item as Proposed Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines C-NEW D-NEW Sub 2: F-NEW Sub 3: Sub 4: G-NEW H-NEW Two new Notes would be established in the interest of clarification. First, an attendant Note to the new sub-generic heading would be established to clarify the provisions also apply on embroidery machines, quilting machines or serger machines; or components or parts thereof. Second, a new Note would be established and referenced by item D-NEW to provide the definition of a sewing machine head. Additionally, this proposal would cancel the provisions of items and These provisions apply on parts or attachments, which given the potentially diverse makeup of every shipment, may possess varied transportation characteristics. These commodities may be better provided for in different items in the Classification, dependent upon the particular parts or attachments involved, at classes akin to their respective transportation characteristics. Canceling the provisions of items and with reference to provisions otherwise applicable, as proposed, would be in keeping with CCSB policy. CCSB policy also calls for the removal of obsolete provisions in the interest of clarification and simplification. Based on the information of record, canceling item as obsolete, as proposed, is in keeping with CCSB policy. Furthermore, a review of the presently authorized numbered packages indicates that Packages 160 and 179 may no longer provide sufficient protection in today s LTL environment. Therefore, it would be in keeping with CCSB packaging policies to cancel Packages 160 and 179 as having no further application. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and guidelines. Subject 3, Page 7 of 7

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27 SUBJECT 4 Re: Temperature-Controlled Shipping Containers CCSB Contact: Nathan D. Ripke Telephone (703) ripke@nmfta.org Proponent: Cold Box Express, LLC, Arab, Alabama Present Classification Provisions Item Description Class COOLERS GROUP: subject to item Refrigerators or Freezers, NOI, with mechanical cooling or freezing apparatus, see Notes, items 53181, and 53183, in boxes, crates or Packages 107, 147, 178, 301, 1012, 1019, 1024, 1056, 1082, 1215, 1329, 1426, 2262, 2408, 2422, 2424, 2427, 2461, 2482, 2487, 2492, 2503, 2531 or NOTE Applies on the articles named, equipped with mechanical cooling or freezing apparatus, whether shipped installed in or attached to the articles or in separate packages NOTE Not Involved NOTE Not Involved. Proposed Classification Provisions Item Description Class CARRIERS, SHIPPING, GROUP: subject to item NEW Containers, shipping, temperature-controlled, with battery-powered mechanical cooling, freezing or heating apparatus, with integral lift truck skid or pallet base COOLERS GROUP: subject to item Refrigerators or Freezers, NOI, etc... No Change NOTE No Change NOTE No Change NOTE No Change. Analysis This proposal was submitted by Cold Box Express, LLC to establish a new item to specifically describe their Cold Box containers, at class CCSB opinions have held item 53180, naming Refrigerators or Freezers, NOI, with mechanical cooling or freezing apparatus, applicable for the involved products, at class 150. Subject 4, Page 1 of 3

28 SUBJECT 4 About the Involved Products The involved products are temperature-controlled shipping containers designed to hold a pallet of freight during transit. According to the proponent, these temperature-controlled containers service high value markets, including pharmaceutical, chemical, biotech, medical instruments, adhesives, and high value foods. They are constructed of fabricated aluminum, molded plastic and insulation. The units are equipped with deep cycle batteries that power the HVAC system, programmable controllers and software. Transportation Characteristics Density The proponent provided four density figures that represent the various models of the involved products. Densities range from to pcf, with an average of pcf1. Handling and Stowability The proponent states that their temperature-controlled shipping containers are forklift and pallet jack compatible, as shown in the photos above, and must be loaded upright. Due to the height of the container nearing the capacity height of the vehicle, it is unlikely that freight will be stacked on top of the containers, but they do provide a flat load-bearing surface for compatible freight. Liability According to the proponent, their products are not susceptible to damage, nor are they likely to damage other freight. In a one-year period, no damage claims were filed on 372 shipments. The value of their temperature-controlled shipping containers ranges from $8.20 to $8.81 per pound, with an average of $8.50 per pound. The remaining liability factors do not significantly impact the evaluation of these products. 1The proponent states that in some instances containers may be shipped with additional batteries that would increase the handling unit weight by 225 pounds. In such instances, the four densities would increase from 10.49, 10.55, and pcf to 11.65, 11.75, and pcf, respectively, resulting in an average density of pcf. Subject 4, Page 2 of 3

29 SUBJECT 4 Relationship to CCSB Policies and Guidelines CCSB policy calls for provisions to reflect a commodity s known transportation characteristics. Information of record indicates that the involved products range in density from to pcf, with an average density of pcf, and no unusual or significant handling, stowability or liability considerations. 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. The proponent seeks to establish a new item for their temperature-controlled shipping containers under the Carriers, Shipping, Group, at class Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and guidelines. Subject 4, Page 3 of 3

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31 SUBJECT 5 Re: Water Filters, Purifiers or Softeners CCSB Contact: William F. Mascaro Telephone (703) mascaro@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FILTERS GROUP: subject to item Filters, liquid or gas, NOI, cartridge-type, or tank-type with fittings, iron or steel, in boxes or crates, see Note, item 69096: Sub 1 Empty Sub 2 Containing filter cartridges or filtering material necessary for operation NOTE Not Involved Filters, water, cast iron, in boxes or crates MACHINERY GROUP: subject to item Filters or Purifiers, water, tank type, NOI; or Water Softeners, NOI; with fittings, wooden, KD, or iron or steel, loose or in packages, detached fittings must be in boxes, crates or drums: Sub 1 Empty Sub 2 Containing all filtering material necessary for operation Water Softeners, NOI, plastic, see Note, item , in boxes or crates NOTE Applies only on units designed to convert hard water to soft water. Provisions include brine tank(s) in same or separate packages and only in the quantity necessary for unit operation. PLUMBERS GOODS GROUP: subject to item Tank Unit, replacement, water softener assembly, not electric nor mechanical, containing all softening material necessary for operation TANKS: subject to item Filter or Water Softener, iron or steel, without fittings Water Softener, iron or steel, not exceeding 15 gallons in capacity, filled with water softening material, without regenerating equipment Subject 5, Page 1 of 6

32 SUBJECT 5 Proposed Classification Provisions Item Description Class FILTERS GROUP: subject to item Filters, liquid or gas, NOI, cartridge-type, or tank-type with fittings, iron or steel, other than water filters, in boxes or crates, see Note, item 69096: Sub 1 Sub 2 Empty... No Change Containing filter cartridges or filtering material necessary for operation... No Change NOTE No Change. A-NEW Filters or Purifiers, water, NOI; Tanks, water filter, purifier or softener, iron or steel, see Note, item B-NEW; or Water Softeners: Sub 1 In boxes or crates, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 6 but less than Sub 4 10 or greater Sub 5 In packages other than boxes or crates, subject to Item 170 and having a density in pounds per cubic foot of: Sub 6 Less than Sub 7 6 but less than Sub 8 10 or greater B-NEW NOTE Applies on tanks for water filters, purifiers or softeners, with or without fittings, and with or without water softening material Filters, water, cast iron, etc... Cancel; see item A-NEW MACHINERY GROUP: subject to item Filters or Purifiers, water, tank type, NOI; or Water Softeners, NOI; with fittings, wooden, KD, or iron or steel, etc... Cancel; see item A-NEW Water Softeners, NOI, plastic, etc... Cancel; see item A-NEW NOTE Cancel; no further application. PLUMBERS GOODS GROUP: subject to item Tank Unit, replacement, water softener assembly, not electric nor mechanical, containing all softening material necessary for operation... Cancel; see item A-NEW TANKS: subject to item Filter or Water Softener, iron or steel, without fittings... Cancel; see item A-NEW Water Softener, iron or steel, not exceeding 15 gallons in capacity, filled with water softening material, without regenerating equipment... Cancel; see item A-NEW Subject 5, Page 2 of 6

33 SUBJECT 5 Analysis Research Project 1237 Research Project 1237 was initiated in September 2014 in response to reports of densities inconsistent with the currently assigned classes for water softeners. During the course of research, additional information was identified indicating a similar issue with tanks for water softeners and articles moving under the provisions for tank-type water filters or purifiers. Hereinafter, these articles will be referred to as water filters or softeners. History of Provisions Provisions in the NMFC for water filters or water softeners date back to the 1930s. Since that time, numerous proposals have been considered to establish and/or amend various provisions for water filters, tank-type water filters or purifiers, water softeners, and tanks for water filters or softeners. About Water Filters, Purifiers or Softeners The involved products are generally used to treat or purify water. Water filters or purifiers use a variety of media to filter or purify water that is contained within a tank. Others resemble a filter element and utilize a metal housing surrounding the filtering media. They can be installed in water lines or various types of dispensers. Since the housing contains the filtering media and water, these have been considered, by some sources, to be tank-type. Water softeners are used to treat water by removing certain minerals from water to make it less hard. By removing the hardness, the treated water is more compatible with soap, and the lifetime of plumbing may be extended. Typically, a water softener utilizes a tank or housing containing filtering material designed to attract and hold the hard minerals. Water is then processed through the tank and filtering media to achieve the desired level of softness. Periodically, the filtering media needs to be cleaned, which is usually done through a regeneration process involving a brine rinse. To regenerate the softening media, salt is typically added to create the brine. Examples of the involved articles are shown below and on the following page. Water Filters or Purifiers Subject 5, Page 3 of 6

34 SUBJECT 5 Water Softeners Transportation Characteristics Density The information of record includes 14,290 density observations submitted by shippers and carriers, observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study1. The products range in density from 0.89 to pcf, with an average of 8.27 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 The involved articles may be tendered in a variety of ways, such as strapped to a lift truck skid or pallet, in crates, or in boxes, which are generally unitized on a lift truck skid or pallet. Stowability When tendered in boxes or crates, a flat load-bearing surface will generally be present for loading other freight on top, and there will typically be lateral support for adjacent freight, resulting in a greater ability for the carrier to readily structure a load, and enabling better utilization of available vehicle space. The boxes may provide directional arrows indicating the proper orientation for stowing within the vehicle. 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 4 of 6

35 SUBJECT 5 When tendered in packages other than boxes or crates, some negative stowability considerations have been identified. Water filters or softeners tendered in this manner may lack a regular load-bearing surface for top freight. Also, when loading the handling unit inside the vehicle, the lack of packaging will limit the type of freight that can be safely stowed adjacent to it. This can result in increased time on the part of the carrier to properly structure the load, including the use of load decks and/or dunnage, to minimize the potential for damage. Liability As is the case with most general commodities, when tendered for shipment fully enclosed within a box or crate, water filters or softeners should not be unusually susceptible to damage, nor likely to damage other freight with which transported. However, when tendered in packages other than boxes or crates, with little or no protective packaging, these products may exhibit a greater susceptibility to damage, and may have exposed edges or protrusions that can puncture or otherwise damage adjacent freight. The value per pound ranges from $2.01 to $5.83, with an average of $4.26 per pound. Information regarding claims is limited, with one carrier reporting four claims over the past two years, while another reported a claims ratio for item of 2% for 2015 and 0.25% for Relationship to CCSB Policies and Guidelines CCSB policy calls, in part, for combining item descriptions embracing related commodities, structuring item descriptions so as to foster clarification and simplification, and providing uniformity in provisions addressing the same or similar circumstances. Therefore, it would be in keeping with CCSB policy to cancel items 69110, , , , and with reference to a new item for water filters or purifiers, iron or steel tanks for water filters, purifiers or softeners, and water softeners. Note, item would be canceled with no further application. Concurrently, item would be restricted to other than water. CCSB policy also calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Information of record for water filters or softeners shows a range in density from 0.89 to pcf, with an average of 8.27 pcf. Under CCSB guidelines, an average density of 8.27 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. However, in this instance, research has identified significant negative stowability and liability characteristics that must also be considered, in accordance with CCSB policies. These have been detailed in this analysis and include such factors as the inability or additional care and equipment (e.g., load decks and dunnage) necessary to stack top freight or load adjacent freight, and the inherent risk of damage, particularly when not adequately packaged or protected from the normal rigors of the LTL environment. However, these issues can be mitigated when the articles are shipped in boxes or crates. Subject 5, Page 5 of 6

36 SUBJECT 5 The table below relates the information of record to the proposed density groupings and CCSB guidelines for the proposed classes when tendered in boxes or crates, and the oneclass adjustment for when the articles are tendered in packages other than boxes or crates. Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Class Adjustment for Stowability and Liability Considerations Less than but less than or greater Based on the information of record, it would be in keeping with CCSB policy and precedent to assign classes based on packaging and density2 in the new item, as proposed. Such an approach would provide a means for addressing both the density range, as well as the respective stowability and liability characteristics. A similar approach was taken on Subject 8 of Docket (January 2016), involving heat exchangers, as named in item Density was determined to be the primary transportation characteristic when those products were shipped in boxes or crates. When tendered in packages other than boxes or crates, the articles presented additional handling, stowability and liability concerns. Accordingly, classes were assigned predicated on packaging and density, assigning one class higher for heat exchangers tendered for shipment in packages other than boxes or crates. 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 policies and precedent. 2 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 5, Page 6 of 6

37 SUBJECT 6 Re: Dietary Supplements and Vitamins CCSB Contact: Matthew S. Erim Telephone (703) erim@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class DRUGS, MEDICINES OR TOILET PREPARATIONS: subject to item NOTE Not Involved Drugs, Medicines or Vitamins, NOI, other than toxic or corrosive materials, see Notes, items and See item for class dependent upon released value: Sub 1 In carboys Sub 2 In bags, boxes, drums, pails or Packages 2180, 2407 or 2499, see Note, item NOTE Not Involved NOTE Not Involved. Proposed Classification Provisions Item Description Class A-NEW Dietary Supplements, including Vitamins, NOI, see Note, item B-NEW, in boxes, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 8 but less than Sub 3 12 or greater B-NEW NOTE Applies on products for human consumption intended to supplement an individual s dietary needs. DRUGS, MEDICINES OR TOILET PREPARATIONS: subject to item NOTE No Change Drugs or Medicines, NOI, other than toxic or corrosive materials, see Notes, items and See item for class dependent upon released value: Subs 1-2 No Change NOTE No Change NOTE No Change. Subject 6, Page 1 of 4

38 SUBJECT 6 Analysis Research Projects 1259 and 1260 This proposal is based on the information developed through Research Projects 1259 and 1260, which were initiated in August 2015 to address interpretation issues regarding the proper classification of dietary supplements and vitamins, respectively, and to investigate the transportation characteristics of these products. Subsequent to the initiation of the projects, research revealed that the transportation characteristics of these related products are comparable. Consequently, the data obtained during the projects has been combined and the findings are being reported together. The CCSB s opinion is that the applicable provisions for dietary supplements and vitamins which are required to bear a Supplement Facts label, like that shown on the right, when sold to consumers, are found in item Additionally, the CCSB is of the opinion that the applicable provisions for dietary supplements and vitamins not having a Supplement Facts label would not be found in an item subordinate to the Drugs, Medicines or Toilet Preparations generic heading. History of Provisions As a result of action taken on Docket 971, Subject 17 (February 1997), the reference to Vitamins was added to the description of item for clarification purposes, with no class change. That proposal was approved as docketed, and the change first appeared in Supplement 9 to NMF 100-W, effective April 26, About Dietary Supplements and Vitamins The U.S. Food and Drug Administration (FDA) defines a dietary supplement as a product intended for ingestion that contains a dietary ingredient intended to add further nutritional value to (supplement) the diet. A dietary ingredient may be one, or any combination, of the following substances: a vitamin, a mineral, an herb or other botanical, an amino acid, a dietary substance for use by people to supplement the diet by increasing the total dietary intake, [or] a concentrate, metabolite, constituent, or extract 2. Dietary supplements and vitamins can be found in a variety of forms such as tablets, capsules, softgels, gelcaps, liquids or powders. Examples of dietary supplements and vitamins are found below. 1 Absent a more-specific description in the NMFC. 2 (accessed March 2017) Subject 6, Page 2 of 4

39 SUBJECT 6 Transportation Characteristics Density The information of record includes 3,296 density observations submitted by shippers and carriers, observed firsthand during CCSB dock surveys and obtained from the CCSB s Density Study3. The densities range from 0.55 to pcf, with an overall average of pcf. The data can be divided into three density groupings of less than 8 pcf, 8 but less than 12 pcf, and 12 pcf or greater. When evaluated on the basis of these three density groupings, the density ranges and averages shown in the table below are calculated. Density Group (pcf) Density Range (pcf) Average Density (pcf) Percentage of Figures in Group Less than % 8 but less than % 12 or greater % Handling and Stowability The information of record indicates that dietary supplements and vitamins are generally shipped in boxes securely fastened to lift truck skids or pallets. There have been no reports of unusual or significant handling or stowability problems. Liability Dietary supplements and vitamins are not unusually susceptible to theft, hazardous in nature, nor do they appear likely to damage other freight. These products may be damaged by freight with which stowed or by the elements. As with other types of consumable products, these products may require extra care or attention to avoid contamination. Responding shippers reported one to 300 claims per year, and carriers reported minimal claims for these products. The value per pound ranges from $0.59 to $65.22, with an average of $16.68 per pound. Relationship to CCSB Policies and Guidelines CCSB policy calls for the establishment or amendment of classifications for commodities that are a source, or potential source, of interpretation disputes so as to eliminate or avoid those disputes. The CCSB has received numerous interpretation inquiries regarding the applicable provisions for dietary supplements and vitamins. This proposal would address the interpretation issue by establishing an item for these products, and an attendant Note for clarification purposes. Concurrently, the reference to Vitamins in item would be removed, with no change to the classes in that item. 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 6, Page 3 of 4

40 SUBJECT 6 CCSB policies also call for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. The information of record for dietary supplements and vitamins shows that these products have a density range from 0.55 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 greater4, with classes reflective of the average density of each grouping. Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Less than but less than or greater Precedent for this approach can be found in Docket , Subject 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 policy and precedent. 4 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 6, Page 4 of 4

41 SUBJECT 7 Re: Item (Rule) 680 Articles with Wheels or Casters CCSB Contact: Erin N. Topper Telephone (703) topper@nmfta.org Proponent: Classification Resource Committee Proposed Classification Provisions It is proposed to amend Item (Rule) 680, Packing or Packaging General, to read as follows: ITEM 680 PACKING OR PACKAGING GENERAL Secs No Change. Articles with Wheels or Casters Sec. NEW. Articles that are tendered for shipment with wheels or casters attached must be equipped with locking or retracting devices or be packaged in such a manner as to prevent movement during transportation. When tendered on lift truck skids, pallets or platforms, articles must be secured to prevent any shifting during transportation and to prevent wheels or casters from falling through the lift truck skid, pallet or platform deck. Analysis and Relationship to CCSB Policies and Guidelines This proposal was docketed by the Classification Resource Committee (CRC) in response to reports of freight tendered on wheels or casters not being shipped in a manner to prevent movement within the vehicle. Currently, Note, item , which is referenced by item , naming Racks and Related Articles, is the only provision in the Classification that requires wheeled articles to be equipped with locking or retracting mechanisms or be packaged in a manner where the wheels are not a factor during transit. However, based on reports, there is a variety of freight that is frequently tendered on wheels or casters, such as those shown in the photos below. Tool Box Medical Supply Cart Aquarium Subject 7, Page 1 of 2

42 SUBJECT 7 Freight tendered on wheels or casters that is not equipped with locking or retracting devices, or packaged in such a manner as to prevent movement, leaves the freight and adjacent freight susceptible to damage from shifting/rolling. Moreover, when tendered on a lift truck skid, pallet or platform, the freight can be damaged if the wheels or casters fall through the lift truck skid, pallet or platform deck. CCSB policies state that the CCSB is to establish and maintain packaging rules and specifications as necessary to ensure that freight is adequately protected and can be handled and stowed in a manner that is reasonably safe and practicable so as to withstand the normal rigors of the less-than-truckload environment. As such, it would be in keeping with the CCSB s policies to add a new section to Item (Rule) 680 for articles with wheels or casters, as proposed. Subject 7, Page 2 of 2

43 SUBJECT 8 Re: Item (Rule) 680 Where Damage to the Shipping Package Will Result in a Claim CCSB Contact: Erin N. Topper Telephone (703) topper@nmfta.org Proponent: Classification Resource Committee Proposed Classification Provisions It is proposed to amend Item (Rule) 680, Packing or Packaging General, to read as follows: ITEM 680 PACKING OR PACKAGING GENERAL Secs No Change. Where Damage to the Shipping Package Will Result in a Claim Sec. NEW. Unless otherwise provided in individual descriptions of articles, when damage to the shipping package, including cosmetic damage, will result in a claim for loss or damage, such package(s) must be overpacked or otherwise protected by packaging materials sufficient to prevent damage to the package(s). See also Item 222-1, Note 6. Analysis and Relationship to CCSB Policies and Guidelines This proposal was docketed by the Classification Resource Committee (CRC) based on reports of claims filed with carriers for damage to a product s shipping package only, including cosmetic damage, and not to the product itself. The reports involve a range of products from pharmaceutical or medical supplies to consumer products, with no common thread to identify the specific products within the NMFC. Carriers have been left unaware of the potential for such claims, as the NMFC is generally silent to this issue and does not provide general packaging requirements or specifications for such shipments. CCSB policies state the CCSB is to establish and maintain packaging rules and specifications as necessary to ensure that freight is adequately protected and can be handled and stowed in a manner that is reasonably safe and practicable so as to withstand the normal rigors of the less-than-truckload environment. This proposal would add a new section to Item (Rule) 680, Packing or Packaging General, which would require additional protection to shipments where damage to the packaging itself will result in a claim. This proposal, as docketed, is in keeping with CCSB policies. Subject 8, Page 1 of 1

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45 SUBJECT 9 Re: Fryers (Deep Fryers), NOI Item CCSB Contact: Keith L. Charles, Jr. Telephone (703) charles@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class ELECTRICAL EQUIPMENT GROUP: subject to item Fryers (Deep Fryers), NOI, without covers or with covers in same package, in boxes, crates or Package Proposed Classification Provisions Item Description Class ELECTRICAL EQUIPMENT GROUP: subject to item Fryers (Deep Fryers), NOI, without covers or with covers in same package, in boxes, crates or Package Analysis This proposal is in response to a report brought to the attention of the CCSB indicating that shipments of electric fryers (deep fryers), NOI, as named in item 62057, may exhibit transportation characteristics inconsistent with the currently assigned class 85. History of Provisions Provisions in the NMFC for fryers date back to the 1950s. Since that time, numerous proposals have been considered to amend the provisions for these articles. The current provisions were established as a result of action taken on Docket 932, Subject 9 (March 1993) and first appeared in Supplement 2 to NMF 100-T, effective July 10, About Fryers Fryers are electrical appliances used for preparing fried foods. Examples of fryers are shown below. Subject 9, Page 1 of 2

46 SUBJECT 9 Transportation Characteristics Density Information of record for fryers, as named in item includes 2,715 density observations obtained from the CCSB s Density Study1. The products range in density from 2.35 to pcf, with an average density of 9.04 pcf. Over 73% of the figures fall between 6 and 12 pcf. Handling and Stowability Information of record indicates the involved products 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. Liability Fryers 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. Information of record indicates that fryers range in density from 2.35 to pcf, with an average density of 9.04 pcf, with the preponderance of density figures concentrated around the overall average. Additionally, no unusual or significant handling, stowability or liability characteristics were identified. An average density of 9.04 pcf is generally associated with class 100 under CCSB density guidelines, which call for a minimum average density of 9 pcf. This proposal would assign class 100 to item in lieu of the current class 85. A similar approach was taken on Docket , Subject 7 (January 2016), involving item for bathroom scales. No significant handling, stowability or liability concerns were reported, and, as such, density was determined to be the primary transportation characteristic. As with fryers, bathroom scales exhibited a wide range of densities from 2.20 to pcf with a significant concentration of density observations almost 72% 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 92.5, 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. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 9, Page 2 of 2

47 SUBJECT 10 Re: Hair Dryers CCSB Contact: Ashley L. Gencarelli Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class ELECTRICAL EQUIPMENT GROUP: subject to item Dryers, hair; hand-held; household bonnet-type; or wall mounting, other than salon-type; with or without brush or comb attachments or integral sprayers, in boxes MACHINERY GROUP: subject to item Hair Dryers, NOI, in boxes or crates Proposed Classification Provisions Item Description Class ELECTRICAL EQUIPMENT GROUP: subject to item Dryers, hair; hand-held; household bonnet-type; or wall mounting, other than salon-type, etc... Cancel; see item NEW NEW Hair Dryers, in boxes or crates MACHINERY GROUP: subject to item Hair Dryers, NOI, etc... Cancel; see item NEW Analysis Research Project 1288 This proposal is based on the information developed through Research Project 1288, which was initiated in August 2016 to review the transportation characteristics of hair dryers. History of Provisions The basic provisions for hair dryers, as named in item , first appeared in Supplement 7 to NMFC No. 5, effective October 1, 1941 to remain competitive with the rails. The current class 100 was established as a result of action taken on Special Docket No. 1 (issued July 20, 1949), and first appeared in NMFC A-1, effective July 10, The provisions of item were established as a result of action taken on Docket 743, Subject 46 (May 1974). While specific information from that proposal is no longer available, the proposal was approved as modified, and the changes first appeared in Supplement 11 to NMF 100-B, effective September 10, Concurrently, the provisions for hair dryers, as named Subject 10, Page 1 of 3

48 SUBJECT 10 in item , were amended to include the NOI, and have remained substantially unchanged to the present. As a result of action taken on Docket 932, Subject 4 (March 1993), the description of item was amended to also apply on household bonnet-type or wall-mounted hair dryers, and the current class 100 was established. Information from that record indicated a range in density from 6.59 to pcf, with an average density of pcf, and an average value of $10.45 per pound (in 1993 dollars). The changes first appeared in Supplement 1 to NMF 100-T, effective May 29, 1993, and the provisions have remained substantially unchanged to the present. About Hair Dryers Hair dryers are electrical appliances that blow warm air over wet hair in order to dry it by way of rapid evaporation. The most common types of hair dryers are handheld dryers and bonnet dryers and also includes salon dryers. Pictures of the involved products are shown below. Transportation Characteristics Density Information of record for products moving under items and includes 2,028 density observations observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study1. The densities range from 1.00 to pcf, with an average of 7.05 pcf. Over 85% of the figures are clustered between 4 and 10 pcf. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 10, Page 2 of 3

49 SUBJECT 10 Handling and Stowability Information of record indicates that the involved products 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 Hair dryers 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. 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 and with reference to a new item, naming Hair Dryers. CCSB policy also calls for classification provisions to reflect a commodity s known transportation characteristics. Information of record for hair dryers shows a range in density from 1.00 to pcf, with an average density of 7.05 pcf, and a predominant concentration of density figures within a narrow range around the overall average. Additionally, no unusual or significant handling, stowability or liability characteristics have been identified. Based on CCSB guidelines, an average density of 7.05 pcf is generally associated with class 125, which calls for a minimum average density of 7 pcf. Under this proposal, class 125 would be assigned to the new item. A similar approach was taken on Docket , Subject 5 (January 2017), involving toilet paper. No significant handling, stowability or liability concerns were reported, and, as such, density was determined to be the primary transportation characteristic. As with hair dryers, toilet paper exhibited a wide range of densities from 1.18 to pcf with a significant concentration of density observations over 70% clustered around the overall average density of 7.57 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 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 10, Page 3 of 3

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51 SUBJECT 11 Re: Seats, aircraft or boat CCSB Contact: Matthew S. Erim Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class AIRCRAFT GROUP: subject to item Seats, in boxes or crates: Sub 1 Attendant, crew or troop: Sub 2 SU Sub 3 KD Sub 4 Passenger, NOI: Sub 5 SU Sub 6 KD BOAT GROUP: subject to item Seats, NOI, other than portable, in boxes or crates: Sub 1 SU Sub 2 KD or back folded on seat, with or without standard attached Seats, agricultural implement, automobile, bicycle, tractor or vehicle, NOI, see Note, item , in boxes or crates, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE Also applies on finished Bus Passenger Seat Backs or Cushions. Proposed Classification Provisions Item Description Class AIRCRAFT GROUP: subject to item Seats, etc... Cancel; see item BOAT GROUP: subject to item Seats, NOI, other than portable, etc... Cancel; see item Subject 11, Page 1 of 4

52 SUBJECT 11 Proposed Classification Provisions Concluded Item Description Class Seats, viz.: Agricultural Implement; Aircraft; Automobile, see Note, item ; Bicycle; Boat; Motorcycle; Tractor; Vehicle, NOI; In boxes or crates, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE No Change. Analysis Research Project 1274 This proposal is based on the information developed through Research Project 1274, which was initiated in January of 2016 to address interpretation issues involving aircraft or boat seats, and to investigate the transportation characteristics of these products as named in items and 25250, respectively. History of Provisions The provisions of item first appeared in Supplement 11 to NMFC No. 8, effective February 5, The establishing documentation is no longer available. The current provisions of item were established as a result of action taken on Docket 141, Subject 30 (July 1969), and first appeared in Supplement 3 to NMFC A-11, effective July 29, The provisions have remained substantially unchanged to the present. Subject 11, Page 2 of 4

53 SUBJECT 11 The provisions of item were established as a result of action taken on Docket 111, Subject 54 (November 1963), and first appeared in Supplement 14 to NMFC A-7, effective September 24, The reference to other than portable was added as a result of action taken on Docket 117, Subject 4 (January 1965). That change first appeared in Supplement 4 to NMFC A-8, effective July 13, The provisions have remained substantially unchanged to the present. About Aircraft or Boat Seats The involved products support persons in sitting positions on aircraft or boats. These products are comparable in function to automobile and other vehicle seats. Examples of aircraft or boat seats are found below. Transportation Characteristics Density Information of record includes 2,680 density observations collected from carriers, observed firsthand during CCSB dock surveys and obtained from the CCSB s Density Study1. The products range in density from 0.94 to pcf, with an average of 4.27 pcf. Handling and Stowability Aircraft or boat seats are typically tendered in fiberboard boxes secured on lift truck skids or pallets. Larger articles may be shipped in crates. No significant handling or stowability issues have been reported. Liability The involved products are not perishable, unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor do they appear likely to damage other freight. Responding carriers reported minimal to no claims for the involved articles. No information was obtained on the value per pound of these commodities. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 11, Page 3 of 4

54 SUBJECT 11 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 aircraft or boat seats range in density from 0.94 to pcf, with an average density of 4.27 pcf, and exhibit no unusual or significant negative handling, stowability or liability considerations. CCSB policy further provides that commodities or commodity groups exhibiting a wide density range not accurately reflected by a single overall average density may be assigned density-based classes; especially where there are no unusual or significant handling, stowability or liability characteristics and where there is no other feasible means of effectively narrowing the range. CCSB policy also calls for combining item descriptions embracing related commodities. Therefore, it would be in keeping with CCSB policy, as proposed, to cancel items and and group these products with related commodities, e.g. automobile seats, within item , which provides the CCSB s standard 11-subprovision density scale2. Additionally, amending the description of item to provide a viz. listing, as proposed, would allow for more-clearly naming the many different articles embraced by item and be in keeping with CCSB policy. A similar approach was taken on Docket , Subject 14 (September 2016), involving bicycle or tricycle saddles or seats. Based on the information of record, and in keeping with CCSB policy and precedent, the specific provisions for bicycle or tricycle saddles or seats were canceled with reference to the density-based provisions of item The proposal was approved as docketed, and the changes 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. 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 11, Page 4 of 4

55 SUBJECT 12 Re: Heaters or Furnaces, air or hydronic, electric thermal energy storage, residential or commercial, and Ceramic Thermal Energy Storage Bricks CCSB Contact: Nathan D. Ripke Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class BOILERS, FURNACES, STOVES AND RELATED ARTICLES GROUP: subject to item Furnaces, house heating, hot air, see Note, item 26282, in boxes, crates or wrapped packages, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 6 or greater NOTE Also applies on burners, sprayers, vaporizers or air conditioning apparatus when forming an integral part of the furnace which they accompany. CHINA GROUP: subject to item Chinaware, Earthenware, Porcelainware or Stoneware, NOI, released to value not exceeding $90.00 per 100 pounds, see Note, item 47514, in boxes, crates, drums or Package Chinaware, Earthenware, Porcelainware or Stoneware, NOI, not released to value of $90.00 per 100 pounds, in boxes, crates, drums or Package NOTE Not Involved. MACHINERY GROUP: subject to item Air Heaters, other than portable, with blowers or fans, with or without accompanying hardware or accessories, in packages, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 6 but less than Sub 3 10 or greater Machinery or Machines, NOI, or Machinery or Machine Parts, NOI: Sub 1 In boxes, crates or Packages 107, 1082 or 2107, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 8 but less than Sub 4 15 or greater Sub 5 On skids or in packages other than boxes, crates or Packages 107, 1082 or 2107, subject to Item 170 and having a density in pounds per cubic foot of: Sub 6 Less than Sub 7 8 but less than Sub 8 15 or greater Subject 12, Page 1 of 5

56 SUBJECT 12 Proposed Classification Provisions Item Description Class BOILERS, FURNACES, STOVES AND RELATED ARTICLES GROUP: subject to item Furnaces, house heating, hot air, etc... No Change NOTE No Change. BRICK GROUP: subject to item A-NEW Brick, thermal energy storage, ceramic, in packages CHINA GROUP: subject to item Chinaware, Earthenware, Porcelainware or Stoneware, NOI, etc... No Change Chinaware, Earthenware, Porcelainware or Stoneware, NOI, etc... No Change NOTE No Change. MACHINERY GROUP: subject to item Air Heaters, other than portable, with blowers or fans, with or without accompanying hardware or accessories, etc... No Change B-NEW Heaters or Furnaces, air or hydronic, electric thermal energy storage, residential or commercial, with blowers or fans and thermostat, with or without complement of ceramic thermal energy storage bricks, see Note, item C-NEW, in packages, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 7 but less than Sub 3 15 or greater C-NEW NOTE Applies only on air or hydronic heaters or furnaces for permanent installation that collect and store heat by means of ceramic thermal energy storage bricks Machinery or Machines, NOI, or Machinery or Machine Parts, NOI, etc... No Change Analysis Research Project 1279 and Background of Proposal Docket , Subject 4 (May 2016) was a proposal submitted by Steffes Corporation to establish new provisions for their electric thermal energy storage systems and the necessary bricks for those units. Based on the information of record, that proposal was disapproved, and Research Project 1279 was initiated to review the transportation characteristics of the involved products. Electric thermal energy storage systems represented as residential air heaters are currently classified in item , whereas the involved residential furnaces that use forced-air to distribute heat are classified in item 26280, and the involved residential and commercial hydronic furnaces are classified in item The involved ceramic thermal energy storage bricks shipped without a heater or furnace are currently classified in item or item Subject 12, Page 2 of 5

57 SUBJECT 12 About Electric Thermal Storage Systems Electric Thermal Storage (ETS) systems convert low cost, off-peak electricity to heat and store it inside ceramic bricks. A thermostat monitors the room s air temperature and regulates heat delivery through blowers or fans on an as-needed basis. This technology can be used in various models of heaters or furnaces including: residential air heaters, residential forced air furnaces, and residential or commercial hydronic furnaces. Examples of the ETS systems are shown below. Shipments of Electric Thermal Storage Systems LTL shipments are tendered to the carrier in a variety of configurations. For example, one or more air heaters may be shipped on a lift truck skid or pallet, with or without bricks; one furnace may be shipped in sections on multiple pallets, with or without (a) complementary pallet(s) of bricks; or the bricks may shipped alone without a heater or furnace. Subject 12, Page 3 of 5

58 SUBJECT 12 Transportation Characteristics Density Information of record includes 119 density figures submitted by a shipper and carriers that represent the various models of the involved products and the different configurations in which they are tendered for shipment. Densities range from 3.19 to pcf, with an average density of pcf. When the data is evaluated based on the proposed provisions the following ranges and averages are calculated. Proposed Density Group Density Range Average Density Description Item (pcf) (pcf) (pcf) A-NEW Brick B-NEW Heaters or Furnaces Less than B-NEW Heaters or Furnaces 7 but less than B-NEW Heaters or Furnaces 15 or greater Handling and Stowability The involved heaters or furnaces are shipped inside two fiberboard sleeves with a complement of fiberboard edge protectors. The smaller units are completely enclosed in fiberboard, while the midsection of the larger units are left exposed (page 3, lower right photo). All heaters or furnaces are wrapped in plastic film, strapped to a lift truck skid or pallet. The bricks are strapped to a lift truck skid or pallet, utilize fiberboard edge protectors and are wrapped in plastic film. There have been no reports of negative handling or stowing considerations. Liability One shipper reported that the value of their heaters or furnaces ranges from $4.16 to $6.35 per pound, with an average value of $5.33 per pound. Shipments of brick range in value from $0.16 to $0.34 per pound, with an average value of $0.28 per pound. The same shipper reported a claims ratio of 2% based on 120 annual shipments. One carrier reported zero claims on the involved products. 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 classifications for commodities that are a source or potential source of interpretation disputes so as to eliminate or avoid those disputes. As mentioned in the analysis, electric thermal energy storage systems are not specifically named in the Classification and are currently classified in one of three separate items depending on the products representation and primary function. Ceramic thermal energy storage bricks are also unnamed, and are currently classified in one of two general items for chinaware, earthenware, porcelainware or stoneware. CCSB policy also calls for classification provisions to reflect a commodity s known transportation characteristics. Information of record indicates that the involved products range in density from 3.19 to pcf, with an average density of pcf. CCSB policy further states that when commodities or commodity groups exhibit a wide density range not accurately reflected by a single overall average density, density-based classes may be Subject 12, Page 4 of 5

59 SUBJECT 12 established. The table below illustrates the data of record when it has been divided by the proposed items and the proposed density groupings. Proposed Item Description Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines A-NEW Brick B-NEW B-NEW B-NEW Heaters or Furnaces Heaters or Furnaces Heaters or Furnaces Less than but less than or greater This proposal would establish specific provisions for ceramic thermal energy storage bricks, at class 50, based on an average density of pcf. It would also establish specific provisions for electric thermal energy storage systems predicated on density breaks at 7 and 15 pcf1. Furthermore, a new Note would be added and referenced to clarify that those provisions only apply on air or hydronic heaters or furnaces for permanent installation that collect and store heat by means of ceramic thermal energy storage bricks. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and guidelines. 1 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 12, Page 5 of 5

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61 SUBJECT 13 Re: Solar Collectors or Solar Panels CCSB Contact: Erin N. Topper Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class ELECTRICAL EQUIPMENT GROUP: subject to item Semiconductors, see Note, item 63031, in boxes, viz.: Devices, NOI, see Note, item 63029; [Other Articles Listed Not Involved.] Sub 1 Released value not exceeding $3.00 per pound Sub 2 Released value exceeding $3.00 per pound but not exceeding $10.00 per pound Sub 3 Released value exceeding $10.00 per pound but not exceeding Sub 4 $20.00 per pound If the shipper declines to release each pound in shipment to a value not exceeding $20.00 per pound, the shipment will not be accepted NOTE Not Involved NOTE Not Involved NOTE Not Involved Solar Collectors, with or without glass or plastic glazing components, see Note, item , in boxes, crates or Packages 2149, 2327 or 2333; Solar Absorber Plates, see Note, item , in boxes or Packages 2340 or 2434; or Solar Water Heaters, in boxes or crates; subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 or greater NOTE Applies on units designed to collect solar energy in the form of heat NOTE Applies on plates or panels, designed for installation in solar collectors, with integral channels or tubing formed therein or attached thereto through which the heat transfer medium is circulated. Subject 13, Page 1 of 7

62 SUBJECT 13 Proposed Classification Provisions Item Description Class ELECTRICAL EQUIPMENT GROUP: subject to item Semiconductors, see Note, item 63031, in boxes, viz.: Devices, NOI, see Note, item 63029; [Other Articles Listed No Change.] Subs 1-4 No Change NOTE No Change NOTE No Change NOTE No Change Solar Collectors, Modules or Panels, including Photovoltaic (PV) Cells or Modules, with or without glass or plastic glazing components; Solar Absorber Plates, see Note, item ; or Solar Water Heaters: Sub 1 In boxes or Packages 2149, 2327, 2333, 2340 or 2434, 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 as set forth in sub 1, see Note, item 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 NOTE Cancel; no further application NOTE No Change. NEW Analysis NOTE Articles tendered for shipment on lift truck skids or pallets must not overhang the skid or pallet deck, and all exposed surfaces and edges must be completely wrapped with plastic film or corrugated fiberboard. Articles on lift truck skids or pallets must be secured to the lift truck skid or pallet so as to withstand the normal rigors of the less-than-truckload environment. Research Project 1286 This proposal is based on the information developed during Research Project 1286, which was initiated in July of 2016 to investigate the transportation characteristics of products that collect solar energy for space or water heating, or power generation. Hereinafter, these products will be referred to as solar collectors or panels. Subject 13, Page 2 of 7

63 SUBJECT 13 History of Provisions Item and Note, item were established as a result of action taken on Docket 773, Subject 43 (April 1977). Information from that record indicates that since these were new products at the time of the item s establishment, the solar collectors were generally made to specification, and there were no standard models. Therefore, the data of record varied greatly from one manufacturer to the next. Overall, solar collectors had densities ranging from 2.00 to pcf, and an average value of approximately $2.14 per pound (in 1977 dollars). The products were well packaged and had a claims ratio of less than 1%. Due to the fact that the solar collectors contained large amounts of glass, they were susceptible to damage. The handling of the freight was generally good, except for the very long units (lengths reported up to 20 feet). Concurrently, item for solar absorber plates was established, at class 70. Based on the information from that record, the solar absorber plates were constructed primarily of copper; however, there were also plates made of steel, aluminum and brass. The plates had an average density of pcf, and values which ranged from $1.88 to $2.80 per pound (in 1977 dollars). The items first appeared in Supplement 15 to NMF 100-D, effective December 3, As a result of action taken on Docket 847, Subjects 88 and 91 (October 1984), item was canceled and reference to solar absorber plates was added to the description of item Note, item was also established at this time. The changes first appeared in Supplement 1 to NMF 100-L, effective May 18, Reference to solar water heaters was added to the description as a result of action taken on Docket 934, Subject 10 (June 1993), and first appeared in Supplement 3 to NMF 100- T, effective August 14, About Solar Collectors or Panels Solar collectors or panels, also referred to as modules, are plates of plastic and glass that absorb the sun s heat and energy, which is converted to energy to power and heat homes and businesses. A photovoltaic (PV) module is an assembly of solar cells1. While most solar collectors or panels are classified in item , PV cells or modules function by using semiconductors or semiconductor materials and are, per CCSB opinions, classified in item As described by its name, a solar water heater, shown in the photo above on the left, converts the sun s energy into a water heating system. 1 (accessed March 2017) Subject 13, Page 3 of 7

64 SUBJECT 13 Shipments of Solar Collectors or Panels Solar collectors or panels are packaged in a variety of ways for shipment. As shown in the photos below, they may be fully enclosed in fiberboard boxes secured on lift truck skids or pallets. Or they may be tendered stacked and secured on lift truck skids or pallets with strapping and/or plastic film, protected by some packaging forms or just plastic film2. Transportation Characteristics Density The information of record for the involved articles includes 12,241 density observations submitted by carriers, collected during CCSB dock surveys and obtained from the CCSB s Density Study3. Solar collectors or panels range in density from 0.25 to pcf, with an average density of pcf. When the data is evaluated on the basis of the three proposed density groupings, the following ranges and averages are calculated. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater While the present provisions do not authorize this method of packaging, the proposed provisions would permit in packages, subject to a new Note providing additional packaging requirements. 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 4 of 7

65 SUBJECT 13 Handling Solar collectors or panels are generally tendered secured on lift truck skids or pallets, which facilitate mechanical handling. When packaged fully enclosed in boxes or in one of the authorized numbered packages, handling will be comparable to that of other likepackaged freight. However, articles not fully protected by packaging 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, Handle with Care and Keep Dry. Stowability When tendered in boxes or one of the authorized numbered packages, solar collectors or panels will generally provide a flat load-bearing surface for top freight, as well as lateral support for adjacent freight. Stowing would be comparable to that of other like-packaged freight. Solar collectors or panels tendered secured on lift truck skids or pallets, such as that shown in the photo above, may appear to provide a flat load-bearing surface, but due to the fragile nature of the involved articles, many handling units are marked Do Not Stack or have donot-stack cones. Also, while they may provide some lateral support, extra care and attention will have to be taken to load only compatible freight adjacent to solar collectors or panels packaged in this manner to mitigate the chance of damage to these exposed or minimally protected articles. Consequently, solar collectors or panels not tendered in boxes or one of the authorized numbered packages can result in increased time on the part of the carrier to properly structure the load, including the use of load decks and/or dunnage, to minimize the potential for damage. Liability There is no evidence that solar collectors or panels are unusually susceptible to theft, hazardous in nature, or prone to damage other freight with which transported. When packaged in boxes or one of the authorized numbered packages, solar collectors or panels will generally be protected from damage during transportation. However, when tendered on lift truck skids or pallets without such packaging, the solar collectors or panels may be more susceptible to damage, particularly if the sides are not protected by packaging materials or if the articles are not adequately secured to the lift truck skid or pallet. One carrier reported two damage claims in the last two years, while another carrier reported that these articles are on their restricted list. 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. While solar collectors or panels are named in item , photovoltaic cells or modules are classified, by interpretation, in item since they function by using semiconductors or semiconductor materials. It would be in keeping with CCSB policy to amend the description of item to include all solar collectors, modules or panels, including photovoltaic cells or modules, as proposed. Subject 13, Page 5 of 7

66 SUBJECT 13 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 0.25 to pcf, with an 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 or one of the authorized numbered packages, 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 or one of the authorized numbered packages. The following table relates the information of record to the proposed density groupings and CCSB guidelines for the proposed classes when tendered in boxes or the authorized numbered packages, and the class adjustment for when the articles are tendered in packages other than boxes or the authorized numbered packages. 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 proposed4. Such an approach would provide a means for addressing both the density range, as well as the respective handling, stowing and liability characteristics. CCSB packaging policy calls for the CCSB to establish and 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-than-truckload environment. Establishing a new Note to provide additional packaging requirements for solar collectors or panels shipped in packages other than boxes or one of the authorized numbered packages would be consistent with CCSB policy. Note, item would be canceled as having no further application. 4 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 13, Page 6 of 7

67 SUBJECT 13 A similar approach was taken on Subject 1 of Docket (May 2014), involving items and for air coolers or air conditioners, heat pumps, air handlers, or refrigeration evaporators or condensers. Item was canceled with reference to item , which was concurrently amended to provide classes based on packaging and density. Density was determined to be the primary transportation characteristic when those products were shipped in boxes, crates or Packages 2475 or When tendered in other packages, the articles presented additional handling, stowing and liability concerns. Accordingly, classes were predicated on packaging and density, assigning respectively higher classes for air coolers or air conditioners, heat pumps, air handlers, or refrigeration evaporators or condensers tendered for shipment in packages other than boxes, crates or Packages 2475 or That proposal was approved as modified, and the provisions first appeared in Supplement 4 to NMF 100-AN, effective September 27, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. Subject 13, Page 7 of 7

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69 SUBJECT 14 Re: Wax Paper CCSB Contact: Allison L. Austin Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class PAPER: subject to item Wrapping, NOI, other than corrugated, fluted or indented: Sub 1 In rolls less than 50 feet per roll, in boxes Sub 2 In rolls 50 feet or more per roll, or other than in rolls, in packages PAPER ARTICLES GROUP: subject to item Paper Goods or Articles, viz.: Paper Goods or Articles, NOI; [Other Articles Listed Not Involved.] In boxes, see Note, item , subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE Not Involved NOTE Not Involved. Proposed Classification Provisions Item Description Class PAPER: subject to item NEW Wax Paper (Waxed Paper), in boxes Wrapping, NOI, other than corrugated, fluted or indented, etc... No Change PAPER ARTICLES GROUP: subject to item Paper Goods or Articles, etc... No Change NOTE No Change NOTE No Change. Subject 14, Page 1 of 3

70 SUBJECT 14 Analysis Research Project 1278 This proposal is based on the information developed through Research Project 1278 on wax paper. While wax paper is not specifically named in the NMFC, CCSB opinions have generally classified this commodity under the provisions of item , naming wrapping paper, NOI. Subject 2 of Docket (May 2016) was a proposal on wrapping paper that included the amendment of item During the CCSB meeting where that proposal was considered, interested persons in attendance argued the proposed classes in item were not reflective of the transportation characteristics of their wax paper products. Based on the information of record, that proposal was approved as docketed and Research Project 1278 was initiated to investigate the transportation characteristics of wax paper. About Wax Paper Wax paper, also called waxed paper, is paper coated or treated with soybean or paraffin wax. Sold in either sheets or rolls, this product is typically used as a food packaging, handling and/or storage material. Given its prominent usage in the foodservice industry as a food wrap, classification opinions have generally held item , naming wrapping paper, NOI, applicable. However, the principal functionality can vary, which may affect its classification. For example, opinions have held item , naming paper goods or articles, NOI, applicable for patty paper, which is wax paper that primarily serves to separate, rather than wrap, food. Transportation Characteristics Density Information of record on wax paper includes 51 density observations submitted by shippers, collected during CCSB dock surveys and obtained from the CCSB s Density Study1. The products range in density from to pcf, with an average density of pcf. Over 78% of the figures fall between 15 and 30 pcf. Handling and Stowability Wax paper is generally tendered in fiberboard 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 14, Page 2 of 3

71 SUBJECT 14 Liability Wax paper is not unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor does it appear likely to damage other freight. Responding shippers report zero to four claims per year, and carriers indicate minimal to no claims on the involved products. The value per pound ranges from $0.35 to $2.02, with an average value of $1.08 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. Wax paper is not specifically named within the Classification and may be classified under different items based on the products primary function, which has resulted in some confusion as to the applicable provisions for this commodity. This proposal would establish a new, specific item for wax paper. CCSB policy also calls for provisions to reflect a commodity s known transportation characteristics. Information of record for wax paper shows a range in density from to pcf, with an average density of pcf, and the preponderance of density figures concentrated around the overall average. Additionally, no unusual or significant handling, stowability or liability characteristics were identified. Under CCSB guidelines, an average density of pcf is generally associated with class 65, which calls for a minimum average density of 22.5 pcf. This proposal would assign class 65 to the new item for wax paper. 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 14, Page 3 of 3

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73 SUBJECT 15 Re: Paper Cups, NOI Item CCSB Contact: Keith L. Charles, Jr. Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class PAPER ARTICLES GROUP: subject to item Cups, paper, pulpboard or wood pulp, NOI, nested or KD flat, see Note, item , in boxes or Package NOTE Class also applies on one plastic, paper or pulpboard lid for each cup in the shipment. Lids may be separately packaged. Proposed Classification Provisions Item Description Class PAPER ARTICLES GROUP: subject to item Cups, paper, pulpboard or wood pulp, NOI, nested or KD flat, see Note, item , in boxes or Package NOTE No Change. Analysis Research Project 1295 This proposal is based on the information developed through Research Project 1295, which was initiated in December of 2016 to investigate the transportation characteristics of paper cups, as named in item History of Provisions The basic provisions for paper cups were adopted from the rails and first appeared in LTL-1, effective April 1, The current provisions of item were established as a result of action taken on Docket 945, Subject 8 (August 1994). That proposal canceled and consolidated items pertaining to paper cups with reference to item Information of record indicated a range in densities from 3.50 to pcf, with an average of 9.75 pcf. Also, as a result of action taken on that docket, the description was amended to include wood pulp, and the applicable class was changed from 65 to 85. That proposal was approved as modified, and the provisions first appeared in Supplement 5 to NMF 100-U, effective October 15, Subject 15, Page 1 of 3

74 SUBJECT 15 As a result of action taken on Docket 724, Subject 50 (July 1972), Note, item was established to clarify the application of item The provisions first appeared in Supplement 20 to NMF-100, effective October 19, 1973 and have remained substantially unchanged to the present. About Paper Cups The involved products are paper, pulpboard or wood pulp cups not more specifically described in the NMFC. The cups may have a plastic or wax lining1 to keep them moisture resistant and less susceptible to weakening. Examples of paper cups are shown in the photos below. Transportation Characteristics Density Information of record for paper cups includes 6,479 density figures observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study2. The products range in density from 1.43 to pcf, with an average density of 7.88 pcf. Over 77% of the figures fall between 4 and 10 pcf. Handling and Stowability Paper cups are tendered in boxes secured on lift truck skids or pallets, as shown in the picture on the right. There have been no reports of unusual or significant handling or stowability problems. Liability Paper cups 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. 1 (accessed March 2017) 2 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 15, Page 2 of 3