DOCKET JUNE 2018

Transcription

1 DOCKET JUNE 2018 A public meeting on National Motor Freight Classification provisions will be held on June 12, 2018 at: Embassy Suites Old Town Alexandria 1900 Diagonal Road Alexandria, Virginia ISSUED: May 10, 2018

2 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET On Tuesday, June 12, 2018, the Commodity Classification Standards Board (CCSB) will conduct a public meeting to consider proposals for amending the National Motor Freight Classification (NMFC ). The meeting will be held at the Embassy Suites Old Town Alexandria, 1900 Diagonal Road, Alexandria, Virginia 22314, commencing at 10:30 am Eastern Time. Section I of this docket provides the CCSB analyses for proposed amendments that will be considered at the meeting. Each analysis includes the full text of the proposal, the CCSB contact and the identity of the proponent. Section II of this docket provides notice of classification changes made necessary by law, by order of a regulatory body, or for clarification, simplification or uniformity. The symbol indicates a proposed classification change. The symbol indicates that the commodities may be subject to federal regulations concerning the shipping of hazardous materials. The symbol indicates a registered trade name or registered trademark. The symbol indicates a trademark. Public Docket Files Supporting data and other relevant information pertaining to each proposal in Section I herein are contained in a Public Docket File. The public files are available online without charge at They are organized by docket and subject numbers. Commodity Classification Standards Board ccsb@nmfta.org Chairman Joel L. Ringer Vice Chairman William F. Mascaro Member Allison L. Austin Member George M. Beck Member Daniel E. Horning Member Donald A. Newell Member Lisa K. O Donnell 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 June 12, 2018 and/or communicate that interest in writing by mail, or fax prior to the meeting. Such Interested Persons will be notified of the CCSB s disposition of the proposal. To become a Party of Record to a proposal herein, one must communicate an interest in writing by mail, or fax, and must submit pertinent information relating to the transportation characteristics of the product(s) involved, or relevant to packaging materials or methods in connection with proposed packaging amendments, and it must be received no later than 5:00 pm Eastern Time, June 1, 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, June 1, 2018, will be included in the respective public docket file and posted on our website. The CCSB s decision on each proposal will be based on the information in the public docket file. Statements and other materials received by the CCSB after 5:00 pm Eastern Time, June 1, 2018, will not be part of the public docket file. Our address is: Commodity Classification Standards Board, 1001 North Fairfax Street, Suite 600, Alexandria, Virginia 22314, and our fax number is: Written statements may also be ed to the CCSB contact involved. To schedule an appearance at the meeting, or if you require further information, please get in touch with the CCSB contact. Anyone requesting assistance in accordance with the Americans with Disabilities Act will be accommodated. The CCSB s policies and procedures as well as other information on the CCSB and the National Motor Freight Traffic Association are available online at Amendments to the National Motor Freight Classification resulting from the proposals in this docket will be published in a supplement to the NMFC, unless reconsideration is granted in accordance with the CCSB s rules. The supplement is scheduled to be issued on July 26, 2018, with an effective date of August 25, Future CCSB Dockets Docket Docket Docket Closing Date August 16, 2018 November 29, 2018 Docket Issue Date September 13, 2018 January 10, 2019 Deadline for Written Submissions and to Become a Party of Record October 4, 2018 February 1, 2019 CCSB Meeting Date October 16, 2018 February 12, 2019 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 Bagging, clayed cotton, or old grass or fiber (old tea chest or tobacco matting) Bluing, laundry... 4 Booths, telephone C Cabinets, dentists or opticians Cereals, granola Cigarettes, electronic (e-cigarettes or e-cigs) Cleaning Compounds... 4 Cloths, disposable, nonwoven fiber, impregnated with cleansing agents, disinfectants or moisturizers Cloths, in serving trays Cushions, exercise, gymnastic or jumping pit D Degreasers or Detergents... 4 Dishwashers (Dishwashing Machines), household type... 2 Drapes, disposable, paper or nonwoven cloth... 6 E Electric Logs Electric Razors Electronic Cigarettes (e-cigarettes or e-cigs) or Electronic Nicotine Delivery Systems E-Liquid or E-Juice F Fireplace Logs or Log Sets Fish Bladders (Sounds), dry G Gas Logs Gowns, patient examination, disposable, paper or nonwoven cloth... 6 Granola H Hosiery... 5 Housings, coin-operated telephone, wall-mounting, insert-type I Isinglass, not mica L Lamps (Lightbulbs)... 1 Logs or Log Sets, electric or gas-fired fireplace M Mats, exercise, gymnastic or jumping pit. 16 Mirrors, rear view... 8 Mixing Machines, food, other than household... 9 Motion Picture Film Developing or Drying Outfits, or Parts Musical Instruments N Napkins, table, cloth or fabric Nicotine Delivery Systems, electronic O Obstetrical Procedure Packs, disposable, paper or nonwoven cloth... 6 Ornamental Ironwork Oxygen, recreational P Package Package Package Packaging Self-Supporting (Rigid) Fiberglass Reinforced Plastic (FRP) Sheet... 7 Pads, exercise, gymnastic or jumping pit. 16 Pantyhose... 5 Perlite... 3 Pillowcases, disposable, paper or nonwoven cloth... 6 Playground Apparatus Page iii

5 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET INDEX OF SUBJECTS (PROPOSALS) DESCRIPTION SUBJECT DESCRIPTION SUBJECT R Razors, electric Rear View Mirrors... 8 Recreational Oxygen S Scouring Compounds... 4 Sheet, self-supporting (rigid) fiberglass reinforced plastic (FRP) Packaging... 7 Sheets, disposable, paper or nonwoven cloth... 6 Soap or Soap Powder... 4 Socks or Stockings... 5 Surgical Procedure Packs, disposable, paper or nonwoven cloth... 6 T Tablecloths, cloth or fabric Tanbark Telephone Booths Telephone Construction or Repair Outfits. 23 Telephone Set Dialing Apparatus Dust Covers Tights... 5 Tools, power, benchtop Towels, disposable, paper or nonwoven cloth... 6 Towels or Towelettes, disposable, nonwoven fiber, impregnated with cleansing agents, disinfectants or moisturizers Towels or Towelettes, in serving trays V Vermiculite... 3 W Washcloths, disposable, paper or nonwoven cloth... 6 Washing Compounds... 4 Wipes, disposable, nonwoven fiber, impregnated with cleansing agents, disinfectants or moisturizers Page iv

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7 SUBJECT 1 Re: Lightbulbs (Light Bulbs) CCSB Contact: Erin N. Topper Telephone (703) topper@nmfta.org Matthew S. Erim Telephone (703) erim@nmfta.org Ashley L. Gencarelli Telephone (703) gencarelli@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class LAMPS OR LIGHTING GROUP: subject to item Lamps (Lightbulbs), electric, high-intensity discharge (HID), including mercury vapor, metal halide or high-pressure sodium, see Note, item , in boxes Lamps (Lightbulbs), electric, incandescent, NOI; or Photo Flash Lamps (Flashbulbs); see Note, item , in boxes or Packages 256, 257, 1288 or Lamps (Lightbulbs or Tubes), electric, fluorescent, other than neon, see Note, item , in boxes or Packages 256, 257 or NOTE Applies only on the articles named which, when installed in lamps, lighting fixtures or other apparatus, function as sources of light or heat Lamps (Lightbulbs), electric, sealed beam, see Notes, items and , in boxes or Packages 1288, 2097 or NOTE Applies only when glass components are of cast construction Lamps or Lighting Fixtures, see Notes, items , , and , viz.: Lamps, artificial sunlight, heating or therapeutic; Lamps, NOI, also in Packages 794, 817, 1424, 1467, 2204 or 5F; [Other Articles Listed Not Involved.] In boxes or crates, subject to Items 170 and 171 and having a density in pounds per cubic foot of, see Note, item : Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater Subject 1, Page 1 of 10

8 SUBJECT 1 Present Classification Provisions Concluded Item Description Class NOTE One lamp (bulb) for each socket may be included in same box with lamp or lighting fixture NOTE Not Involved NOTE Not Involved NOTE Not Involved NOTE Not Involved NOTE Not Involved. WASTE MATERIALS GROUP: subject to item Waste, hazardous, other than radioactive, see Note, item ; or Regulated Medical Waste (RMW), see Note, item NOTE Applies on all articles, materials or substances, other than radioactive, subject to the laws and regulations governing the transportation of hazardous waste for disposal, storage or reclamation, including articles which because of residues, contamination or the combining of materials are subject to such laws or regulations. All hazardous waste subject to this item must be tendered in compliance with applicable laws and regulations NOTE Not Involved. Package 256 In singlewall corrugated fiberboard boxes meeting the requirements of Item 222, Secs. 2 and 3 for boxes testing not less than 125 pounds. The maximum dimensions must not exceed 60 united inches, except that top and bottom flaps may come within five inches of meeting, and boxes must be firmly glued not less than 50% of area of contact. Gross weight not to exceed 25 pounds. Proposed Classification Provisions Item Description Class LAMPS OR LIGHTING GROUP: subject to item Lamps (Lightbulbs), electric, high-intensity discharge (HID), including mercury vapor, metal halide or high-pressure sodium, etc.. Cancel; see item A-NEW Lamps (Lightbulbs), electric, incandescent, NOI; or Photo Flash Lamps (Flashbulbs); etc... Cancel; see item A-NEW Lamps (Lightbulbs or Tubes), electric, fluorescent, other than neon, etc... Cancel; see item A-NEW NOTE Cancel; see item B-NEW Lamps (Lightbulbs), electric, sealed beam, etc... Cancel; see item A-NEW Subject 1, Page 2 of 10

9 SUBJECT 1 Proposed Classification Provisions Continued Item Description Class LAMPS OR LIGHTING GROUP: subject to item NOTE Cancel; no further application Lamps or Lighting Fixtures, see Notes, items , , and , viz.: Lamps, artificial sunlight, heating or therapeutic; Lamps, NOI, also in Packages 794, 817, 1424, 1467, 2204 or 5F; [Other Articles Listed No Change.] In boxes or crates, subject to Items 170 and 171 and having a density in pounds per cubic foot of, see Note, item : 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 One lightbulb (light bulb) for each socket may be included in same box with lamp or lighting fixture NOTE No Change NOTE No Change NOTE No Change NOTE No Change NOTE No Change. A-NEW Lightbulbs (Light Bulbs), see Notes, items B-NEW and C-NEW, in boxes or Packages 257, 1161, 1288 or 2097, 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 8 or greater B-NEW NOTE Applies only on the articles named that, when installed in lamps, lighting fixtures or other apparatus, function as sources of light or heat. C-NEW NOTE Does not apply on spent or used lightbulbs (light bulbs) that are regulated as hazardous waste. For applicable provisions, see item WASTE MATERIALS GROUP: subject to item Waste, hazardous, other than radioactive, see Note, item ; or Regulated Medical Waste (RMW), see Note, item No Change NOTE No Change NOTE No Change. Subject 1, Page 3 of 10

10 SUBJECT 1 Proposed Classification Provisions Concluded Cancel; no further application. Analysis Package 256 In the interest of clarity, the products involved in this proposal are referred to as light bulbs. Research Project 1318 and Background of Proposal Docket , Subject 2 (September 2017) was a proposal to amend the current class 100 for fluorescent light bulbs, as named in item , to class 175, as well as to establish a Note to clarify that the item also applies on compact fluorescent lamps (CFLs). However, based on statements submitted by the industry and discussion during the CCSB s public meeting on September 12, 2017, the proposal was withdrawn and Research Project 1318 was established on fluorescent as well as LED light bulbs. During the course of research, the project was expanded to investigate the transportation characteristics of all light bulbs. As shown in the present provisions herein, items , , and name different types of light bulbs. Item is the general catch-all item for lamps or lighting fixtures not more specifically described in the NMFC. It is the CCSB s opinion that LED light bulbs are currently classified in item , as they are not more specifically named elsewhere. Information developed through the project has revealed a number of interpretation issues in connection with the involved provisions. Carriers may have difficulty identifying the type of light bulb being shipped. A review of the data of record also shows that many shipments have been the subject of misclassification due to the different NMFC items that apply on light bulbs. Some shippers use the same NMFC item number or generic product description (e.g. light bulbs) on their bills of lading and other shipping papers, regardless of the type of light bulbs being shipped. In addition, different types of light bulbs are frequently shipped together on a single lift truck skid or pallet, making it difficult to determine the correct item that applies. Furthermore, information provided by the industry indicates that waste light bulbs, i.e. spent light bulbs, may be packaged differently than new light bulbs, often without interior packaging materials, and as a result their densities may differ. Waste light bulbs may also be subject to federal, state or local hazardous materials regulations 1 and, as such, should be classified in item , Waste, hazardous, other than radioactive, which according to Note, item , Applies on all articles, materials or substances, other than radioactive, 1 US Department of Transportation (49 CFR (c)(3)), which discusses shipping containers and protective measures for sealing and transporting lamps [light bulbs]. In addition, the EPA hazardous waste regulations, found at 40 CFR parts for Hazardous Wastes, and 40 CFR Part 273 Subpart D - Standards for Universal Waste Transporters cover lamps [light bulbs] that are regulated as Universal Wastes also specify proper packaging, spill mitigation, leak controls and the associated paperwork (either the Uniform Hazardous Waste Manifest or the Bill of Lading) to accompany shipments of waste lamps [light bulbs]. All states have their own version of these requirements. (ALMR statement received March 31, 2018) Subject 1, Page 4 of 10

11 SUBJECT 1 subject to the laws and regulations governing the transportation of hazardous waste for disposal, storage or reclamation, including articles which because of residues, contamination or the combining of materials are subject to such laws or regulations. All hazardous waste subject to this item must be tendered in compliance with applicable laws and regulations. If applicable, this item takes precedence over other provisions in the NMFC. Item has a 0 class, which, as defined in NMFC Item (Rule) 420, Sec. 3, means that such articles are subject to the rates and regulations of individual carriers. History of Provisions Item was established at the current class 175 as a result of action taken on Docket , Subject 2 (November 2006) and first appeared in Supplement 1 to NMF 100- AG, effective January 27, The provisions have remained unchanged to the present. The basic provisions for incandescent light bulbs, as named in item , were adopted from the rails and first appeared in LTL-1, effective April 1, As a result of action taken on Docket 76, Subject 77 (October 1956), the provisions were amended to include photo flash bulbs and to adjust the class to the current 150. The changes first appeared in Supplement 14 to NMFC A-3, effective June 6, The addition of NOI to the description was a result of action taken on Docket 92, Subject 4 (January 1960) and first appeared in NMFC A-5, effective September 22, Other than packaging and minor descriptive amendments, the provisions have remained substantially unchanged to the present. Provisions for fluorescent light bulbs, as described in item , first appeared in Supplement 12 to NMFC No. 4, effective October 10, 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, With the exception of packaging and minor descriptive amendments, the provisions have remained substantially unchanged to the present. The provisions of item , including Note, item , were established as a result of action taken on Docket 115, Subject 28 (September 1964) for sealed beam light bulbs, other than automobile. The provisions first appeared in Supplement 4 to NMFC A-8, effective July 13, As a result of action taken on Docket , Subject 6 (June 2009), the provisions of item were amended to remove the modifier other than automobile sealed beam [light bulbs] and to include Packages 1288, 2097 and 2191 as alternate forms of packaging, with no class change. The changes first appeared in Supplement 3 to NMF 100-AI, effective August 22, The current class 125 was established as a result of action taken on Docket , Subject 12 (January 2017). That change first appeared in Supplement 1 to NMF 100- AQ, effective April 15, The provisions have remained unchanged to the present. Subject 1, Page 5 of 10

12 SUBJECT 1 About Light Bulbs Light bulbs, when inserted into an electric lamp or lighting fixture socket, are sources of light or heat. There are a variety of light bulbs available today. Examples of the involved light bulbs are shown below. As previously discussed, light bulbs may be shipped new or used (spent). Spent light bulbs are typically transported for recycling, and some are regulated as hazardous waste. The record includes information on both new and spent light bulbs. Incandescent Halogen Straight Fluorescent Tube LED Edison Circular Fluorescent Tube HID Sealed Beam CFL Subject 1, Page 6 of 10

13 SUBJECT 1 Transportation Characteristics Density The information of record for light bulbs includes 19,989 density observations submitted by shippers and carriers, collected during CCSB dock surveys and obtained from the CCSB s Density Study 2. The densities range from 0.38 to pcf, with an overall average of 7.21 pcf. When the data is evaluated based on the proposed density breaks at 6 and 8 pcf, to reflect the distribution of the data of record, the ranges and averages in the table below emerge. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater Handling Light bulbs are generally tendered in boxes, which may or may not be secured on lift truck skids or pallets. Due to the inherent fragility of these products, extra care and attention in handling is necessary if damage is to be avoided. A shipper, referring to fluorescent light bulbs, stated that handling units are consistently labelled with precautionary markings or shipper instructions, such as Fragile and Handle With Care. In this same regard, another shipper stated that the product is fragile and needs to be handled with care. Other types of light bulbs have the same or similar markings or instructions. For instance, the shipment of LED light bulbs in the photo on the right, which was observed on a CCSB dock survey, was marked Fragile, Handle with Care and Keep Dry, and had directional arrows as well. Even spent light bulbs destined for recycling have been observed by CCSB members and staff with these markings and instructions, such as in the photo on the left. 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 1, Page 7 of 10

14 SUBJECT 1 Stowability Due to the fragile nature of the articles, carriers must ensure that only compatible freight is stowed adjacent to or on top of handling units of light bulbs. While one shipper has indicated that light bulbs can be stacked on themselves, another shipper, in acknowledging the fragility of these products, stated that shipments are frequently marked Do Not Stack. Moreover, CCSB members and staff have observed firsthand shipments marked Do Not Stack or Do Not Top Load, or having do-not-stack cones. For example, the photo on the left shows a shipment observed on a CCSB dock survey of LED light bulbs with tape across the stretch-wrapped handling unit labeled do not top load 3. Further, the configuration of some handling units, such as the one on the right, makes it impossible to stack freight on top. Light bulbs tendered in boxes not unitized on lift truck skids or pallets present additional stowing concerns. Information in the CCSB s files indicates that at least one shipper instructs its carriers to adequately secure individual boxes in the vehicle to prevent them from shifting or falling during transportation, which can result in damage. These negative stowing characteristics apply to both new and spent light bulbs. The aforementioned stowability issues result in increased time and effort on the part of the carrier to properly structure the load, including the use of load decks and/or dunnage, to minimize the potential for damage and efficiently use the available vehicle space. Liability Light bulbs are not perishable and there is no indication that they are unusually susceptible to theft. As previously discussed, light bulbs are inherently fragile and susceptible to damage, and as a consequence extra care and attention must be taken in handling and stowing these products, as evidenced by the frequent display of precautionary markings or shipper instructions. This is true even for spent light bulbs being shipped for recycling. One carrier reported that it paid out approximately $26,000 in claims in 2017 for a single shipper of light bulbs, with only a few of the claims being for shortage. A second carrier paid out over $700 for six claims last year. A third carrier reported no claims for items and , and claims ratios of 0.39% and 0.43% for light bulbs moving under items and , respectively. Responding shippers indicated no damage claims for spent light bulbs, while shippers of new light bulbs reported four to 36 claims per year. The value per pound ranges from $3.07 to $24.40 for new light bulbs, with an average of $10.53 per pound. Package 256 provides an exception to Item (Rule) 222 and states bottom flaps may come within five inches of meeting, and boxes must be firmly glued not less than 50% of area of contact. This method of packaging would not be sufficient to protect light bulbs in today s LTL environment. Package 2191 specifies interlocking molded or formed high density polyethylene (HDPE) trays. There is no information to indicate this package is still being utilized for, or would sufficiently protect, light bulbs in today s LTL environment. 3 The photo also speaks to the misclassification of light bulbs. The bill of lading for that particular shipment showed that the light bulbs were moving as fluorescent light bulbs per item ; however, the model number on the packaging revealed that they were in fact LED light bulbs. Subject 1, Page 8 of 10

15 SUBJECT 1 Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to be as clear as possible to help preclude interpretation disputes and also calls for combining descriptions for related commodities. As discussed in this proposal, there are a number of interpretation issues related to the various NMFC provisions that apply on light bulbs. As such, to mitigate these interpretation issues, this proposal, in keeping with CCSB policy, would cancel the provisions of items , , and with reference to a new item, naming Lightbulbs (Light Bulbs). The word Lamps is not being retained in the new item due to potential interpretation issues between light bulbs and articles such as electric table lamps and electric floor lamps. CCSB policy also calls for classification provisions to reflect a commodity s known transportation characteristics. The information of record indicates that light bulbs range in density from 0.38 to pcf, with an overall average of 7.21 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, 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, regardless of whether the light bulbs are new or used (spent). This proposal would establish provisions based on density intervals of less than 6 pcf, 6 but less than 8 pcf, and 8 pcf or greater 4. Due to the identified negative handling, stowability and liability issues, a one-class adjustment is proposed, as shown in the table below. Density Group (pcf) Average Density (pcf) Class Based on CCSB Density Guidelines Class Adjustment Based on Handling, Stowing and Liability Considerations Less than but less than or greater Note, item would be canceled with reference to a new Note attendant to the new item. Another new Note would be referenced by the new item to clarify that the item does not apply on spent or used light bulbs that are regulated as hazardous waste and would direct the Classification user to item for such provisions. Note, item and Package 256 would be canceled as having no further application. Reference to Package 2191 would be removed. 4 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 1, Page 9 of 10

16 SUBJECT 1 Precedent for this approach can be found in Docket , Subject 2 (May 2017), involving automobile or boat glass, including windshields or windshield glass. In that instance, multiple provisions were canceled and a new item was established for the involved products. The provisions established in the new item were based on two density breaks at 4 and 8 pcf where the articles were assigned classes representing a one-class adjustment from the CCSB s guidelines to reflect the negative impact of handling, stowability and liability factors. That proposal was approved as docketed, and the provisions first appeared in Supplement 2 to NMF 100-AQ, effective August 5, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. Subject 1, Page 10 of 10

17 SUBJECT 2 Re: Dishwashers, household type Item CCSB Contact: William F. Mascaro Telephone (703) mascaro@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item Dishwashing Machines (Dishwashers), NOI, or Dishwashing Machines (Dishwashers) and Sink Cabinets, with or without sinks, combined, household, in boxes, crates or Packages 107, 216, 1019, 1082 or Proposed Classification Provisions Item Description Class MACHINERY GROUP: subject to item Dishwashers (Dishwashing Machines), household type, in boxes, crates or Packages 107, 216, 1019, 1082 or Analysis Research Project 1190 This proposal is based on the information developed through Research Project 1190, which was initiated in August of 2013 to investigate the transportation characteristics of dishwashers, as named in items and A proposal, designated as Docket , Subject 4 (January 2015), sought to cancel the provisions of item with reference to item , applying on other-thanhousehold-type dishwashers. Concurrently, the proposal sought to amend item to apply on all types of dishwashers and to provide classes predicated on packaging and density. That proposal was ultimately withdrawn after the CCSB voted to defer disposition to the June 2015 meeting. Subsequently, a proposal was docketed by a third party logistics company on behalf of a shipper of dishwashers to amend item to provide classes predicated on packaging and density 1. That proposal, designated as Subject 1 of Docket (January 2016), was approved as modified, and the changes first appeared in Supplement 1 to NMF 100-AP, effective April 16, Following this action, the CCSB continued Research Project 1190 to develop additional information on dishwashers. This proposal addresses household-type dishwashers, as provided for in item No changes were proposed to item Subject 2, Page 1 of 3

18 SUBJECT 2 History of Provisions Provisions for dishwashing machines were adopted from the rail classification and first appeared in LTL-1, effective April 1, 1936 at a rating equivalent to class 100. The current provisions of item were established as a result of action taken on Docket 69, Subject 69 (June 1955), and first appeared in Supplement 1 to NMFC A-3, effective June 21, The provisions of item have remained substantially unchanged to the present. About Household Dishwashers The information of record encompasses dishwashers intended to be utilized in a household setting. Today, such dishwashers are generally of comparable size and shape to one another and are typically constructed of a combination of materials. Examples are shown below. No information was developed on household dishwashers and sink cabinets, with or without sinks, combined, and it is believed that this commodity is obsolete. Transportation Characteristics Density The information of record includes 1,690 density observations submitted by carriers, observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study 2. The densities range from 1.03 to pcf, with an average of 5.75 pcf. Over 79% of the density observations are between 2 and 8 pcf. 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 2 of 3

19 SUBJECT 2 Handling and Stowability Household dishwashers are generally tendered for shipment in fiberboard boxes that may be palletized. Shipments have also been observed tendered palletized with a fiberboard top cap, a foam base and foam corner posts with plastic film wrapped around the entire unit 3. It is also noted that, as with most large household appliances, handling units may include shipper instructions or precautionary markings, such as directional arrows for proper stowing, stacking limits, and labels indicating how to move the handling unit during normal cross-dock operations. However, there have been no reports of any unusual or significant handling or stowability problems. Liability Household dishwashers are not perishable, hazardous in nature, unusually susceptible to theft, and would not appear likely to damage other freight. Like other large household appliances, some care and attention should be given to avoid damage; however, no unusual or significant claims issues were identified. One carrier reported a claims ratio of 0.32%. No information was obtained with regard to the value per pound of household dishwashers. 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 for household-type dishwashers shows a range in density from 1.03 to pcf, with an average density of 5.75 pcf, and a predominate concentration of density figures within a narrow range around the overall average. Although some care and attention may be necessary when transporting these commodities, no unusual or significant negative handling, stowability or liability considerations have been identified. Under CCSB guidelines, an average density of 5.75 pcf is generally associated with class 175, which calls for a minimum average density of 5 pcf. Accordingly, this proposal would assign class 175 to item In keeping with CCSB policy, this proposal would also amend the description of item to read Dishwashers (Dishwashing Machines), household type, removing the reference to Dishwashing Machines (Dishwashers) and Sink Cabinets, with or without sinks, combined, which is believed to be obsolete. Precedent for this approach can be found in Docket , Subject 12 (May 2016) involving item for fish hooks. No significant handling, stowability or liability concerns were reported, and, as such, density was determined to be the primary transportation characteristic. Fish hooks exhibited a range in density from 1.09 to pcf, with a significant concentration of density observations over 82% clustered around the overall average density of 5.44 pcf. Based on the information of record, and in keeping with CCSB guidelines, that proposal was approved as docketed, assigning class 175, and the change 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 policies and precedent. 3 While shipments have been observed tendered in this manner, neither the present nor the proposed provisions authorize this packaging. Subject 2, Page 3 of 3

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21 SUBJECT 3 Re: Perlite or Vermiculite CCSB Contact: Lisa K. O Donnell Telephone (703) odonnell@nmfta.org Proponent: The Strong Company, Inc., Pine Bluff, Arkansas Present Classification Provisions Item Description Class CLAY GROUP: subject to item Vermiculite, crude (Vermiculite Ore) or other than crude, in bags, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 10 or greater Perlite, other than crude, in bags, 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 Proposed Classification Provisions Item Description Class CLAY GROUP: subject to item NEW Perlite or Vermiculite, in bags, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater Subject 3, Page 1 of 4

22 SUBJECT 3 Proposed Classification Provisions Concluded Item Description Class CLAY GROUP: subject to item Vermiculite, crude (Vermiculite Ore) or other than crude, etc... Cancel; see item NEW Perlite, other than crude, etc... Cancel; see item NEW Analysis This proposal was submitted by The Strong Company, Inc., to combine the provisions for perlite with those of vermiculite in a new item under the Clay Group, with full-scale, densitybased classes. The proponent likens the properties of vermiculite to those of perlite, which is classified in the full-scale, density-based provisions of item The proponent states, vermiculite and perlite are both ores with very similar physical properties, uses and packaging. Although they are two separate and distinct commodities with a different base material, both share the same transportation characteristics. The proponent indicates that the recent classification changes to the provisions for vermiculite have created a competitive disadvantage. The CCSB cannot consider the potential economic impact of a classification change; rather, the CCSB must solely consider the four transportation characteristics of density, handling, stowability and liability 1. History of Provisions Provisions for vermiculite, crude and other than crude, were adopted from the rails in The current provisions were established as a result of action taken on Docket , Subject 13 (January 2017). In that proposal, the CCSB combined separate provisions for vermiculite, crude and vermiculite, other than crude, into new item and established class 150 for vermiculite with densities of less than 10 pcf and class 70 for vermiculite with densities of 10 pcf or greater. No unusual or significant handling, stowability or liability concerns were identified. That proposal was approved as docketed, and the provisions first appeared in Supplement 1 to NMF 100-AQ, effective April 15, The provisions have remained unchanged to the present. Provisions for perlite first appeared in Supplement 4 to NMFC No. 8, effective May 13, 1946 to remain competitive with the rail classification. Density-based provisions for perlite were established as a result of action taken on Docket 878, Subject 4 (December 1987). Item , naming perlite, other than crude, was amended to provide density-based classes with the then-standard nine-subprovision progression ranging from class 400 for densities of less than 1 pcf to class 70 for densities of 15 pcf or greater. Information of record showed densities ranging from 2.43 to pcf, with no unusual or significant handling, stowing or liability issues. That proposal was approved as docketed, and the changes first appeared in Supplement 9 to 1 In a subsequent telephone conversation, a CCSB member explained to the proponent that the CCSB cannot consider the potential economic impact of a classification change. Subject 3, Page 2 of 4

23 SUBJECT 3 NMF 100-N, effective February 20, As a result of action taken on Docket , Subject 16 (May 2017), the current 11-subprovision progression ranging from class 400 for densities of less than 1 pcf to class 60 for densities of 30 pcf or greater was established. The changes first appeared in Supplement 2 to NMF 100-AQ, effective August 5, About Perlite and Vermiculite Vermiculite ore and perlite ore are inorganic minerals mined from the earth. When crushed, the powder form of these minerals may be used in a variety of applications, including as a component in insulation materials or as a filler in coatings. When heated, the water embedded in both of the minerals expands to form steam. The pressure of this steam evolution enlarges the materials seven to 30 times the original thickness. Expanded vermiculite is a soft, spongy material; expanded perlite is a hard, highly porous material. Both are used in industrial, horticultural and construction applications 3. Vermiculite, crude (Vermiculite Ore) Vermiculite, other than crude (Expanded Vermiculite) Perlite, crude (Perlite Ore) Perlite, other than crude (Expanded Perlite) Transportation Characteristics Density The degree of processing and manner of packaging can affect the density of perlite and vermiculite. The proponent provided one density figure of 8.80 pcf for its vermiculite shipped in bags on lift truck skids or pallets. Additional information was obtained from the CCSB s Density Study 4. Combined, the information of record shows that 782 observations of perlite and vermiculite have a density range from 1.48 to pcf, with an average density of 8.21 pcf. 2 The provisions for perlite rock, crude, not further processed than broken, crushed or ground, were canceled as obsolete as a result of action taken on Docket 916, Subject 1 (September 1991). The change first appeared in Supplement 5 to NMF 100-R, effective November 9, See and (accessed April 2018). 4 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 3, Page 3 of 4

24 SUBJECT 3 Handling and Stowability Information of record indicates that the involved materials are generally shipped in bags unitized on lift truck skids or pallets 5 or in flexible intermediate bulk containers (FIBCs). The proponent ships vermiculite in bags, stretch-wrapped to a lift truck skid or pallet. The photo to the right shows perlite in FIBCs. There have been no reports of unusual or significant handling or stowability problems. Liability Perlite and vermiculite are not unusually susceptible to theft, are not perishable, unusually liable to damage, nor do they appear likely to damage other freight. Perlite and vermiculite are not subject to regulations regarding the transportation of hazardous materials. There are no indications of claims problems. The proponent, who states they represent 10 to 20 percent of the market for vermiculite, indicates a value of $0.53 per pound for their vermiculite. Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. The information of record on perlite and vermiculite shows that they have a density range from 1.48 to pcf, with an average density of 8.21 pcf, and no unusual handling, stowability or liability characteristics. This proposal would combine the provisions for perlite with those of vermiculite in a new item under the Clay Group, and would establish the CCSB s standard 11-subprovision density progression ranging from class 400 for densities of less than 1 pcf to class 60 for densities of 30 pcf or greater 6. CCSB policy calls for providing uniformity in provisions addressing the same or similar circumstances published in conjunction with different items. The proponent for the proposed change states that vermiculite is similar to perlite, which is currently assigned fullscale, density-based provisions. The information of record does indicate that vermiculite has similar transportation characteristics to those of perlite. 5 Item (Rule) 680, Sec. 7(b)(2) provides additional packaging requirements for bags tendered on lift truck skids or pallets. These requirements do not apply on articles in flexible intermediate bulk containers (FIBCs), including bulk bags. 6 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 3, Page 4 of 4

25 SUBJECT 4 Re: Cleaning, Scouring or Washing Compounds, including Soap or Soap Powder, or Laundry Bluing CCSB Contact: Erin N. Topper Telephone (703) topper@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class Bluing, laundry, combined with soap or combined with cleaning, washing or water softening compounds, dry, see Note, item 24332, in boxes or drums NOTE Applies on compounds containing in excess of 1 percent bluing or whitening agent Bluing, laundry, NOI, in boxes or drums: Sub 1 Dry, see item for class dependent upon agreed or released value Sub 2 Liquid Cleaning, Scouring or Washing Compounds, NOI; or Soap, NOI; liquid, other than toxic or corrosive materials; see Notes, items 48582, and 48584: Sub 1 In carboys other than plastic carboys Sub 2 In plastic carboys Sub 3 In boxes, drums, pails or Packages 602, 1333, 2039, 2213, 2289, 2309, 2341, 2355, 2387, 2393, 2399, 2440, 2463, 2467, 2473, 2478, 2479, 2499, 2500, 2521, 2526, 2528 or Cleaning, Scouring or Washing Compounds, NOI; or Soap; other than liquid; or Soap Powder; other than toxic or corrosive materials; see Notes, items and 48584; in bags, boxes, drums, pails or Packages 2039, 2189, 2309, 2398, 2410 or 2473; or wrapped in fiberboard, only when in solid mass NOTE One hand applicator may be included in the same shipping container for each inner container, or one dipping basket only may be included in each drum or pail. Weight of hand applicators or dipping baskets must not exceed 10 percent of the weight upon which charges are assessed NOTE Does not apply on hand soap in freestanding bottles or containers with integral pump. For applicable provisions, see item NOTE Soap or compounds may contain not to exceed one percent bluing or whitening agent. DRUGS, MEDICINES OR TOILET PREPARATIONS: subject to item Soap, hand, in pump dispensing unit, see Note, item 59364, in boxes NOTE Applies only on hand soap contained in freestanding bottle or container with integral pump. Does not apply on bathroom or lavatory fixtures. Subject 4, Page 1 of 6

26 SUBJECT 4 Proposed Classification Provisions Item Description Class Bluing, laundry, combined with soap or combined with cleaning, washing or water softening compounds, dry, etc... Cancel; see item NOTE Cancel; no further application Bluing, laundry, NOI, etc... Cancel; see item Cleaning, Scouring or Washing Compounds, not regulated by the U.S. Department of Transportation as hazardous materials, see Notes, items and NEW, viz.: Bluing, laundry; Cleaning, Scouring or Washing Compounds, NOI; Degreasers; Detergents; Soap, liquid or other than liquid, including Soap Powder, NOI; In bags, boxes, drums, pails, intermediate bulk containers (IBCs) or Packages 602, 1333, 2039, 2189, 2213, 2289, 2309, 2341, 2355, 2387, 2393, 2398, 2399, 2410, 2440, 2463, 2467, 2473, 2478, 2479, 2499, 2500, 2521, 2526, 2528 or Cleaning, Scouring or Washing Compounds, NOI; or Soap; other than liquid; or Soap Powder; other than toxic or corrosive materials, etc... Cancel; see item and provisions otherwise applicable NOTE Cancel; no further application NOTE Does not apply on hand soap in freestanding bottles or containers with integral pump. For applicable provisions, see item NOTE Cancel; no further application. NEW NOTE Does not apply on materials regulated by the U.S. Department of Transportation as hazardous and required to bear a notice to that effect on bills of lading and packaging. For classes applicable to hazardous materials, see provisions elsewhere in this Classification. DRUGS, MEDICINES OR TOILET PREPARATIONS: subject to item Soap, hand, in pump dispensing unit, see Note, item 59364, in boxes, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 15 or greater NOTE No Change. Subject 4, Page 2 of 6

27 SUBJECT 4 Analysis Research Project 1277 This proposal is based on the information developed during Research Project 1277, which was initiated in May 2016 in response to reports of densities inconsistent with the currently assigned classes in items 48580, and During the course of research, related provisions for laundry bluing, as named in items and 24350, were found and are also included in this proposal. Hereinafter, the involved products will be referred to as cleaning compounds or soap. History of Provisions Provisions for cleaning compounds or soap, as currently named in items and 48581, have been in the NMFC since its inception in Since that time, there have been class adjustments, descriptive changes, packaging additions or updates and the addition of explanatory or clarifying Notes. Item and Note, item were established as a result of action taken on Docket , Subject 5 (February 2001). Information from that record indicates a density range from to 42 pcf, with an average density of pcf. No handling, stowability or liability concerns were identified, and class 60 was assigned based on the average density. The provisions first appeared in Supplement 3 to NMF 100-AA, effective April 28, Item first appeared in Supplement 13 to NMFC No. 8, effective May 10, The current class 55 and description first appeared in Supplement 16 to NMFC A-1, effective October 15, As a result of action taken on Docket 58, Subject 76 (April 1953), Note, item was established and first appeared in Supplement 14 to NMFC A-2, effective October 18, Item was adopted from the rails in Sub 1 was adopted at a rating equivalent to the current class 85, and the current class 60 in sub 2 was established as a result of action taken on Special Docket No. 1 (issued July 20, 1949). This change first appeared in NMFC A-1, effective July 10, The provisions have remained substantially unchanged to the present 1. About Cleaning Compounds or Soap The involved items apply on a variety of products used to clean or wash people, laundry, dishes, surfaces and many other objects. They may be liquid, granular or in solid form. The involved items do not apply on toxic or corrosive cleaning compounds or soap, but some cleaning compounds or soap are regulated as hazardous materials by the Department of Transportation (DOT). However, the information of record has been limited to cleaning compounds or soap not regulated by the DOT. 1 Other than the subsequent reference to item in sub 1 of item Subject 4, Page 3 of 6

28 SUBJECT 4 Transportation Characteristics Density Overall, the information of record includes 193,846 observations submitted by carriers, observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study 2. The table below shows the density ranges, averages and concentrations of density observations for items 24330, 24350, and Shipments moving under these items have an overall range in density from 0.85 to pcf, with an overall average density of pcf. In total, almost 77% of the figures are 15 pcf or greater. Item Density Range (pcf) Average Density (pcf) Preponderance of Density Figures Over 74% are 15 pcf or greater Almost 95% are 15 pcf or greater Almost 77% are 15 pcf or greater Almost 77% are 15 pcf or greater Shipments moving under item range in density from 2.93 to pcf, with an overall average of pcf. When the data is divided into density groups of less than 15 pcf, and 15 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 or greater Handling The involved articles are tendered in various types of packaging, such as boxes secured on lift truck skids or pallets, drums or pails secured on lift truck skids or pallets, or intermediate bulk containers (IBCs). Due to the nature of these products, especially liquid cleaning compounds or soap, extra care and attention may be necessary during handling. However, there are no indications of unusual or significant handling problems. 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 4, Page 4 of 6

29 SUBJECT 4 Stowability Handling units of cleaning compounds or soap will generally provide a flat load-bearing surface for top freight and lateral support for adjacent freight. Care and attention may be necessary so as to avoid potential contamination of freight, i.e. food, coloaded with cleaning compounds or soap. However, there is no indication of significant stowability concerns. Liability The involved cleaning compounds or soap are not perishable, unusually susceptible to theft and are not hazardous in nature. If the packaging gets damaged and product is released, freight coloaded with liquid cleaning compounds or soap, as well as carrier equipment, may be damaged; however, there is no indication that these products are unusually susceptible to damage. One carrier reported 2017 claims ratios of 0.04% and 0.05% for items and 48581, respectively, and no claims for items 24330, and Another carrier reported five claims for damage and seven claims for loss in No information on the value per pound of cleaning compounds or soap was obtained. Relationship to CCSB Policies and Guidelines CCSB policies call for combining descriptions embracing related commodities. Items 24330, 24350, and apply on various types of cleaning compounds or soap with the current distinctions being liquid or other than liquid. Based on the information of record, this distinction does not have a significant effect on the products transportation characteristics. Therefore, it would be in keeping with CCSB policies to cancel items 24330, and with reference to item Concurrently, item would be amended to provide a viz. listing for cleaning compounds or soap that are to be classified in the item and to restrict the item s application to non-hazardous materials. A new Note would be added to direct the Classification user to other applicable items in the NMFC for hazardous cleaning compounds or soap. CCSB policy also calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Based on the information of record, there have been no significant negative handling, stowability or liability considerations identified when analyzing the transportability of the involved cleaning compounds or soap. Therefore, per CCSB policy, density is the governing characteristic in the assignment of classes. When the information of record on products reportedly moving under items 24330, 24350, and is evaluated, the densities range from 0.85 to pcf, with an average density of pcf. Almost 77% of the figures are 15 pcf or greater. Based on CCSB guidelines, this proposal would assign class 70, which calls for a minimum average density of 15 pcf, to item Concurrently, the minimum packaging requirements would be updated to reflect current practices. Notes, items and would be canceled as having no further application. Subject 4, Page 5 of 6

30 SUBJECT 4 A similar approach was taken on Docket , Subject 3 (September 2015), involving ice cream freezers (ice cream makers). No significant handling, stowability or liability concerns were reported and, as such, density was determined to be the primary transportation characteristic. As with cleaning compounds or soap, ice cream freezers exhibited a wide range of densities 2.49 to pcf with a significant concentration of density observations over 77% clustered around the overall average density of pcf. Based on the information of record, and in keeping with CCSB guidelines, that proposal was approved as docketed, assigning class 77.5, and the provisions first appeared in Supplement 5 to NMF 100-AO, effective December 19, When the data for products reportedly moving under item is evaluated, the density ranges from 2.93 to pcf, with an overall average of pcf, and the densities are shown to be more widely distributed throughout the range. When commodities exhibit a range in density not accurately represented by a single class, CCSB policy states that densitybased provisions may be established. As shown in the table below, the data can be divided into two density groupings of less than 15 pcf, and 15 pcf or greater, with classes reflective of the average density of each respective grouping. Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Less than or greater It would be within CCSB policy and precedent to amend item to provide classes predicated on density, with a single density break at 15 pcf 3. A similar approach was taken on Docket , Subject 8 (September 2017), involving item for chewing gum. No significant handling, stowability or liability concerns were reported, and, as such, density was determined to be the primary transportation characteristic. While the densities were distributed throughout the range of 3.70 to pcf, a single density break at 15 pcf was proposed to provide a more accurate reflection of the identified range in density. That proposal was approved as docketed, and the provisions first appeared in Supplement 4 to NMF 100-AQ, effective November 25, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. 3 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 4, Page 6 of 6

31 SUBJECT 5 Re: Hosiery, including Pantyhose, Socks or Stockings Item CCSB Contact: Allison L. Austin Telephone (703) austin@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CLOTHING GROUP: subject to item Hosiery, viz.: Hosiery, NOI; Pantyhose; Socks; Stockings; Sub 1 In or on store display racks or stands, in boxes; or in boxes that serve as store display racks or stands; subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 6 or greater Sub 4 In bales or boxes other than as set forth in sub Proposed Classification Provisions Item Description Class CLOTHING GROUP: subject to item Hosiery, viz.: Hosiery, NOI; Pantyhose; Socks; Stockings; Tights; In boxes, see Note, item NEW, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 6 or greater NEW NOTE Also applies when hosiery is shipped in or on point-of-purchase display racks or stands, in boxes, or in boxes that serve as point-of-purchase display racks or stands. Subject 5, Page 1 of 4

32 SUBJECT 5 Analysis Research Project 1300 This proposal is based on the information developed through Research Project 1300, which was initiated in January 2017 to investigate the transportation characteristics of hosiery, as embraced by item History of Provisions Provisions for hosiery in bales or boxes were adopted from the rails and first appeared in LTL-1, effective April 1, 1936, at a rating equivalent to class 100. As a result of action taken on Docket 733, Subject 39 (May 1973), separate provisions were established to provide for hosiery in or on store display racks or stands, or in boxes that serve as store display racks or stands. To address identified variances in density associated with this packaging, class 150 was assigned to those products having a density of less than 6 pcf. All other involved commodities would remain at class 100. The provisions first appeared in Supplement 13 to NMF 100-A, effective October 11, Subsequently, as a result of action taken on Docket 804, Subject 28 (May 1980), the provisions were amended, in the interest of clarification, to include a subprovision for those display rack shipments having a density of 6 pcf or greater, at class 100. The changes first appeared in Supplement 9 to NMF 100-G, effective October 11, As a result of action taken on Docket , Subject 2 (February 2001), the separate items were consolidated, and the current description and structure of item was established. The changes first appeared in Supplement 3 to NMF 100-AA, effective April 28, 2001, and the provisions have remained unchanged to the present. About Hosiery This proposal encompasses various leg and foot coverings, including pantyhose, socks and stockings, which may provide partial or whole coverage depending on the intended use. Examples of some of the involved products are shown below and on the following page. Tights another type of hosiery function similarly to pantyhose but are generally constructed using thicker materials. Subject 5, Page 2 of 4

33 SUBJECT 5 Transportation Characteristics Density Information of record for hosiery includes 22,414 density observations submitted by carriers, collected during CCSB dock surveys and obtained from the CCSB s Density Study 1. The products range in density from 0.50 to pcf, with an overall average density of 6.18 pcf. The data indicates that, regardless of current packaging distinctions, the involved products possess similar variances in density. Therefore, when all of the data is evaluated based on the current density break at 6 pcf, the following ranges and averages are found. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than or greater Handling and Stowability Hosiery is generally tendered in fiberboard boxes secured on lift truck skids or pallets. Within the boxes, the articles may be in or on point-of-purchase display racks or stands, or the boxes may serve as point-of-purchase display racks or stands. There have been no reports of unusual or significant handling or stowability problems. Liability Hosiery is not perishable, unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor does it appear likely to damage other freight. Responding carriers did not report any claims on the involved commodities. No information was obtained on the value per pound of hosiery. Relationship to CCSB Policies and Guidelines CCSB policies call for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Information of record for hosiery indicates that these products have a density range from 0.50 to pcf, with an overall average density of 6.18 pcf, and no unusual or significant handling, stowability or liability characteristics. Per CCSB density guidelines, an average density of 6.18 pcf is generally associated with class 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 3 of 4

34 SUBJECT 5 150, which calls for a minimum average density of 6 pcf. However, CCSB policies further state that when commodities exhibit a wide density range, density-based classes may be established. Currently, those products tendered in or on display racks or stands, or in boxes that serve as display racks or stands, are subject to a density break at 6 pcf. However, the data shows that those products not so tendered possess similar density variances. As such, the designations based on packaging do not appear to be reflective of the transportation characteristics of the involved products. Therefore, under this proposal, this distinction would be removed. The table below shows the results of an evaluation of all the data of record based on the current density break at 6 pcf 2. As shown in the table, the proposed class assignments would reflect the average density of each respective grouping. Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Less than or greater Precedent for this approach can be found in Docket , Subject 9 (September 2015), involving chemical, decomposing, earth or incinerating type toilets. No significant handling, stowability or liability concerns were reported and, as such, density was determined to be the primary transportation characteristic. While the densities were distributed throughout the range of 1.56 to pcf, a single density break at 6 pcf was proposed to provide a more accurate representation of the identified range in density. That proposal was approved as docketed, and the provisions first appeared in Supplement 5 to NMF 100-AO, effective December 19, In the interest of clarification, item would be further amended by the addition of a specific listing for Tights. A new Note would be established and referenced by item to clarify that the provisions also apply when hosiery is shipped in or on point-of-purchase display racks or stands, in boxes, or in boxes that serve as point-of-purchase display racks or stands. Additionally, there is no indication hosiery is currently being tendered in bales. Thus, the packaging reference would be removed. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. 2 The density provisions include reference to Item (Rule) 170, the inadvertence clause. Subject 5, Page 4 of 4

35 SUBJECT 6 Re: Drapes, Sheets, Pillowcases, Towels, Washcloths or Patient Examination Gowns, and Surgical or Obstetrical Procedure Packs, disposable, paper or nonwoven cloth Items and CCSB Contact: Larissa A. Franklin Telephone (703) franklin@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CLOTHING GROUP: subject to item Clothing, see Notes, items and 49885, etc... Not Involved NOTE Not Involved NOTE Applies on clothing whether new or used but does not apply on: Disposable clothing produced from paper or nonwoven cloth, with or without reinforcement of mesh, yarn, strand or plastic film, see items 49795, 56530, and 56834; Fur or animal hide clothing or clothing lined with fur or animal hide, see items and 49830; or Worn-out clothing having value only for conversion into fiber or for reclamation of raw materials, see item NOTE Not Involved. DENTAL, HOSPITAL OR MEDICAL SUPPLY GROUP: subject to item Drapes; Sheets; Pillowcases; Gowns, patient examination; Towels; or Washcloths; disposable, see Note, item 56714, produced from paper or nonwoven cloth, with or without reinforcement of mesh, yarn, strand or plastic film, in boxes NOTE Applies only on products for surgical, clinical, laboratory, industrial or hospital use, whether sterile or not sterile Packs, surgical or obstetrical procedure, disposable, produced from paper or nonwoven cloth, with or without reinforcement of mesh, yarn, strand or plastic film, see Note, item 56836, in boxes NOTE Applies on mixed packages of Drapes, Sheets, Pillowcases, Gowns, Caps, Masks or other disposable clothing packaged in one sterile pack for a particular surgical or obstetrical procedure. Subject 6, Page 1 of 5

36 SUBJECT 6 Proposed Classification Provisions Item Description Class CLOTHING GROUP: subject to item Clothing, see Notes, items and 49885, etc... No Change NOTE No Change NOTE Applies on clothing whether new or used but does not apply on: Disposable clothing produced from paper or nonwoven cloth, with or without reinforcement of other materials, see items 49795, and 56710; Fur or animal hide clothing or clothing lined with fur or animal hide, see items and 49830; or Worn-out clothing having value only for conversion into fiber or for reclamation of raw materials, see item NOTE No Change. DENTAL, HOSPITAL OR MEDICAL SUPPLY GROUP: subject to item Drapes, Sheets, Pillowcases, Towels, Washcloths or Patient Examination Gowns, disposable, paper or nonwoven cloth, with or without reinforcement of other materials, see Notes, items and NEW, in boxes NOTE No Change. NEW NOTE Also applies on Surgical or Obstetrical Procedure Packs, consisting of two or more of the following disposable articles, produced from the material specified, in one sterile pack for one particular surgical or obstetrical procedure: drapes, sheets, pillowcases, gowns, caps, masks or other disposable clothing Packs, surgical or obstetrical procedure, disposable, produced from paper or nonwoven cloth, with or without reinforcement of mesh, yarn, strand or plastic film, etc... Cancel; see item NOTE Cancel; see item NEW. Analysis Research Projects 1309 and 1327 This proposal is based on the information developed through Research Projects 1309 and 1327, which were initiated in June 2017 and November 2017, respectively. The projects were initiated to review the transportation characteristics of surgical or obstetrical procedure packs, and drapes, sheets, pillowcases, patient examination gowns, towels and washcloths, as embraced by items and 56710, respectively. Hereinafter, these products will be referred to as patient examination or surgical products. History of Provisions The provisions of item were established as a result of action taken on Docket 102, Subject 37 (January 1962) and first appeared in Supplement 12 to NMFC A-6, effective January 22, Subject 6, Page 2 of 5

37 SUBJECT 6 Note, item was established as a result of action taken on Docket 784, Subject 19 (May 1978) and first appeared in Supplement 14 to NMF 100-E, effective January 27, As a result of action taken on Docket 831, Subject 20 (January 1983), the word industrial was added to the Note. This change first appeared in Supplement 4 to NMF 100-J, effective July 23, The current provisions of item were established as a result of action taken on Docket 884, Subject 2 (June 1988), and the changes first appeared in Supplement 4 to NMF 100-O, effective July 23, Item and Note, item were likewise established as a result of action taken on Docket 884, Subject 2 (June 1988) and first appeared in Supplement 4 to NMF 100-O, effective July 23, The provisions have remained substantially unchanged to the present. About Patient Examination or Surgical Products The articles embraced by item provide protective barriers between furniture and objects used for patient examinations or procedures, provide modesty coverings for patients, or are used for cleaning purposes. Each packaged unit contains one particular type of product and may or may not be sterile. These products are constructed of paper or nonwoven cloth and are intended to be disposed of after a single use. Examples of the involved commodities are depicted below. Surgical or obstetrical procedure packs, as described in item 56834, are sterilized packages that contain the necessary garments and coverings required to perform one surgical or obstetrical procedure. These packs are disposable and do not include any medical instruments. Examples of surgical or obstetrical procedure packs are shown below. Subject 6, Page 3 of 5

38 SUBJECT 6 Transportation Characteristics Density Overall, the information of record includes 22,698 density observations submitted by a carrier, a shipper and obtained from the CCSB s Density Study 1. The products range in density from 1.26 to pcf, with an average density of 7.49 pcf. Nearly 79% of the figures fall between 4 and 10 pcf, indicating a large clustering of data around the average. The table below identifies the associated density ranges and averages for products reported to be moving under the involved items. Item Density Range (pcf) Average Density (pcf) Handling and Stowability The involved articles are tendered in boxes secured on lift truck skids or pallets, as shown in the photo on the right. There is no indication of any special handling or stowing instructions, but care must be taken to avoid stowing these products with hazardous materials or other freight that may pose a contamination risk. However, there have been no reports of unusual or significant handling or stowability concerns. Liability The involved commodities are not perishable, unusually susceptible to theft, hazardous in nature, nor do they appear likely to damage other freight. These products may require extra care or attention to avoid contamination. With regards to claims, one carrier reported three claims over the last two years for item Another carrier reported a claims ratio of 0.52% for item and no claims for item in A shipper reported an average of two claims per year for item Two values of $0.51 and $5.00 per pound were reported. Relationship to CCSB Policies and Guidelines CCSB policy calls for combining descriptions embracing related commodities in the interest of clarification and simplification. Given that surgical or obstetrical procedure packs consist of many of the articles delineated in item 56710, it would be within CCSB policy to cancel item with reference to item A new Note would be established to state that item also applies on surgical or obstetrical procedure packs. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 6, Page 4 of 5

39 SUBJECT 6 Furthermore, CCSB policy also calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Information of record indicates that the products embraced by items and range in density from 1.26 to pcf, with an average of 7.49 pcf, and the preponderance of density figures located within a narrow range around the overall average. While some handling, stowability and liability concerns have been noted, they do not appear to significantly impact the transportability of the involved products. Under CCSB guidelines, an average density of 7.49 pcf is generally associated with class 125, which calls for a minimum average density of 7 pcf. Accordingly, this proposal would assign class 125 to item Also, this proposal would amend the description of item in the interest of clarification. Precedent for this approach can be found in Docket , Subject 10 (May 2017), involving hair dryers. As a result of that proposal, items and were canceled with reference to new item for clarification and simplification. No significant handling, stowability or liability concerns were reported, and, as such, density was determined to be the governing transportation characteristic. Hair dryers ranged in density from 1.00 to pcf, with a significant concentration of density observations almost 85% clustered around the overall average density of 7.12 pcf. Based on the information of record, and in keeping with CCSB guidelines, that proposal was approved as docketed, assigning class 125, and the changes first appeared in Supplement 2 to NMF 100-AQ, effective August 5, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 6, Page 5 of 5

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41 SUBJECT 7 Re: Self-Supporting (Rigid) Fiberglass Reinforced Plastic (FRP) Sheet Packaging CCSB Contact: Erin N. Topper Telephone (703) topper@nmfta.org Proponent: Crane Composites, Florence, Kentucky Present Classification Provisions Item Description Class PLASTIC MATERIALS, OTHER THAN EXPANDED, GROUP: subject to item Sheet or Plate, NOI, self-supporting (rigid), other than with formed interior cells, cavities or flutes, see Note, item , other than in rolls or coils, in boxes, crates or Packages 248, 1029, 2187, 2207 or 2310: Sub 1 In authorized packages on A-frame shipping racks, see Note, item Sub 2 In authorized packages not on A-frame shipping racks; or on lift truck pallets or skids; see Note, item : Sub 3 Exceeding 220 united inches Sub united inches or less, subject to Item 170 and having a density in pounds per cubic foot of: Sub 5 Less than Sub 6 30 or greater NOTE Applies whether or not corrugated, crimped, channeled or ribbed, but not otherwise curved, bent or formed. Does not apply on sheet or plate with formed interior cells, cavities or flutes NOTE Not Involved NOTE Not Involved. Proposed Classification Provisions Item Description Class PLASTIC MATERIALS, OTHER THAN EXPANDED, GROUP: subject to item Sheet or Plate, NOI, self-supporting (rigid), other than with formed interior cells, cavities or flutes, see Note, item , other than in rolls or coils, in boxes, crates or Packages 248, 1029, 2187, 2207, 2310 or NEW: Sub 1 In authorized packages on A-frame shipping racks, see Note, item Sub 2 In authorized packages not on A-frame shipping racks; or on lift truck pallets or skids; see Note, item : Sub 3 Exceeding 220 united inches Sub united inches or less, subject to Item 170 and having a density in pounds per cubic foot of: Sub 5 Less than Sub 6 30 or greater Subject 7, Page 1 of 4

42 SUBJECT 7 Proposed Classification Provisions Concluded Item Description Class NOTE No Change NOTE No Change NOTE No Change. Package NEW (1) ARTICLES: Self-supporting (rigid) fiberglass reinforced plastic (FRP) sheet may be shipped palletized and protected as specified. (2) PROTECTIVE PACKAGING: (a) Articles must be stacked on lift truck skid or pallet meeting all requirements set forth in Item 265 and sized so that articles do not overhang the lift truck skid or pallet deck. (b) One sheet of oriented strand board (OSB) or ½-inch thick drywall must be placed on the lift truck skid or pallet deck. (c) One of the following materials must be placed on top and cover the full dimensions of the stack of articles: (i) ½-inch thick drywall sheet; (ii) inch honeycomb sheet using 33-pound paper facing, with a strength rated between 22 and 30 psi; OR (iii) High density polyethylene (HDPE) foam sheet having a density of 20 pcf. (d) Nonexpanded plastic L-shaped corner protectors must be screwed into the ends of the lift truck skid or pallet at all four corners. (e) Edges of articles must be protected by fiberboard measuring not less than 2 x 6 inches and stapled to the lift truck skid or pallet. (i) Handling units with drywall or foam sheet used as top protection must have edge boards extending the full length and width of the handling unit. (ii) Handling units with honeycomb sheet used as top protection must have edge boards extending not less than 24 inches from each corner. (3) STRAPPING REQUIREMENTS: All handling units must be secured together with not less than two embossed plastic straps, measuring 0.75 x inch and having a tensile strength of 1,900 pounds, in both the length and width directions. (4) MARKINGS: Handle with Care, a label indicating fork extensions must be used, and other precautionary markings, as applicable, must be on at least two sides of the packaged article. (See Item 682.) Subject 7, Page 2 of 4

43 SUBJECT 7 Analysis This proposal was submitted by Crane Composites to add a new numbered package for their self-supporting (rigid) fiberglass reinforced plastic (FRP) sheets, which are classified in item Hereinafter these products will be referred to as FRP sheets. Information from the proponent s website 1 and furnished by the proponent indicates that the FRP sheets are sold to manufacturers in different markets and can be utilized as decorative wall coverings, RV exterior side panels, trailer side skirts, or RV or trailer roof panels. An example of the involved articles is shown on the right. Proposed Package Design The proponent s FRP sheets are stacked on appropriately sized lift truck skids or pallets and protected with various packaging materials. All handling units have either a sheet of oriented strand board (OSB) or a sheet of ½ thick drywall 2 that is placed directly on top of the lift truck skid or pallet deck. The top of the stack of FRP sheets may be protected by a ½ thick drywall sheet, a thick honeycomb sheet, or a high density polyethylene (HDPE) foam sheet having a density of 20 pcf. See photos below. ½ Thick Drywall Top Honeycomb Top 20 pcf HDPE Foam Top 1 (accessed April 2018) 2 While drywall is generally not used as a packaging material, the proponent states that the drywall adds necessary stiffness and rigidity to the handling unit. The FRP sheets come off the manufacturing line warm and are placed directly onto a lift truck skid or pallet. When the sheets are warm, they can change shape, and drywall (or OSB) prevents the sheets from dipping between the deck boards. Also, these handling units may be stacked high, which can equate to a lot of weight on the bottom handling unit. Additionally, the drywall sheets come appropriately sized for these handling units and do not need to be cut. Subject 7, Page 3 of 4

44 SUBJECT 7 As shown in the left and middle photos below, nonexpanded plastic corner protectors are screwed into the lift truck skid or pallet at all four corners, and the perimeter of the handling unit is fully or partially protected by fiberboard measuring not less than 2 x 6, which is secured in place with staples. A minimum of two straps in each direction secure the handling unit together for transport, as shown in the right photo below. Drywall or Foam Top with Full Edge Board Protection Honeycomb Top with Partial Edge Board Protection 3 Finished Handling Unit The proponent reports that the FRP sheets may be 96 or 144 inches in length, and the handling unit height varies, depending on the quantity of FRP sheets being shipped. The handling units are marked Handle with Care, and they also include a notice to carriers to use fork extensions. To support the inclusion of this packaging into the NMFC, the proponent has conducted LTL test shipments with their FRP sheets in these packaging variations from Kentucky to California and back. Only slight damage to the packaging was noted in these shipments, and no damage occurred to the FRP sheets. They are currently shipping using some of these versions today as standard packaging. Relationship to CCSB Policies and Guidelines CCSB policies state the CCSB is to establish and maintain packaging specifications to ensure that freight is adequately protected and can be handled and stowed in a manner that is reasonably safe and practicable so as to withstand the normal rigors of the less-thantruckload environment. Prospective packaging materials or methods are deemed to be consistent with CCSB packaging policies when they are demonstrated to be as good as, or better than, currently authorized materials or methods. The proponent s packaging design has been demonstrated to adequately protect their FRP sheets from the normal rigors of the LTL environment through real world shipment testing. Therefore, it would be in keeping with CCSB policies and precedent to authorize the new package design for FRP sheets, as proposed. 3 The proponent has indicated that the handling units with honeycomb have edge boards extending not less than 24 inches from each corner, as a cost-saving measure. There is no indication that the lack of full edge protection has resulted in damage to the FRP sheets. Subject 7, Page 4 of 4

45 SUBJECT 8 Re: Rear View Mirrors CCSB Contact: Ashley L. Gencarelli Telephone (703) gencarelli@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class AUTOMOBILE PARTS GROUP: subject to item Mirrors, rear view, with or without tubular metal mounting brackets attached, in boxes or Package 2191, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 4 or greater BOAT GROUP: subject to item Mirrors, rear view, stainless steel or glass, with or without mounting brackets or bases, in boxes Proposed Classification Provisions Item Description Class AUTOMOBILE PARTS GROUP: subject to item Mirrors, rear view, with or without tubular metal mounting brackets attached, etc... Cancel; see item A-NEW BOAT GROUP: subject to item Mirrors, rear view, stainless steel or glass, with or without mounting brackets or bases, etc... Cancel; see item A-NEW A-NEW Mirrors, rear view, with or without mounting hardware, see Note, item B-NEW, in boxes B-NEW NOTE Also applies on rear view mirrors that incorporate additional features or functionality, such as, but not limited to, automatic dimming, garage door opener operating controls, and displays for temperature, direction or driver alerts. Analysis Research Project 1289 This proposal is based on the information developed through Research Project 1289, which was initiated in August 2016 to review the transportation characteristics of rear view mirrors. Subject 8, Page 1 of 4

46 SUBJECT 8 History of Provisions Provisions for automobile rear view mirrors, as named in item 19070, were established as a result of action taken on Docket 54, Subject 41 (April 1952) and first appeared in Supplement 5 to NMFC A-1, effective November 13, The current provisions were established as a result of action taken on Docket 905, Subject 8 (August 1990), and the changes first appeared in Supplement 4 to NMF 100-Q, effective September 29, The provisions have remained substantially unchanged to the present. The provisions for boat rear view mirrors, as named in item 25045, were established as a result of action taken on Docket 93, Subject 30 (March-April 1960). The provisions first appeared in Supplement 1 to NMFC A-5, effective September 29, 1960, and they have remained substantially unchanged to the present. About Rear View Mirrors Rear view mirrors are devices used to assist drivers or vehicle or machinery operators by reflecting the viewing area behind them. They can be mounted inside of the vehicle or machine or on the outside of the vehicle or machine on either side of the operator. Today, rear view mirrors may include additional features or functions, such as displays for temperature and automatic dimming. Subject 8, Page 2 of 4

47 SUBJECT 8 Transportation Characteristics Density The information of record includes 3,907 density figures submitted by a shipper, carriers and obtained from the CCSB s Density Study 1. The products range in density from 0.50 to pcf, with an average of 5.39 pcf. Over 88% of the figures are clustered between 2 and 8 pcf. Handling and Stowability The involved articles are generally shipped in boxes unitized on lift truck skids or pallets. Based on the research, there is no indication that Package 2191 is being used. There have been no reports of any unusual or significant handling or stowability problems. Liability Rear view mirrors 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, and limited value information indicates a range from $4.00 to $4.49 per pound, with an average value of $4.16 per pound. Relationship to CCSB Policies and Guidelines CCSB policy calls for provisions to be as clear as possible to mitigate the potential for interpretation disputes, 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 Mirrors, rear view, with or without mounting hardware. CCSB policy also calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Information of record indicates that rear view mirrors range in density from 0.50 to pcf, with an average density of 5.39 pcf, and 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 5.39 pcf is generally associated with class 175 under CCSB density guidelines, which call for a minimum average density of 5 pcf. Under this proposal, class 175 would be assigned to the new item. Additionally, a new Note would be established to clarify that the provisions for rear view mirrors would also include mirrors containing additional features or functions. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 8, Page 3 of 4

48 SUBJECT 8 This proposal would also remove the reference to Package 2191, as there is no information to indicate this package is still being utilized for rear view mirrors. A similar approach was taken on Docket , Subject 12 (May 2016), involving item 16255, naming fish hooks. No significant handling, stowability or liability concerns were reported, and, as such, density was determined to be the primary transportation characteristic. Fish hooks exhibited a range in density from 1.09 to pcf, with a significant concentration of density observations over 82% clustered around the overall average density of 5.44 pcf. Based on the information of record, and in keeping with CCSB guidelines, that proposal was approved as docketed, assigning class 175, and the change 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 8, Page 4 of 4

49 SUBJECT 9 Re: Mixing Machines, food, NOI, other than household Item CCSB Contact: Keith L. Charles, Jr. Telephone (703) charles@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item Mixing Machines, food, NOI, other than household, in boxes, crates or Package Package 214 In doublewall corrugated fiberboard boxes complying with all requirements of Item 222 for boxes testing not less than 350 pounds, except gross weight must not exceed 190 pounds. Boxes must be lined on all sides with same board of which box is made. Machines must be securely fastened to base frame made of not less than four pieces of lumber of dimensions not less than 3 /4 by 3 inches. Scored forms made of same board of which box is made must be placed in each corner and at top and must be of sufficient size to fill voids and prevent shifting. Boxes must be strapped with not less than two metal straps. Proposed Classification Provisions Item Description Class MACHINERY GROUP: subject to item Mixing Machines, food, NOI, other than household, in boxes or crates, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 8 but less than Sub 3 12 or greater Cancel; no further application. Package 214 Subject 9, Page 1 of 4

50 SUBJECT 9 Analysis Research Project 1303 This proposal is based on the information developed through Research Project 1303, which was initiated in April 2017 to investigate the transportation characteristics of food mixing machines, other than household. Hereinafter, these products will be referred to as mixing machines. History of Provisions The provisions for mixing machines were established as a result of action taken on Docket 96, Subject 22 (November 1960). Information on that record indicates densities ranging from to pcf, with an average density of pcf and a range in value per pound from $0.65 to $1.70, with an average value of $1.00 per pound (in 1960 dollars). The provisions first appeared in Supplement 7 to NMFC A-5, effective April 18, 1961, and they have remained substantially unchanged to the present. About Mixing Machines The involved products are commercial, industrial or institutional type machines that are utilized during the food preparation process. Examples of mixing machines are shown below. Transportation Characteristics Density The information of record includes 5,918 density observations observed firsthand on CCSB dock surveys and gathered from the CCSB s Density Study 1. The densities range from 0.84 to pcf, with an average of 9.91 pcf. When the data is evaluated on the basis of the three proposed density groupings, as shown in the table on the following page, the resultant ranges and averages emerge. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 9, Page 2 of 4

51 SUBJECT 9 Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater Handling and Stowability When tendered in boxes secured on lift truck skids or pallets, or in crates 2, as authorized by item , mixing machines should be readily handled with mechanical equipment, and should provide lateral support for adjacent freight and a flat load-bearing surface for top freight. Handling units may include shipper instructions or precautionary markings, such as Top Heavy ; however, there have been no reports of unusual or significant handling or stowability concerns. Liability Mixing machines are not perishable, unusually susceptible to theft, hazardous in nature, nor do they appear likely to damage other freight. One carrier reported a claims ratio of 3.16% in No information was obtained on the value per pound of these commodities. Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. The information of record for mixing machines shows that these products have a density range from 0.84 to pcf, with an overall average of 9.91 pcf, and no unusual or significant handling, stowability or liability characteristics when properly packaged. Under CCSB guidelines, an average density of 9.91 pcf is generally associated with class 100, which calls for a minimum average density of 9 pcf. However, when commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. When the data of record is evaluated based on the proposed density breaks at 8 and 12 pcf, the following average densities and classes emerge. Average CCSB Minimum Average Class Based on CCSB Density Group (pcf) Density (pcf) Density Guideline (pcf) Density Guidelines Less than but less than or greater It would be in keeping with CCSB policy and precedent to establish classes predicated on density breaks at 8 and 12 pcf 5 for mixing machines, as named in item While shipments of mixing machines have been observed strapped on lift truck skids or pallets, neither the present nor proposed provisions authorize this method of packaging. 3 There is no indication that Package 214 is still being utilized today or that it would be sufficient in today s LTL environment. 4 While specific information on how the involved mixing machines were packaged was not provided, the authorized packaging requirements for boxes or crates will afford better protection than when tendered strapped on lift truck skids or pallets with little or no packaging. 5 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 9, Page 3 of 4

52 SUBJECT 9 Package 214 would be canceled as having no further application. A similar approach was taken on Docket , Subject 7 (May 2016), involving cable assemblies or harnesses, electrical wiring, NOI, as named in item Density was determined to be the primary transportation characteristic, since there were no significant handling, stowability or liability concerns reported. While the densities were distributed throughout the range of 1.24 to pcf, density breaks at 8 and 12 pcf were proposed to provide a more accurate representation of the distribution of the density observations. That proposal was approved as docketed, and the provisions first appeared in Supplement 2 to NMF 100-AP, effective August 13, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. Subject 9, Page 4 of 4

53 SUBJECT 10 Re: Granola Item CCSB Contact: Allison L. Austin Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CEREALS GROUP: subject to item Cereals, cooked (prepared cereals ready for human consumption without further cooking): subject to item Granola type, other than puffed or popped, with or without fruit, nuts or seeds, see Note, item 42382, in boxes or drums, or in Packages 128 or NOTE Applies on cereals composed of rolled grains and other natural ingredients such as honey, sea salt, soy oil or wheat germ. Proposed Classification Provisions Item Description Class CEREALS GROUP: subject to item Cereals, cooked (prepared cereals ready for human consumption without further cooking): subject to item Granola, other than puffed or popped, see Note, item NEW, in boxes, drums or Packages 128 or NEW NOTE Applies on cereals and related foodstuffs represented as granola, whether or not containing grains, but does not apply on granola-type nutritional or snack bars, which are named in item NOTE Cancel; no further application. Analysis Research Project 1293 This proposal is based on information developed through Research Project 1293, which was initiated in October 2016 to investigate the transportation characteristics of cereal. The information in this proposal encompasses a segment of that project pertaining to granola, as named in item Subject 10, Page 1 of 3

54 SUBJECT 10 History of Provisions The provisions of item were established as a result of action taken on Docket 733, Subject 78 (May 1973) and first appeared in Supplement 4 to NMF 100-A, effective June 21, As a result of action taken on Docket 773, Subject 28 (April 1977), the restriction other than puffed or popped was added to the item description. That change first appeared in Supplement 15 to NMF 100-D, effective December 3, The provisions have remained substantially unchanged to the present. About Granola This proposal involves food products represented and sold as granola. It does not encompass granola bars, which are named elsewhere in the Classification. While primarily categorized as a breakfast cereal, granola may also be used as a topping, baking ingredient, or as a snack. Cereal grains, such as oats and rice, are often main constituents of granola, but there is no standard mixture of ingredients utilized in the formulation of granola, and some products are marketed as grain-free. Examples of granola are shown below. Transportation Characteristics Density Information of record for granola includes 2,255 density observations collected during CCSB dock surveys and obtained from the CCSB s Density Study 1. The products range in density from 2.70 to pcf, with an average density of pcf. Over 77% of the figures are clustered between 8 and 15 pcf. Handling and Stowability As shown in the photo on the right, granola is typically tendered in fiberboard boxes secured on lift truck skids or pallets. As with other food, care must be taken to avoid stowing the involved commodities with hazardous materials or other freight that may pose a contamination risk. However, no significant handling or stowability issues have been reported. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 10, Page 2 of 3

55 SUBJECT 10 Liability Granola is not generally perishable, hazardous in nature, unusually susceptible to theft, and would not appear likely to damage other freight. It may be damaged by freight with which stowed or by the elements. As with other food, the involved products may require extra care or attention to avoid contamination. However, there is no indication of a claims problem. No value information has been obtained on granola. 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 for granola shows a range in density from 2.70 to pcf, with an average density of pcf, and a predominant concentration of density figures within a narrow range around the overall average. While there are some handling, stowability and liability concerns inherent with shipping granola, they do not appear to significantly impact the transportability of these products. As such, per CCSB policy, density is the governing characteristic in the assignment of classes. Under CCSB guidelines, an average density of pcf is generally associated with class 92.5, which calls for a minimum average density of 10.5 pcf. Under this proposal, item would be amended to name Granola, other than puffed or popped, at class Other descriptive changes would be made in the interest of simplification. Additionally, a new Note would be added and referenced by item to clarify that the item applies on cereals and related foodstuffs represented as granola, whether or not containing grains, but does not apply on granola-type nutritional or snack bars, which are named in item Note, item would be canceled as having no further application. Precedent for this approach can be found in Docket , Subject 7 (January 2016), involving bathroom scales. No significant handling, stowability or liability concerns were reported, and, as such, density was determined to be the primary transportation characteristic. 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. Subject 10, Page 3 of 3

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57 SUBJECT 11 Re: Electronic Cigarettes (e-cigarettes or e-cigs), including e-liquid (e-juice) CCSB Contact: Matthew S. Erim Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class DRUGS, MEDICINES OR TOILET PREPARATIONS: subject to item NOTE Not Involved Drugs or Medicines, 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. ELECTRICAL EQUIPMENT GROUP: subject to item Humidifiers or Vaporizers, portable, in boxes, 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 FOODSTUFFS GROUP: subject to item Extracts, NOI; Flavoring Compounds, NOI; Imitation Flavors, NOI; or Bottlers Flavoring Compounds, NOI, see Note, item 72917; liquid, paste or dry, see Notes, items 72912, and 72916; in boxes or drums or dry, in bulk in paper-lined cloth bags or four-ply multiple-wall paper bags, or in Packages 1000, 2358 or 2440, see Note, item NOTE Not Involved NOTE Not Involved NOTE Not Involved NOTE Not Involved NOTE Not Involved. Subject 11, Page 1 of 5

58 SUBJECT 11 Proposed Classification Provisions Item Description Class 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, etc... No Change NOTE No Change NOTE No Change. ELECTRICAL EQUIPMENT GROUP: subject to item Humidifiers or Vaporizers, portable, see Note, item A-NEW, in boxes, 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 A-NEW NOTE Also applies on Electronic Cigarettes (e-cigs) or Electronic Nicotine Delivery Systems, with or without e-liquid or e-juice, other than toxic, in same package. B-NEW E-Liquid or E-Juice, other than toxic, see Note, item C-NEW, in boxes C-NEW NOTE Applies on liquid, whether or not containing nicotine, used in electronic cigarettes (e-cigs) or electronic nicotine delivery systems for producing vapor and simulating smoking. FOODSTUFFS GROUP: subject to item Extracts, NOI; Flavoring Compounds, NOI; Imitation Flavors, NOI; or Bottlers Flavoring Compounds, NOI, see Note, item 72917; liquid, paste or dry, see Notes, items 72912, and 72916, etc... No Change NOTE No Change NOTE No Change NOTE No Change NOTE No Change NOTE No Change. Subject 11, Page 2 of 5

59 SUBJECT 11 Analysis Research Project 1246 This proposal is based on the information developed through Research Project 1246, which was initiated in January 2015 to address interpretation issues and to investigate the transportation characteristics of electronic cigarettes (e-cigarettes or e-cigs) and e-liquid (ejuice). Hereinafter, these products will be referred to as electronic cigarettes and e-liquid, respectively. The CCSB s opinion is that the applicable provisions for electronic cigarettes are currently found in item Additionally, the CCSB is of the opinion that the applicable provisions for e-liquid containing nicotine are found in item 58770, while the applicable provisions for e-liquid that does not contain nicotine are found in item About Electronic Cigarettes and E-Liquid An electronic cigarette is a handheld electronic device that simulates the feeling of tobacco smoking. It works by heating a liquid to generate an aerosol, commonly called a vapor, that the user inhales The liquid used in the electronic cigarette, called e-liquid, is usually made of nicotine, propylene glycol, glycerine, and flavorings. Not all e-liquids contain nicotine 2. The process of using an electronic cigarette is often referred to as vaping. Examples of electronic cigarettes and e-liquid are found below. Transportation Characteristics Density Overall, the information of record includes 143 density observations submitted by shippers and carriers, observed firsthand during CCSB dock surveys and obtained from the CCSB s Density Study 3. 1 E-liquid that is classified as toxic by the U.S. Department of Transportation and required to bear a Hazard Division 6.1 label is classified under the provisions of item for Poisonous or Toxic Materials and is not included in this proposal. 2 (accessed March 2018) 3 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 11, Page 3 of 5

60 SUBJECT 11 Information of record pertaining to electronic cigarettes reveals a density range from 7.27 to pcf, with an overall average of pcf. The densities are distributed throughout the range. Information of record for e-liquid shows a range in density from 4.90 to pcf, with an average of pcf. Over 90% of the figures are clustered between 12 and 30 pcf, and almost 65% of the figures are between 15 and 22.5 pcf. Handling and Stowability The information of record indicates that electronic cigarettes and e-liquid 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 Electronic cigarettes and non-toxic e-liquid are not perishable, hazardous in nature, unusually liable to damage, nor do they appear likely to damage other freight. Information of record does not indicate that these products are unusually susceptible to theft. A responding shipper reported one claim per year for electronic cigarettes, and carriers reported minimal claims. Responding shippers reported two values of $64.42 and $95.15 per pound. With regards to e-liquid, a responding shipper reported 24 claims per year, and carriers reported minimal claims. A responding shipper reported three values for e-liquid, which ranged from $75.00 to $90.00 per pound, with an average of $82.78 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 electronic cigarettes and e-liquid. This proposal would address the interpretation issue by specifically naming these products for clarification purposes. CCSB policy also calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Based on the information of record, there have been no negative handling or stowability considerations identified when analyzing the transportability of electronic cigarettes or e-liquid. While the value per pound might be relatively high, the other liability elements do not appear to significantly impact the transportability of these products. Therefore, per CCSB policy, density is the governing characteristic in the assignment of classes. Subject 11, Page 4 of 5

61 SUBJECT 11 Information of record indicates that electronic cigarettes range in density from 7.27 to pcf, with an average of pcf, and the densities are distributed throughout the range. In light of these characteristics, and to address the interpretation issue, this proposal would establish a new Note attendant to item 62270, which provides classes based on the CCSB s standard 11-subprovision density scale 4. The Note would specify that the provisions of item also apply on Electronic Cigarettes (e-cigs) or Electronic Nicotine Delivery Systems, with or without e-liquid or e-juice, other than toxic, in same package. Furthermore, information of record for e-liquid shows that these products range in density from 4.90 to pcf, with an average of pcf, and the preponderance of density figures concentrated around the overall average. An average density of pcf is generally associated with class 70 under CCSB density guidelines, which call for a minimum average density of 15 pcf. In keeping with CCSB policy, this proposal would establish a new item, naming E-Liquid or E-Juice, other than toxic, at class 70. Concurrently, a new Note would also be established and referenced by the new item, clarifying what the provisions apply on. A similar approach was taken on Docket , Subject 8 (January 2017) involving indoor or outdoor kitchens or food preparation stations. No significant handling, stowability or liability problems were reported, and, as such, density was determined to be the primary transportation characteristic. To address interpretation issues, the density-based provisions of item were amended to add a listing for Kitchens or Kitchen Islands, outdoor, along with an attendant Note clarifying what those provisions apply on. Concurrently, a new item was established for indoor Tables or Stations, food preparation. As with e-liquid, indoor food preparation tables or stations exhibited a range of densities from 2.39 to pcf with a significant concentration of density observations over 82% clustered around the overall average density of 5.83 pcf. Based on the information of record, and in keeping with CCSB guidelines, class 175 was assigned to the new item for indoor food preparation tables or stations, 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. 4 Item includes reference to Item (Rule) 170, the inadvertence clause, and Item (Rule) 171, the bumping privilege. Subject 11, Page 5 of 5

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63 SUBJECT 12 Re: Ornamental Iron Work Item CCSB Contact: Daniel E. Horning Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class BUILDING METALWORK GROUP: subject to item Ornamental Iron Work, see Note, item 36822: Sub 1 Columns or posts, bar or rod, or bar or rod and cast combined, loose or in packages Sub 2 NOI: Sub 3 Cast in one piece, in boxes or bundles, see Note, item Sub 4 Cast, other than cast in one piece, in boxes or bundles, see Note, item Sub 5 Bar or rod, or bar or rod and cast combined, loose or in packages NOTE Applies only on ornamental work named when of the lattice, grille or scroll work type, whether or not it performs a structural function NOTE When in bundles, top and bottom of package must be protected by corrugated fiberboard and individual pieces must be separated by corrugated fiberboard. Proposed Classification Provisions Item Description Class BUILDING METALWORK GROUP: subject to item Ornamental Ironwork, see Note, item 36822, in packages, see Notes, items and NEW: Sub 1 Greatest dimension exceeding 96 inches, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub but less than Sub 4 30 or greater Sub 5 Greatest dimension not exceeding 96 inches, subject to Item 170 and having a density in pounds per cubic foot of: Sub 6 Less than Sub but less than Sub 8 30 or greater NOTE No Change NOTE No Change. Subject 12, Page 1 of 5

64 SUBJECT 12 Proposed Classification Provisions Concluded Item Description Class NEW NOTE Ornamental ironwork tendered for shipment on lift truck skids or pallets must be securely fastened to and must not overhang the edges of the lift truck skid or pallet deck. Exposed surfaces and edges must be completely wrapped with plastic film or corrugated fiberboard or protected by wood or similar material. Analysis Research Project 1323 This proposal is based on information developed through Research Project 1323, which was initiated in November 2017 in response to reports that shipments of ornamental ironwork exhibited densities inconsistent with the present provisions of item History of Provisions The original provisions of item were established as a result of action taken on Docket 84, Subject 54 (June 1958) and first appeared in Supplement 18 to NMFC A-4, effective March 25, The current provisions were established as a result of action taken on Docket 91, Subject 71 (November 1959) and first appeared in NMFC A-5, effective September 22, The provisions have remained substantially unchanged to the present. About Ornamental Ironwork As the name implies, ornamental ironwork can apply to a vast array of goods, patterns and designs that are commonplace in a host of settings or structure applications. The ironwork may be fabricated in a number of configurations and sizes to match the aesthetic or performance requirements of specific jobs. Installations may include, but are not limited to, decorative interior furnishings for either domestic or commercial areas; gate, fence, railing or other structural embellishments; or ornamental fittings for indoor or outdoor fixtures. Examples are shown below. Subject 12, Page 2 of 5

65 SUBJECT 12 Transportation Characteristics Density Information of record on ornamental ironwork includes 1,001 density observations obtained from the CCSB s Density Study 1. The densities range from 2.00 to pcf, with an overall average density of pcf. When the data is evaluated based on the proposed density groupings, the following ranges and averages emerge. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater Handling As previously mentioned, these commodities come in a multitude of sizes and shapes, with some articles exceeding 96 inches in greatest dimension 2. Information of record indicates shipments are tendered in boxes, bundles or on lift truck skids or pallets. Handling units not exceeding 96 inches should not pose any unusual handling considerations. However, as the greatest dimension increases, the handling into and out of the vehicle, and cross-dock operations, become considerably more difficult, and certain equipment, or additional personnel, may be necessary to safely handle the larger units. Stowability The stowability of these products will vary dependent on the manner in which tendered for shipment and the size and configuration of the commodity. When tendered in boxes, the freight will generally provide a regular load-bearing surface for top freight, as well as lateral support for adjacent articles. However, excessively long or large articles may be difficult to stow with other general freight and will typically require floor loading. This complicates the carrier s ability to structure the load and maximize vehicle utilization. Liability These commodities are not perishable, hazardous in nature or unusually susceptible to theft. When sufficiently packaged or otherwise protected, they are less liable to damage, including cosmetic damage, and are less likely to damage other freight. There is no indication of a significant claims problem, nor was any value information obtained. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. 2 Item (Rule) 568, for Heavy or Bulky Freight Loading or Unloading, employs the threshold limit of exceeding 8 feet (96 inches) in greatest dimension as the measurement at which the consignor will perform the loading and the consignee will perform the unloading. Subject 12, Page 3 of 5

66 SUBJECT 12 Relationship to CCSB Policies and Guidelines CCSB policies call for structuring item descriptions so as to foster clarification and simplification. At present, there are five separate subprovisions for ornamental ironwork, delineated by whether or not the commodities are columns or posts, whether they are of bar or rod or cast construction, and if cast, whether or not they are cast in one piece. Eliminating the present breakdown of provisions would be consistent with CCSB policy. CCSB policies state that when commodities exhibit a wide range of densities, densitybased classes may be assigned. The subject products range in density from 2.00 to pcf, with an average of pcf. CCSB policies also state that unusual or significant handling, stowing or liability characteristics may be contributing factors in the assignment of classes. Classification precedent has been to assign a higher class than that usually associated with density when handling, stowability or liability is unusual or significant. When the greatest dimension does not exceed 96 inches, density appears to be the primary transportation characteristic exhibited by the involved commodities. However, when the greatest dimension exceeds 96 inches, these commodities may be more difficult to handle and stow. This proposal would amend item to assign classes based on greatest dimension and density. The table below identifies the resulting average densities and the proposed classes when the data is evaluated based on greatest dimension and density breaks at 22.5 and 30 pcf 3. Density Group (pcf) Average Density (pcf) Guideline Class When Greatest Dimension Does Not Exceed 96 Class Adjustment When Greatest Dimension Exceeds 96 Less than but less than or greater CCSB packaging policy calls for packaging specifications that ensure the 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. Accordingly, this proposal would require ornamental ironwork to be shipped in packages. Concurrently, a new Note would be established to require articles tendered on lift truck skids or pallets to be securely fastened to and not overhang the edges of the lift truck skid or pallet deck. Exposed surfaces and edges would have to be completely wrapped with plastic film or corrugated fiberboard or protected by wood or similar material. This proposal is consistent with classification precedent. An example is Docket , Subject 6 (June 2013), which involved canceling various items applying on ceiling or interior siding, or ceiling or interior siding moldings, panels, pans or ornaments, metal, combined or not combined with other materials, with reference to new item Density was shown to be the primary transportation characteristic when the greatest dimension did not exceed 96 inches. However, when the greatest dimension exceeded 96 inches, the involved products were shown to be more difficult to handle and stow. Accordingly, those products not 3 Both sets of classes would include reference to Item (Rule) 170, the inadvertence clause. Subject 12, Page 4 of 5

67 SUBJECT 12 exceeding 96 inches in greatest dimension were assigned density-based classes predicated on the CCSB s density guidelines, while products exceeding 96 inches in greatest dimension were assigned one class higher, respectively. That proposal was approved as docketed, and the changes first appeared in Supplement 2 to NMF 100-AM, effective August 24, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 12, Page 5 of 5

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69 SUBJECT 13 Re: Electric Razors Item CCSB Contact: Kyle R. Smith Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class Razors, electric, in boxes or drums Proposed Classification Provisions Item Description Class Razors, electric, in boxes Analysis Research Project 1306 Research Project 1306 was initiated in April 2017 to review the transportation characteristics of electric razors, as named in item History of Provisions Provisions for electric razors first appeared in Supplement 8 to NMFC No. 5, effective November 1, 1941 to remain rail competitive. The current class was established as a result of action taken on Special Docket No. 1 (issued July 20, 1949) and first appeared in NMFC A-1, effective July 10, The provisions for electric razors have remained substantially unchanged to the present. About Electric Razors An electric razor is a reusable, electrically powered shaving device that uses rapidly moving blades to cut hair. Many electric razors can be used with or without water, and they are marketed to both men and women. Examples of electric razors are shown below. Subject 13, Page 1 of 2

70 SUBJECT 13 Transportation Characteristics Density The information of record for products moving under item includes 1,351 density observations submitted by shippers, collected during a CCSB dock survey and obtained from the CCSB s Density Study 1. The densities range from 1.00 to pcf, with an average of 5.81 pcf. Almost 91% of the figures fall between 2 and 8 pcf. Handling and Stowability The information of record indicates that electric razors are typically tendered in boxes secured on lift truck skids or pallets. There have been no reports of unusual or significant handling or stowability issues. Liability The involved commodities are not perishable, unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor do they appear likely to damage other freight. There is no indication of a claims problem. Two values of $24.71 and $32.00 per pound were reported. Relationship to CCSB Policies and Guidelines CCSB policy calls for provisions to reflect a commodity s known transportation characteristics. Electric razors exhibit a range of densities from 1.00 to pcf, with an average density of 5.81 pcf, and a preponderance of the density figures concentrated around the overall average. Additionally, no unusual or significant handling, stowability or liability characteristics were identified; therefore, density is the governing transportation characteristic. An average density of 5.81 pcf is generally associated with class 175 under CCSB guidelines, which call for a minimum average density of 5 pcf. This proposal would assign class 175 to item in lieu of the current class 150. Additionally, item would be further amended to remove the superfluous packaging reference, in drums. A similar approach was taken on Docket , Subject 12 (May 2016), involving item 16255, naming fish hooks. No significant handling, stowability or liability concerns were reported, and, as such, density was determined to be the primary transportation characteristic. Fish hooks exhibited a range in density from 1.09 to pcf, with a significant concentration of density observations over 82% clustered around the overall average density of 5.44 pcf. Based on the information of record, and in keeping with CCSB guidelines, that proposal was approved as docketed, assigning class 175, and the change 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. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 13, Page 2 of 2

71 SUBJECT 14 Re: Cloths, Towels, Towelettes or Wipes Items and CCSB Contact: Larissa A. Franklin Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CLOTH, DRY GOODS, FABRICS OR TEXTILES GROUP: subject to item Cloths or Towels, whether or not impregnated with cleansing agents, perfumes or moisturizers, in inner serving trays, with or without tongs, in boxes Cloths, Towels or Toweling, nonwoven fiber, disposable, impregnated with cleansing agent, with or without moisturizers, in boxes or Package Proposed Classification Provisions Item Description Class CLOTH, DRY GOODS, FABRICS OR TEXTILES GROUP: subject to item Cloths, Towels or Towelettes, impregnated or not impregnated with cleansing agents or moisturizers, in serving trays, with or without tongs, in boxes Cloths, Towels, Towelettes or Wipes, nonwoven fiber, disposable, impregnated with cleansing agents, disinfectants or moisturizers, in boxes or Package 2341, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 12 or greater Analysis Research Project 1312 This proposal is based on the information developed through Research Project 1312, which was initiated in August 2017 to review the transportation characteristics of cloths, towels or wipes, as embraced by items and Hereinafter, these products will be referred to as cleansing cloths. Subject 14, Page 1 of 4

72 SUBJECT 14 History of Provisions Item was established as a result of action taken on Docket 956, Subject 14 (September 1995) and first appeared in Supplement 6 to NMF 100-V, effective December 9, Item was established as a result of action taken on Docket 755, Subject 48 (July 1975) and first appeared in Supplement 17 to NMF 100-B, effective December 24, The current description was established as a result of action taken on Docket 994, Subject 8 (November 1999), and this change first appeared in Supplement 3 to NMF 100-Z, effective January 22, The provisions have remained substantially unchanged to the present. About Cleansing Cloths Commodities moving under item are cleansing cloths packaged within serving trays that may or may not contain tongs. Historically, these trays have been made of aluminum; however, the trays today are predominantly made of heavy plastic. The cloths are most commonly found loosely grouped together within the tray. These products are typically seen in airline and cruise ship settings and are given to passengers for refreshment and hand washing purposes. An example is shown to the right. Commodities moving under item are pre-moistened cloths, towels, towelettes or wipes intended to be used for cleansing or disinfecting purposes. These disposable, nonwoven cloth products are impregnated with various types of liquid agents and can be used in a wide variety of applications, including, but not limited to: surface disinfection, make-up or stain removal, hand washing or moisturizing, and general refreshment. Examples are depicted below. Subject 14, Page 2 of 4

73 SUBJECT 14 Transportation Characteristics Density The information of record includes 19,877 density observations, which were submitted by a carrier, collected during CCSB dock surveys and obtained from the CCSB s Density Study 1. Products reported to be moving under item range in density from 1.93 to pcf, with an average of 6.16 pcf. Over 81% of the figures fall between 4 and 8 pcf, which indicates a large clustering of data around the overall average. Products reported to be moving under item range in density from 1.39 to pcf, with an average of pcf. When this data is evaluated based on a density break at 12 pcf, the following density ranges and averages are calculated. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than or greater Handling and Stowability The involved commodities are usually tendered in fiberboard boxes secured on lift truck skids or pallets. Occasionally there will be a pictorial marking indicating This Side Up ; however, there have been no reports of unusual handling or stowability concerns. Liability Cleansing cloths are not perishable, unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor do they appear likely to damage other freight. One carrier reported no claims in 2017 for items and Another carrier reported a total of two claims in 2017 for these products. No information was obtained on the value per pound of these commodities. Relationship to CCSB Policies and Guidelines CCSB policy dictates that commodity descriptions should be clear and concise, up-todate with current terminology, and excess or unclear wording should also be eliminated. As such, the proposed description amendments for items and would be in keeping with CCSB policy. 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 3 of 4

74 SUBJECT 14 CCSB policy additionally calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Since there are no apparent negative handling, stowing or liability characteristics for items and 49290, density is the governing characteristic in the assignment of classes. Information of record shows that articles reported to be moving under item have a density range from 1.93 to pcf, with an average density of 6.16 pcf, and the preponderance of density figures concentrated around the overall average. An average density of 6.16 pcf is generally associated with class 150, which calls for a minimum average density of 6 pcf; thus, it would be within CCSB guidelines to maintain the current class 150 for item Products reported to be moving under item have a density range from 1.39 to pcf, with an average density of pcf, and the densities are shown to be more widely distributed throughout the range. When commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. The table below shows the results of the evaluation of the data of record based on the proposed density break at 12 pcf for item Density Group (pcf) Average Density CCSB Minimum Average Class Based on CCSB (pcf) Density Guideline (pcf) Density Guidelines Less than or greater Precedent for this approach can be found in Docket , Subject 9 (May 2014), involving boat hatches or hatch covers, as named in item Density was determined to be the governing transportation characteristic, as there were no significant handling, stowability or liability concerns identified. The densities were distributed throughout the range of 5.62 to pcf, so a single density break at 12 pcf was proposed to provide a more accurate representation of the identified range in density. That proposal was approved as docketed, and the provisions first appeared in Supplement 2 to NMF 100-AN, effective August 9, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. 2 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 14, Page 4 of 4

75 SUBJECT 15 Re: Benchtop Power Tools CCSB Contact: Erin N. Topper Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item Tools, power, bench top, with or without complement of accessories, without workbenches or stands, viz.: Lathes, see Note, item ; Milling-Drilling Machines (Drill-Mills or Dovetail Mills); In crates * Tools, power, other than power hand tools, with or without pedestals or stands, see Note, item , viz.: Abrasive (Sanding) Machines; Cut-off Machines, abrasive disc type; Drill Presses, NOI; Grinders, see Note, item , or Grinding or Polishing Heads; Jointers; Lathes, NOI, see Note, item ; Mortisers; Planers; Saws, band, circular, radial, jig or scroll; Shapers; Sub 1 In boxes, crates or Package 2113, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 8 but less than Sub 4 12 or greater Sub 5 In packages other than boxes, crates or Package 2113, subject to Item 170 and having a density in pounds per cubic foot of: Sub 6 Less than Sub 7 8 but less than Sub 8 12 or greater * NOTE Applies on these articles when equipped or mounted on pedestals or stands that are a basic essential structural part of the power tool machine, and does not include pedestals or stands that are in the nature of accessorial equipment. Shipments may contain accessorial attachments for the tools named * NOTE Also applies on tools identified as Milling Machines which use grinding as their means of milling. *Published in Supplement 1 to NMF 100-AR, effective April 28, Subject 15, Page 1 of 6

76 SUBJECT 15 Present Classification Provisions Concluded Item Description Class NOTE Does not apply on dental lathes, engravers' lathes, jewelers' lathes or watchmakers' lathes, nor on metalworking lathes weighing each 2,000 pounds or more. See item for applicable provisions for metalworking lathes weighing each 2,000 pounds or more, item for dental lathes and item for engravers' lathes, jewelers' lathes or watchmakers' lathes. Proposed Classification Provisions Item Description Class MACHINERY GROUP: subject to item Tools, power, bench top, with or without complement of accessories, without workbenches or stands, viz.: Lathes, see Note, item ; Milling-Drilling Machines (Drill-Mills or Dovetail Mills); In crates... Cancel; see item Tools, power, other than power hand tools, with or without pedestals or stands, see Note, item , viz.: Abrasive (Sanding) Machines; Cut-off Machines, abrasive disc type; Drill Presses, NOI; Grinders, see Note, item , or Grinding or Polishing Heads; Jointers; Lathes, NOI, see Note, item ; Milling-Drilling Machines (Drill-Mills or Dovetail Mills); Mortisers; Planers; Saws, band, circular, radial, jig or scroll; Shapers; Sub 1 In boxes, crates or Package 2113, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 8 but less than Sub 4 12 or greater Sub 5 In packages other than boxes, crates or Package 2113, subject to Item 170 and having a density in pounds per cubic foot of: Sub 6 Less than Sub 7 8 but less than Sub 8 12 or greater Subject 15, Page 2 of 6

77 SUBJECT 15 Proposed Classification Provisions Concluded Item Description Class NOTE No Change NOTE No Change NOTE No Change. Analysis Research Project 1332 This proposal is based on the information developed through Research Project 1332, which was initiated in December of 2017 to review the transportation characteristics of benchtop power tools, as named in item During the course of research, as well as a review of the CCSB s historical files, it was determined that these products are very similar in nature to other non-handheld power tools, classified in item Proposed changes to item were published in Docket , Subject 11 (February 2018) to reflect the results of research recently conducted on that item. That proposal was approved as docketed, and the changes to item were published in Supplement 1 to NMF 100-AR, effective April 28, History of Provisions Item was established as a result of action taken on Docket , Subject 5 (February 2005), which was a shipper proposal to establish a separate, new entry to cover benchtop lathes and milling-drilling machines. Concurrently, item , which also named lathes and drill press machines, was amended by the insertion of NOI in the respective listings so as to avoid confusion with the new entry. The data of record shows the class 65 was based on one shipper s models, which ranged in density from to pcf, having a simple average of pcf and a weighted average density of pcf based on percentage of models shipped. No unusual or significant handling, stowing or liability concerns were identified, and the values ranged from $0.70 to $1.27 per pound, for an average of $1.05 per pound (in 2005 dollars). That proposal was approved as docketed, and the provisions first appeared in Supplement 2 to NMF 100-AE, effective April 30, The item has remained unchanged to the present. About Benchtop Power Tools As indicated by the name, the involved power tools are those that sit or are mounted on a workbench or other working surface. They are similar in nature to the power tools named in item , but are generally smaller and not shipped or used with a pedestal or stand. Examples of the involved benchtop power tools are shown on the following page. Subject 15, Page 3 of 6

78 SUBJECT 15 Benchtop Lathe Milling-Drilling Machine Transportation Characteristics Density The information of record for benchtop power tools includes 13,389 density observations obtained from the CCSB s Density Study 1. The densities range from 3.20 to pcf, with an overall average of pcf. When the data is evaluated based on density breaks at 8 and 12 pcf, the following ranges and averages emerge 2. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater Handling While item calls for benchtop power tools to be shipped in crates, information of record indicates they may be shipped secured on lift truck skids or pallets, boxed or other than boxed. Those articles shipped in boxes on lift truck skids or pallets, or in crates will not present unusual or significant handling considerations. However, when tendered on lift truck skids or pallets and not in boxes, a certain degree of extra care and attention will be required for them to be safely handled. Stowability Benchtop power tools packaged in boxes on lift truck skids or pallets, or in crates generally do not pose unusual or significant stowing considerations. When tendered in packages other than boxes or crates, negative stowing characteristics have been identified. Benchtop power tools tendered in packages other than boxes or crates will generally lack a flat load-bearing surface for the loading of top freight, and they may not provide lateral support for freight loaded adjacent to them in the vehicle. They may also have exposed surfaces or edges that can limit the type of freight that may be safely stowed around them. These factors can result in increased time and effort on the part of the carrier to properly structure the load, including the use of load decks and/or dunnage, to minimize the potential for damage and efficiently use the available vehicle space. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. 2 The density ranges and averages of benchtop power tools are very similar to those found in Docket , Subject 11 for power tools moving under item Subject 15, Page 4 of 6

79 SUBJECT 15 Liability Benchtop power tools are not perishable or hazardous in nature. When tendered in packages other than boxes or crates, these products may exhibit a greater susceptibility to damage. Shipments loaded in a vehicle are generally supported, to some extent, by adjacent freight; however, when these articles are not in a box or crate, they may not provide sufficient lateral support for adjacent freight, which can result in damage to the involved articles. One carrier reported a claims ratio of 0.21% for shipments in A second carrier reported no claims for these commodities in the last two years. A third carrier has also not logged any claims for this type of commodity to date. However, a fourth carrier reported shortages involving shipments of benchtop power tools. That carrier also reported that these tools are often shipped in display cartons that are ready to be put on the shelf, and if the boxes get dinged, torn, ripped, etc., they will often be refused, and a claim is filed for repackaging 3. Relationship to CCSB Policies and Guidelines CCSB policies call for combining descriptions embracing related commodities. The benchtop power tools, as currently named in item , are similar in nature and function to other power tools named in item Therefore, it would be in keeping with CCSB policies to cancel item with reference to item and concurrently amend the description of item for clarification. CCSB policy also calls for classification provisions to reflect a commodity s known transportation characteristics. The information of record indicates that the involved articles range in density from 3.20 to pcf, with an overall average of pcf. CCSB policy provides that where commodities or commodity groups exhibit a wide density range not accurately reflected by a single, overall average density, they may be assigned density-based classes. However, in this instance, research has identified significant negative handling, stowability and liability characteristics, particularly when the articles are not packaged in boxes or crates, 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 crates. The table on the following page 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 class adjustment for when the articles are tendered in packages other than boxes or crates. 3 Such circumstances are now addressed by Item (Rule) 680, Sec. 15, Where Damage to the Shipping Package Will Result in a Claim. Subject 15, Page 5 of 6

80 SUBJECT 15 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 cancel item with reference to item , as proposed 4. Such an approach would provide a means for combining related commodities and addressing both the density range as well as the respective handling, stowing and liability characteristics. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. 4 Both sets of classes in item include reference to Item (Rule) 170, the inadvertence clause. Subject 15, Page 6 of 6

81 SUBJECT 16 Re: Mats, Cushions or Pads, exercise, gymnastic or jumping pit CCSB Contact: Keith L. Charles, Jr. Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class ATHLETIC GOODS GROUP: subject to item Mats or Cushions, gymnasium or jumping pit: Sub 1 NOI, other than cellular, expanded or foam plastic or rubber, in packages Sub 2 Pneumatic, deflated, with air blowers or compressors, in packages Proposed Classification Provisions Item Description Class ATHLETIC GOODS GROUP: subject to item A-NEW Mats, Cushions or Pads, exercise, gymnastic or jumping pit, see Note, item B-NEW, in packages B-NEW NOTE Inflatable mats, cushions or pads may be shipped with air blowers or compressors Mats or Cushions, gymnasium or jumping pit, etc... Cancel; see item A-NEW Analysis Research Project 1273 This proposal is based on the information developed through Research Project 1273, which was initiated in January 2016 to investigate the transportation characteristics of gymnasium or jumping pit mats or cushions. History of Provisions Provisions for gymnasium mats were adopted from the rails and first appeared in LTL-1, effective April 1, 1936, at a rating equivalent to class 100. The current provisions were established as a result of action taken on Docket 139, Subject 46 (March 1969) and first appeared in Supplement 25 to NMFC A-10, effective September 11, The provisions have remained substantially unchanged to the present. Subject 16, Page 1 of 3

82 SUBJECT 16 About the Involved Mats or Cushions The involved products refer to pieces of athletic equipment that provide a soft surface, affording safety and protection to athletes and others engaged in physical exercise, activity and/or contest by mitigating shock or impact. Mats or cushions can be made of a variety of materials and are typically designed for, but are not limited to, floor or wall placement. The mats or cushions involved may have hooks and/or fasteners for attaching purposes, and some are inflatable. Examples of these products are shown below. Transportation Characteristics Density Information of record for the involved articles includes 2,370 density observations observed firsthand during CCSB dock surveys and obtained from the CCSB s Density Study 1. The products range in density from 0.72 to pcf, with an average density of 3.51 pcf. Almost 87% of the figures are clustered between 1 and 6 pcf. Handling and Stowability Information of record indicates the involved products are generally tendered for shipment in bags or fiberboard boxes, which may be secured on lift truck skids or pallets. Handling units may include shipper instructions or precautionary markings, such as Do Not Forklift or Handle with Care. However, there have been no reports of unusual or significant handling or stowability problems. Liability The involved products are not perishable, unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor do they appear likely to damage other freight. There is no indication of a claims problem, and no value information was obtained. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 16, Page 2 of 3

83 SUBJECT 16 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 item with reference to a new item, naming Mats, Cushions or Pads, exercise, gymnastic or jumping pit. CCSB policy also calls for classification provisions to reflect a commodity s known transportation characteristics. Information of record for the involved products shows a range in density from 0.72 to pcf, with an average density of 3.51 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 3.51 pcf is generally associated with class 250, which calls for a minimum average density of 3 pcf. Under this proposal, class 250 would be assigned to the new item. Additionally, a new Note would be established to clarify that inflatable mats, cushions or pads may be shipped with air blowers or compressors. A similar approach was taken on Docket , Subject 10 (January 2016), involving plastic grease traps or interceptors. No significant handling, stowability or liability concerns were reported, and, as such, density was determined to be the primary transportation characteristic. As with mats or cushions, plastic grease traps or interceptors exhibited a range of densities from 2.58 to 6.38 pcf with a significant concentration of density observations over 97% clustered around the overall average density of 3.82 pcf. Based on the information of record, and in keeping with CCSB guidelines, that proposal was approved as docketed, assigning class 250, and the change first appeared in Supplement 1 to NMF 100-AP, effective April 16, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 16, Page 3 of 3

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85 SUBJECT 17 Re: Musical Instruments, NOI Items and CCSB Contact: Larissa A. Franklin Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MUSICAL INSTRUMENTS, OR PARTS NAMED: subject to item Musical Instruments, NOI, string or wind, in boxes Musical Instruments, NOI, other than string or wind, in boxes Proposed Classification Provisions Item Description Class MUSICAL INSTRUMENTS, OR PARTS NAMED: subject to item Musical Instruments, NOI, string or wind, etc... Cancel; see item Musical Instruments, NOI, in boxes Analysis Research Project 1305 This proposal is based on the information developed through Research Project 1305, which was initiated in April 2017 to investigate the transportation characteristics of musical instruments, NOI, as named in items and History of Provisions The provisions of items and were adopted from the rails in Item was adopted at a rating equivalent to the current class 150, while item had a rating equivalent to class 100. As a result of action taken on Special Docket No. 1 (issued July 20, 1949), the current class 125 was established for item This change first appeared in NMFC A-1, effective July 10, The provisions have remained substantially unchanged to the present. Subject 17, Page 1 of 3

86 SUBJECT 17 About Musical Instruments This proposal encompasses a variety of musical instruments not more specifically described in the Classification. Musical instruments can be categorized into four primary types: string, woodwind, brass and percussion. Any object capable of producing sound can technically be classified as a musical instrument. Musical instruments come in many shapes and sizes and are constructed from a variety of materials, such as wood, tin and brass. Typically, musical instruments are used for entertainment purposes and can be found in a multitude of settings. The price and quality of the product can also vary greatly. Examples of musical instruments are shown in the photos below. Transportation Characteristics Density Overall, the information of record includes 13,637 density observations submitted by carriers and shippers, collected during CCSB dock surveys and obtained from the CCSB s Density Study 1. The products range in density from 0.72 to pcf, with an average density of 4.92 pcf. Approximately 83% of the figures fall between 2 and 8 pcf, indicating a large clustering of data around the overall average. Handling and Stowability Musical instruments are primarily tendered for shipment in fiberboard boxes secured on lift truck skids or pallets. Handling units may include shipper instructions or precautionary markings, such as Fragile, Handle with Care, Keep Dry and/or Do Not Double Stack. However, there have been no reports of unusual or significant handling or stowability concerns. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 17, Page 2 of 3

87 SUBJECT 17 Liability The involved products are not perishable, unusually susceptible to theft, hazardous in nature, nor do they appear likely to damage other freight. Though musical instruments may be inherently fragile, with proper internal and external packaging, there is, reportedly, minimal liability to damage. With regards to claims, one carrier reported a claims ratio of 0.33% for item and a claims ratio of 1.29% for item in Another carrier reported two claims for these types of commodities between January and March 2018, one for shortage and the other for concealed damage. A third carrier stated that there were no claims for either item between January 2017 and March One shipper specified that it generally files one claim every two years, and another shipper files one to two claims per year, depending on the product. Value information indicates a range from $12.06 to $ per pound, with an average value of $44.28 per pound. Relationship to CCSB Policies and Guidelines CCSB policy calls for combining descriptions that embrace related commodities. Since both items encompass commodities that are comparable in nature and function, it would be within CCSB policy to cancel item with reference to item CCSB policy also calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Information of record indicates that musical instruments range in density from 0.72 to pcf, with an average density of 4.92 pcf. The preponderance of density figures are located within a narrow range around the overall average. While some handling, stowability or liability considerations have been noted, they do not appear to significantly impact the transportability of these products. Consequently, density is the governing characteristic in the assignment of classes. Under CCSB guidelines, an average density of 4.92 pcf is generally associated with class 200, which calls for a minimum average density of 4 pcf. Accordingly, this proposal would assign class 200 to item Precedent for this approach can be found in Docket , Subject 12 (February 2018), involving empty dosage capsules. No significant handling, stowability or liability concerns were reported and, as such, density was determined to be the primary transportation characteristic. Empty dosage capsules exhibited a range in density from 2.20 to pcf, with a significant concentration of density observations over 87% clustered around the overall average density of 4.68 pcf. Based on the information of record, and in keeping with CCSB guidelines, that proposal was approved as docketed, assigning class 200, and the change first appeared in Supplement 1 to NMF 100-AR, effective April 28, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 17, Page 3 of 3

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89 SUBJECT 18 Re: Fireplace Logs or Log Sets CCSB Contact: Kyle R. Smith Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FIREPLACES OR FIREPLACE ACCESSORY GROUP: subject to item * Fireplaces or Imitation Fireplaces, NOI, or Fireplace Inserts, see Note, item 69422, in boxes, crates or Packages 1F, 2F, 3F, 5F, 21F or 22F, see Note, item 69423, 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 Logs, electric, in boxes or crates Logs or Log Sets, gas-fired fireplace (Gas Logs), in boxes, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub or greater *Published in Supplement 1 to NMF 100-AR, effective April 28, Subject 18, Page 1 of 4

90 SUBJECT 18 Proposed Classification Provisions Item Description Class FIREPLACES OR FIREPLACE ACCESSORY GROUP: subject to item Fireplaces and Related Articles, viz.: Fireplace Inserts, see Notes, items and 69423, also in Packages 1F, 2F, 3F, 5F, 21F or 22F; Fireplaces or Imitation Fireplaces, NOI, see Note, item 69422, also in Packages 1F, 2F, 3F, 5F, 21F or 22F; Logs or Log Sets, electric (Electric Logs); Logs or Log Sets, gas-fired fireplace (Gas Logs); 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 NOTE No Change Logs, electric, etc... Cancel; see item Logs or Log Sets, gas-fired fireplace (Gas Logs), etc... Cancel; see item Analysis Research Project 1308 This proposal is based on the information developed through Research Project 1308, which was initiated in June 2017 to investigate the transportation characteristics of gas-fired fireplace logs or log sets, as named in item During the course of research it was found that electric logs, as named in item 69465, appeared to have similar transportation characteristics, and the project was expanded. Hereinafter these products will be referred to collectively as fireplace logs. Subject 18, Page 2 of 4

91 SUBJECT 18 History of Provisions Item 69470, naming gas logs or log sets, was established as a result of action taken on Docket , Subject 13 (February 2008). Separate items for solid refractory cement gas logs and for gas log sets were concurrently canceled with reference to item That proposal was initially approved as docketed, assigning class Subsequently, an interested shipper contacted the CCSB and requested reconsideration. Upon reconsideration, the proposal was approved as modified, assigning class 92.5 for densities of less than 22.5 pcf and class 65 for densities of 22.5 pcf or greater. The provisions first appeared in Supplement 2 to NMF 100-AH, effective August 23, The provisions have remained unchanged to the present. The provisions for electric logs were adopted from the rails and first appeared in LTL-1, effective April 1, The current class was established as a result of action taken on Special Docket No. 1 (issued July 20, 1949) and first appeared in NMFC A-1, effective July 10, The provisions have remained substantially unchanged to the present. About Fireplace Logs Fireplace logs are used to replicate the appearance of a wood-burning fireplace, as well as to provide supplemental heating for a room or area. They can be made from a variety of materials, and are painted to look like natural wood to give as realistic an appearance as possible. Transportation Characteristics Density Overall, the information of record includes 1,090 density observations submitted by carriers and shippers, observed firsthand on a CCSB dock survey and gathered from the CCSB s Density Study 1. The products range in density from 1.58 to pcf, with an average of 9.37 pcf. The densities are widely distributed throughout the range. 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 18, Page 3 of 4

92 SUBJECT 18 Handling and Stowability As shown in the photo on the right, fireplace logs are generally shipped in fiberboard boxes secured on lift truck skids or pallets; however, the provisions for electric logs also allow for shipments in crates. Shipments have been observed with precautionary markings or shipper instructions, such as Do Not Double Stack or Fragile. However, there have been no reports of unusual or significant handling or stowability considerations. Liability The involved commodities are not perishable, unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor do they appear likely to damage other freight. No carriers reported claims, and one shipper reported one to three claims per year. No value per pound information was obtained. Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Information of record indicates fireplace logs range in density from 1.58 to pcf, with an average of 9.37 pcf, and there is no evidence of 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 densitybased 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, i.e. fireplaces, imitation fireplaces or fireplace inserts, in item 69420, which provides the CCSB s standard 11-subprovision density scale 2. Concurrently, item would be amended to provide a viz. format for clarification and simplification. A similar approach was taken on Docket , Subject 11 (May 2017), involving aircraft or boat seats. Based on the information of record, and in keeping with CCSB policy and precedent, the provisions for aircraft or boat seats were canceled with reference to the density-based provisions of item , which applied on other types of vehicle or machinery seats and was concurrently amended to provide a viz. format. The proposal was approved as docketed, and the changes first appeared in Supplement 2 to NMF 100-AQ, effective August 5, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies 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 18, Page 4 of 4

93 SUBJECT 19 Re: Oxygen, recreational, consisting of 95% pure oxygen, in handheld canisters or containers CCSB Contact: Erin N. Topper Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class DENTAL, HOSPITAL OR MEDICAL SUPPLY GROUP: subject to item Sets, oxygen administration, consisting of oxygen in steel cylinders not over 240 cubic inches capacity, plastic tubing and plastic administering mask, with or without regulators, in boxes GASES OR CRYOGENIC LIQUIDS GROUP: subject to item Gases, NOI, or Gas Mixtures, NOI, other than flammable or toxic, see Note, item 85881; in cargo tanks or steel cylinders, see Note, item 85882; or in containers in boxes, see Note, item NOTE 1. Applies on materials regulated by the U.S. Department of Transportation as a Hazard Class 2, Division 2.2, Nonflammable Gas, as defined in 49 CFR and required to bear a notice to that effect on bills of lading and packaging. 2. Not Involved NOTE Not Involved NOTE Not Involved. Proposed Classification Provisions Item Description Class DENTAL, HOSPITAL OR MEDICAL SUPPLY GROUP: subject to item Sets, oxygen administration, consisting of oxygen in steel cylinders not over 240 cubic inches capacity, plastic tubing and plastic administering mask, with or without regulators, see Note, item A-NEW, in boxes A-NEW NOTE Does not apply on recreational oxygen in handheld canisters or containers. For applicable provisions, see item B-NEW. GASES OR CRYOGENIC LIQUIDS GROUP: subject to item Gases, NOI, or Gas Mixtures, NOI, other than flammable or toxic, etc... No Change NOTE No Change NOTE No Change NOTE No Change. B-NEW Oxygen, recreational, consisting of 95% pure oxygen, in handheld canisters or containers, in boxes Subject 19, Page 1 of 4

94 SUBJECT 19 Analysis Research Project 1304 This proposal is based on the information developed during Research Project 1304, which was initiated in April 2017 to address interpretation issues involving recreational oxygen, and to investigate the transportation characteristics of this product. Shippers of this product have classified it in item 56910, which names oxygen administration sets. However, CCSB opinion has held item 85880, which names nonflammable gases, NOI, applicable. About Recreational Oxygen Recreational oxygen, also known as aviator oxygen, is different from medical oxygen in that it is sold commercially in non-refillable, aerosol canisters or containers, as shown below, and is delivered manually by the push of a button or pump lever; whereas, medical oxygen is generally contained in refillable cylinders and is delivered in an automatic stream. Recreational oxygen is used for a variety of purposes, including to help catch your breath, prepare for a workout or other physical activity, and to help alleviate the symptoms of altitude sickness and hangovers 1. Some are available in different flavors, such as peppermint. Recreational oxygen is a compressed gas, which is regulated by the U.S. Department of Transportation (DOT) as UN3156, Compressed gas, oxidizing, n.o.s., or UN1956, Compressed gas, n.o.s., when transported under DOT Special Permit Information derived from a Safety Data Sheet from a shipper of recreational oxygen shows that it may also be shipped as UN1950, Aerosols, non-flammable, (each not exceeding 1 L capacity). When shipped under Special Permit or when shipped in limited quantities, as defined in 49 CFR , recreational oxygen is exempted from the labeling and placarding requirements generally associated with Hazard Division 2.2 gases. Recreational oxygen is not exempt from the general and function-specific training requirements in 49 CFR through (accessed November 2017) Subject 19, Page 2 of 4

95 SUBJECT 19 Transportation Characteristics Density The information of record includes 67 density figures submitted by a shipper and a carrier, and obtained from the CCSB s Density Study 2. The densities range from 2.84 to 9.59 pcf, with an average of 5.55 pcf. Over 85% of the figures fall between 4 and 8 pcf, indicating a large clustering of data around the overall average. Handling Recreational oxygen is tendered for shipment in fiberboard boxes secured on lift truck skids or pallets, as shown in the photo on the right. When tendered in this manner, recreational oxygen can be readily handled with mechanical equipment, although, due to their hazardous nature, extra care and attention is necessary. In this regard, as previously mentioned, carrier employees are required by DOT regulations to be trained in the proper handling of recreational oxygen. Stowability Recreational oxygen shipped in fiberboard boxes secured on lift truck skids or pallets will generally provide a flat load-bearing surface for top freight and lateral support for adjacent freight. While exempted from some of the hazardous material regulations, coloading prohibitions may apply, which can limit where in the vehicle and with what freight the carrier can safely stow the shipments. It should also be noted that the aforementioned shipper Safety Data Sheet warns not to store recreational oxygen above 120 Fahrenheit. Carriers have to be cautious when stowing recreational oxygen in their vehicles for extended periods of time in hot temperatures. Liability Recreational oxygen is not shown to be unusually susceptible to theft or damage; however, it is hazardous in nature and may damage other freight or carrier equipment, and may pose an injury risk to carrier personnel, since the containers house gas that is kept under pressure. Consequently, per DOT regulations, carrier employees must be trained in the proper hazard requirements in order to mitigate the chance of damage or injury. There is no evidence of a claims problem. The value per pound ranges from $44.00 to $62.50, with an average of $50.50 per pound. 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. Recreational oxygen is not named in the NMFC, and the CCSB is of the opinion that item is applicable, although some shippers are classifying it in item The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 19, Page 3 of 4

96 SUBJECT 19 CCSB policy also calls for classification provisions to reflect a commodity s known transportation characteristics. Information of record for recreational oxygen shows a range in density from 2.84 to 9.59 pcf, with an average density of 5.55 pcf, and the preponderance of density figures concentrated around the overall average. Under CCSB guidelines, an average density of 5.55 pcf is generally associated with class 175, which calls for a minimum average density of 5 pcf. However, as discussed in the analysis, recreational oxygen presents certain negative handling, stowability and liability considerations due to its hazardous nature. When establishing provisions for other hazardous materials, precedent has been to assign classes higher than those called for under the CCSB s density guidelines, reflective of the respective hazards involved. Therefore, it would be in keeping with CCSB policies and precedent to establish a new item specifically naming recreational oxygen under the Gases or Cryogenic Liquids Group, at class 200, one class higher than that called for under the CCSB guidelines. Furthermore, a new Note would be added to item stating that the provisions do not apply on recreational oxygen and directing the Classification user to the correct item. Item would also be amended to include the bomb burst symbol ( ) as oxygen administration sets may be subject to hazardous materials regulations. Precedent for this approach can be found in Docket , Subject 4 (January 2017), which was a shipper proposal to add a new item for copper extraction reagents. The proposed class 55 was reflective of the average density of pcf. However, given the hazardous nature of the material and its impact on handling, stowability and liability, the proposal was approved as modified, and class 60 was assigned to the item. 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 consistent with CCSB policy and precedent. Subject 19, Page 4 of 4

97 SUBJECT 20 Re: Dentists or Opticians Cabinets Item CCSB Contact: Ashley L. Gencarelli Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FURNITURE GROUP: subject to item Metallic or Wooden: subject to item Cabinets: subject to item Dentists or Opticians, in Packages 1F, 2F, 3F or 5F Proposed Classification Provisions Item Description Class FURNITURE GROUP: subject to item Metallic or Wooden: subject to item Cabinets: subject to item Dentists or Opticians, in Packages 1F, 2F, 3F or 5F Analysis Research Project 1319 Research Project 1319 was initiated in October 2017 to investigate the transportation characteristics of dentists or opticians cabinets, as embraced by item History of Provisions The basic provisions for dentists or opticians cabinets, as named in item 80220, were adopted from the rails and first appeared in LTL-1, effective April 1, The current provisions first appeared in Supplement 3 to NMFC No. 5, effective May 8, 1941, at a rating equivalent to the current class. The provisions have remained substantially unchanged to the present. About Dentists or Opticians Cabinets Dentists or opticians cabinets are pieces of furniture that provide storage solutions to dental and optometry offices. Most cabinets incorporate a combination of pull drawers and shelving to house a wide variety of instruments, equipment or materials. Examples of dentists or opticians cabinets are shown on the following page. Subject 20, Page 1 of 3

98 SUBJECT 20 Transportation Characteristics Density The information of record includes 866 density observations obtained from the CCSB s Density Study 1. The densities range from 2.00 to pcf, with an average of 7.12 pcf. Over 83% of the figures fall between 4 and 10 pcf. Handling and Stowability Dentists or opticians cabinets may be tendered in boxes secured on lift truck skids or pallets or in complying F Packages. As with other articles of furniture, they may require a certain degree of care and attention when handling and stowing. However, there have been no reports of unusual or significant handling or stowability problems. Liability As with other types of furniture, these articles may be inherently susceptible to damage, particularly when not packaged in accordance with the NMFC s packaging requirements. However, responding carriers reported minimal claims. No value information was obtained, and the remaining liability elements do not significantly impact the evaluation of these products. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 20, Page 2 of 3

99 SUBJECT 20 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 dentists or opticians cabinets range in density from 2.00 to pcf, with an average density of 7.12 pcf, and the preponderance of density figures concentrated around the overall average. Additionally, no unusual or significant negative handling, stowability or liability considerations were identified. An average density of 7.12 pcf is generally associated with class 125 under CCSB density guidelines, which call for a minimum average density of 7 pcf. This proposal would assign class 125 to item in lieu of the current class 85. A similar approach was taken on Docket , Subject 6 (February 2018), involving item for aluminum cookware or bakeware. No significant handling, stowability or liability concerns were reported, and, as such, density was determined to be the primary transportation characteristic. As with dentists or opticians cabinets, aluminum cookware or bakeware exhibited a wide range of densities from 0.57 to pcf with a significant concentration of density observations almost 78% clustered around the overall average density of 7.42 pcf. Based on the information of record, and in keeping with CCSB guidelines, that proposal was approved as docketed, assigning class 125, and the change first appeared in Supplement 1 to NMF 100-AR, effective April 28, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 20, Page 3 of 3

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101 SUBJECT 21 Re: Playground Apparatus CCSB Contact: Matthew S. Erim Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class ATHLETIC GOODS GROUP: subject to item Apparatus, household or home playground, steel, KD flat, see Note, item 15512, in packages NOTE Applies only on rocking or revolving seats; swings; slides; see-saws; platforms or ladders; or chains and bars or rings; without or with suspending or supporting members or stands. Parts or accessories may be of materials other than steel providing the weight thereof does not exceed 10 percent of the total weight of the article. Does not apply on adult lawn swings (swings with platforms or supporting frames for seating two or more adults) nor on swimming pool equipment or accessories, nor on sandboxes or molded plastic horses Athletic or Sporting Goods, viz.: Playground Apparatus, NOI, see Note, item 15525; [Other Articles Listed Not Involved.] In boxes, crates or drums, see Note, item 15522, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE The following departures from packing requirements are permitted: 1. Playground apparatus may be shipped loose or in packages Not Involved NOTE Not Involved NOTE Not Involved NOTE Not Involved. Subject 21, Page 1 of 4

102 SUBJECT 21 Proposed Classification Provisions Item Description Class ATHLETIC GOODS GROUP: subject to item Apparatus, household or home playground, steel, KD flat, see Note, item 15512, etc... Cancel; see item NOTE Cancel; no further application Athletic or Sporting Goods, viz.: Playground Apparatus, NOI, see Note, item 15525; [Other Articles Listed No Change.] In boxes or crates, see Note, item 15522, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE The following departures from packing requirements are permitted: 1. Playground apparatus may be shipped in packages No Change NOTE No Change NOTE No Change NOTE No Change. Analysis This proposal is in response to a report brought to the CCSB that the provisions of item 15510, which apply on shipments of steel, KD flat, household or home playground apparatuses, and the attendant Note, item 15512, are a source of interpretation issues and may be improperly applied. The CCSB s review found that shipments moving under item exhibited transportation characteristics inconsistent with the currently assigned class 70. Hereinafter, these products will be referred to as steel playground apparatuses. History of Provisions Item and attendant Note, item were established as a result of action taken on Subject 53 of Docket 122 (January 1966) and first appeared in Supplement 16 to NMFC A-8, effective July 12, The provisions have remained substantially unchanged to the present. Subject 21, Page 2 of 4

103 SUBJECT 21 About Steel Playground Apparatuses Item applies on shipments of certain kinds of steel, KD flat, playground apparatuses, as described in Note, item 15512, that are intended to be placed in a household setting. Although commercial grade playground equipment may be made of steel, household playground apparatuses are increasingly made from plastic or wood 1. Examples of the involved products are shown below. Transportation Characteristics Density Information of record on steel playground apparatuses includes 11,029 density observations obtained from the CCSB s Density Study 2. The densities range from 1.00 to pcf, with an overall average density of pcf. The densities are distributed throughout the range. Handling and Stowability The provisions of item require shipments of the involved articles to be tendered to the carrier in packages. There have been no reports of any unusual or significant handling or stowability problems. Liability The involved commodities are not perishable, unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor do they appear likely to damage other freight. Responding carriers reported minimal to no claims for the involved articles. No information was obtained on the value per pound of these commodities. Relationship to CCSB Policies and Guidelines CCSB policy calls for the establishment or amendment of classifications for commodities that are a source, or potential source, of interpretation disputes so as to eliminate or avoid those disputes. CCSB policy also calls for provisions to reflect a commodity s known transportation characteristics. The provisions of item 15510, naming steel, KD flat, household or home playground apparatuses, have been the source of interpretation inquiries vis-à-vis the full-scale density provisions of item 15520, naming Playground Apparatus, NOI. Information of 1 (accessed March 2018) 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 21, Page 3 of 4

104 SUBJECT 21 record indicates that steel playground apparatuses range in density from 1.00 to pcf, with an overall average density of pcf. The densities are distributed throughout the range, and there have been no reports of unusual or significant negative handling, stowability or liability considerations. In light of these characteristics, and to address the interpretation issues, this proposal would cancel item with reference to item Concurrently, Note, item would be canceled as having no further application. Additionally, there is no indication that athletic or sporting goods are currently being tendered in drums. Thus, the packaging reference to drums in item would be removed. Furthermore, to help ensure the products are 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, Note, item would be amended to no longer allow playground apparatuses to be shipped loose. Precedent for this approach can be found on Docket , Subject 16 (January 2017), involving tennis goods or sets. Based on the information of record, and in keeping with CCSB policy and precedent, that proposal was approved as docketed, and the item for tennis goods or sets was canceled with reference to the density-based provisions of item 15520, naming Athletic or Sporting Goods, NOI. The change first appeared in Supplement 1 to NMF 100-AQ, effective April 15, Based on the information of record, this proposal, as docketed, is consistent with CCSB policies and precedent. 3 Item provides the CCSB s standard 11-subprovision density scale, which includes reference to Item (Rule) 170, the inadvertence clause, and Item (Rule) 171, the bumping privilege. Subject 21, Page 4 of 4

105 SUBJECT 22 Re: Napkins or Tablecloths, cloth or fabric CCSB Contact: Larissa A. Franklin Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CLOTH, DRY GOODS, FABRICS OR TEXTILES GROUP: subject to item Dry Goods or Textiles, viz.: Bedspreads or Coverlets, NOI; Blankets, NOI; Cloths or Rags, cleaning, dusting, polishing or wiping, NOI, see Note, item 49391; Comforter or Duvet Covers; Curtains or Draperies, NOI; Diapers, cloth, NOI; Dry Goods or Textiles, NOI; Parts or Pieces, clothing, NOI, cut to size; Pillowcases or Pillow Shams, NOI; Sheets, NOI; Towels, NOI; Washcloths, NOI; In boxes or wrapped bales or rolls, 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 Napkins, table; or Tablecloths; cotton or cotton and synthetic fiber combined, woven, actual value not exceeding $3.50 per pound, see Note, item 49507, in bundles in boxes NOTE Shipper must certify on shipping orders and bills of lading at time of shipment that the actual value per pound of the property does not exceed $3.50. If the shipper fails to so certify the actual value per pound, item 49390, naming Dry Goods, NOI, will apply. Subject 22, Page 1 of 4

106 SUBJECT 22 Proposed Classification Provisions Item Description Class CLOTH, DRY GOODS, FABRICS OR TEXTILES GROUP: subject to item Dry Goods or Textiles, viz.: Dry Goods or Textiles, NOI; Napkins, table; Tablecloths; [Other Articles Listed No Change.] In boxes or wrapped bales or rolls, 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 Napkins, table; or Tablecloths; cotton or cotton and synthetic fiber combined, woven, actual value not exceeding $3.50 per pound, see Note, item 49507, etc... Cancel; see item NOTE Cancel; no further application. Analysis Research Project 1320 This proposal is based on the information developed through Research Project 1320, which was initiated in October 2017 to review the transportation characteristics of cloth or fabric table napkins and tablecloths. Cloth or fabric table napkins and tablecloths are named in item 49505, but the item is restricted as to material construction and value per pound. Those napkins and tablecloths that do not meet the material construction and value requirements of item are classified in item as Dry Goods or Textiles, NOI. The information of record relates to cloth or fabric table napkins and tablecloths reportedly moving under item Hereinafter, these products will be referred to as napkins and tablecloths. Subject 22, Page 2 of 4

107 SUBJECT 22 History of Provisions Item and Note, item were established as a result of action taken on Docket 791, Subject 19 (January 1979) and first appeared in Supplement 6 to NMF 100-F, effective August 18, The current wording of item and Note, item was established as a result of action taken on Docket 907, Subject 2 (November 1990), and the changes first appeared in Supplement 6 to NMF 100-Q, effective January 14, The provisions have remained substantially unchanged to the present. About Napkins and Tablecloths Napkins and tablecloths are pieces of cloth or fabric that are typically found in dining settings. Napkins are used during meals to wipe away excess food from the hands and mouth and as a barrier to protect clothing while eating. Tablecloths are primarily draped over tables for decoration or to protect the table s surface, especially during meals. Both napkins and tablecloths can vary in size, shape, material, color and pattern. Examples of the involved products are shown below. Transportation Characteristics Density The information of record includes 958 density observations obtained from the CCSB s Density Study 1. Napkins and tablecloths range in density from 2.00 to pcf, with an average density of pcf. The densities are widely spread throughout the range. Handling and Stowability Napkins and tablecloths are typically tendered in boxes secured on lift truck skids or pallets. There have been no reports of unusual or significant handling or stowability issues. 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 22, Page 3 of 4

108 SUBJECT 22 Liability Napkins and tablecloths are not perishable, unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor do they appear likely to damage other freight. Two carriers noted that there were no claims filed for item in Another carrier reported that there were no claims in January or February of No information regarding the value of napkins or tablecloths was obtained. Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Information of record indicates that napkins and tablecloths range in density from 2.00 to pcf, with an average density of pcf. No negative handling, stowability or liability considerations were identified and, as such, density is the governing characteristic in the assignment of classes. An average density of pcf is generally associated with class 100, which calls for a minimum average density of 9 pcf. However, CCSB policy further states that commodities exhibiting a wide density range not accurately reflected by a single overall average density may be assigned density-based classes, and where densities are distributed throughout the range, commodities may be assigned classes predicated on a full density scale. Canceling the provisions of item with reference to the full-scale density-based provisions of item , as proposed, is in keeping with CCSB policy. Furthermore, CCSB policy calls for combining item descriptions of related commodities, structuring descriptions for clarification and simplification, and providing uniformity in provisions addressing the same or similar circumstances. Napkins and tablecloths not meeting the material construction and value requirements of item are currently classified under item 49390, naming Dry Goods or Textiles, NOI. Canceling item with reference to item would thus group similar commodities together and would be in keeping with CCSB policy. Additionally, in the interest of clarity and uniformity, Napkins, table and Tablecloths would be added to the viz. listing in item Note, item would be canceled as having no further application. Precedent for this approach can be found in Subject 10 of Docket (May 2016), involving item for blankets. In that proposal, the provisions for blankets were canceled with reference to the full-scale density-based provisions of item 49390, and Blankets, NOI was added to the viz. listing in item The proposal was approved as docketed, and the change 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 policies and precedent. 2 Item provides the CCSB s standard 11-subprovision density scale, which includes reference to Item (Rule) 170, the inadvertence clause, and Item (Rule) 171, the bumping privilege. Subject 22, Page 4 of 4

109 SUBJECT 23 Re: Obsolete Provisions Items 27980, 27990, 27995, 28000, 62262, and CCSB Contact: Lisa K. O Donnell Telephone (703) odonnell@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class BOOTHS: subject to item Telephone, aluminum or aluminum combined with steel or fiberboard wallboard, with or without glass panels, NOI: Sub 1 SU, in boxes or crates or wrapped in quilted shipping pads Sub 2 KD, in boxes or crates Telephone, cluster type, mounted on a post or pedestal, SU, in crates Telephone, wall, post or pedestal-mounting shelf or enclosure type, metal, with or without backboards, glass or plastic inserts, panels, canopies or caps, with or without equipment of lighting fixtures, bulbs or fluorescent tubes, see Note, item 27997: Sub 1 Depth of booth exceeding 12 inches, without post or pedestal, in boxes, or with post or pedestal detached and in same box Sub 2 Depth of booth not exceeding 12 inches, without post or pedestal, in Sub 3 boxes, or with post or pedestal detached and in same box Depth of booth not exceeding 12 inches, mounted on a post or pedestal attached to a baseplate, in Package NOTE The depth measurement refers to the measurement from the back of the booth to the front of the booth and does not include any post or pedestal measurement Telephone, steel, NOI, in boxes or crates: Sub 1 SU Sub 2 KD ELECTRICAL EQUIPMENT GROUP: subject to item Housings, coin-operated telephone, wall-mounting, insert-type, with or without shelf, metal, in boxes Subject 23, Page 1 of 6

110 SUBJECT 23 Present Classification Provisions Concluded Item Description Class ELECTRICAL EQUIPMENT GROUP: subject to item Telephones, Telephone Parts and Related Articles, viz.: Telephone Parts, NOI, including Telephone Housings or Telephone Set Dialing Apparatus Dust Covers; [Other Articles Listed Not Involved.] In boxes or crates, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE Not Involved. OUTFITS GROUP: subject to item Telephone Construction or Repair (automobiles with equipment of ladders, tools, construction or repair materials) Package 2307 SHIPPING CONTAINER: A five panel folder of 350 pound test corrugated fiberboard. Inner Forms Scored and folded support forms constructed of corrugated fiberboard testing 275 pounds positioned to support housing and secured to walls of folder. GROSS WEIGHT: Not to exceed 235 pounds. UNITED INCHES: Not to exceed 110 united inches. Proposed Classification Provisions Item Description Class BOOTHS: subject to item Telephone, aluminum or aluminum combined with steel or fiberboard wallboard, with or without glass panels, NOI, etc... Cancel; believed to be obsolete Telephone, cluster type, mounted on a post or pedestal, etc Cancel; believed to be obsolete Telephone, wall, post or pedestal-mounting shelf or enclosure type, metal, etc... Cancel; believed to be obsolete Subject 23, Page 2 of 6

111 SUBJECT 23 Proposed Classification Provisions Concluded Item Description Class BOOTHS: subject to item NOTE Cancel; no further application Telephone, steel, NOI, etc... Cancel; believed to be obsolete ELECTRICAL EQUIPMENT GROUP: subject to item Housings, coin-operated telephone, wall-mounting, insert-type, etc... Cancel; believed to be obsolete Telephones, Telephone Parts and Related Articles, viz.: Telephone Parts, NOI, including Telephone Housings; [Other Articles Listed No Change.] In boxes or crates, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Subs 1-11 No Change NOTE No Change. OUTFITS GROUP: subject to item Telephone Construction or Repair (automobiles with equipment of ladders, tools, construction or repair materials)... Cancel; believed to be obsolete Cancel; no further application. Analysis Package 2307 Provisions for telephone booths made of aluminum or aluminum combined with steel or fiberboard wallboard, as named in item 27980, were established as a result of action taken on Docket 63, Subject 85 (March-April 1954) and first appeared in Supplement 7 to NMFC A-2, effective February 1, 1955, at the current class 200 for SU booths and class 100 for KD booths. Provisions for cluster-type telephone booths, mounted on a post or pedestal, SU, as named in item 27990, were established as a result of action taken on Docket 795, Subject 12 (July 1979) and first appeared in Supplement 7 to NMF 100-G, effective August 16, 1980, at the current class 300. Provisions for wall, post or pedestal-mounting shelf or enclosure type telephone booths made of metal, as named in item 27995, Package 2307, designed specifically for these types of telephone booths, and wall-mounting, insert-type, coin-operated telephone housings, as named in item 62262, were established as a result of action taken on Docket 781, Subjects 62 and 68 (January 1978) and first appeared in Supplement 1 to NMF 100-E, effective May 5, The provisions of items and were established at the current classes. Subject 23, Page 3 of 6

112 SUBJECT 23 Provisions for telephone booths made of steel, as named in item 28000, were adopted from the rails and first appeared in LTL-1, effective April 1, SU booths were assigned a rating equivalent to class 150 and KD booths were assigned a rating equivalent to the current class 70. A rating equivalent to the current class 100 for SU booths was established as a result of action taken on Docket 5, Subject 37 (January-February 1938) and first appeared in Supplement 7 to NMFC No. 3, effective October 10, Provisions for telephone set dialing apparatus dust covers, currently listed with telephones, telephone parts and related articles in item 63300, were established as a result of action taken on Docket 812, Subject 40 (March 1981) and first appeared in Supplement 9 to NMF 100-H, effective October 10, The provisions for telephone construction or repair outfits, as named in item , first appeared in Supplement 2 to NMFC No. 6, effective April 30, 1942, at a rating equivalent to the current class 150. The involved classification provisions are for commodities associated with using, maintaining, installing or repairing landline telephones. The advent of handheld, mobile telephones in the late 1990s led to the steep decline in the use of landline telephones, including payphones 1. Images of the involved products are shown below and on the following page. Item 27980, aluminum phone booth Item 27990, post or pedestal mounted cluster-type phone booth Item 27995, shelf or enclosure-type telephone booth Item 28000, steel phone booth 1 More than one-half of homes in the United States (52.5%) had only wireless telephones during the first half of 2017 an increase of 3.2 percentage points since the first half of In 1995, there were over 2 million working payphones in the United States; whereas in 2016 there remained just 152,716 working payphones. (accessed March 2018). Subject 23, Page 4 of 6

113 SUBJECT 23 Item 62262, wallmounting, inserttype, coin-operated telephone housing 2 Vacuum-formed plastic shield protects electrical components of dialing buttons Item 63300, telephone set dialing apparatus dust covers Item , telephone construction or repair outfits 3 Internet searches conducted to find current domestic manufacturers or shippers of these commodities show that, although telephone booths and payphones may be purchased online, they are sold either as antiques or as replicas and, as such, would unlikely be shipped via LTL motor carrier service. s of inquiry regarding the manufacturing and distribution of these commodities sent to potential associations of interest have remained unanswered. Additionally, the CCSB s Density Study 4 from 2015 to 2018 reveals little movement under the involved items as demonstrated in the table below, indicating that the provisions may be obsolete 5. A review of the CCSB s internal files indicates that the limited number of observations may be a result of misclassification 6. Item CCSB Density Observations (Since 2015) Photo shows a telephone housing with electrical and mechanical components. Only the housing would be classified in item Information provided by a current Verizon mechanic indicates that the components that comprise the outfits or assemblies described in item are shipped separately and combined on site. 4 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. 5 Except for telephone set dialing apparatus dust covers, the provisions of item are not believed to be obsolete. Consequently, item is not shown in the table. 6 In fact, the description of the freight on three of the density observations for item listed photo booth. Subject 23, Page 5 of 6