Re: Dressing or Stuffing, bread base, Bread Crumbs, Bread Cubes or Croutons, or Dust or Meal, biscuit, cracker or matzo

Transcription

1 Re: Dressing or Stuffing, bread base, Bread Crumbs, Bread Cubes or Croutons, or Dust or Meal, biscuit, cracker or matzo CCSB Contact: Allison L. Austin Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FOODSTUFFS GROUP: subject to item Dressing or Stuffing, bread base, with or without other ingredients, dry; or Bread Crumbs, other than dust or meal; or Bread Cubes or Croutons; in boxes or Packages 1000, 1500 or Dust or Meal, biscuit, cracker or matzo; or Bread Crumbs, in dust or meal form; in bags, boxes or Package Proposed Classification Provisions Item Description Class FOODSTUFFS GROUP: subject to item Dressing or Stuffing, bread base, with or without other ingredients, dry; or Bread Crumbs; Bread Cubes or Croutons; or Cracker or Matzo Meal; in bags, boxes or Packages 1000, 1500 or 2445, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 10 or greater Dust or Meal, biscuit, cracker or matzo; or Bread Crumbs, in dust or meal form, etc.... Cancel; see item Analysis Research Project 1174 This proposal is based on information developed through Research Project 1174, pertaining to bread-base dressing or stuffing, bread crumbs, bread cubes or croutons, or biscuit, cracker or matzo dust or meal. Hereinafter these products will be referred to as bread crumbs or croutons. Research Project 1174 was initiated in December 2012 to investigate the transportation characteristics of bread crumbs or croutons. During the course of research, 60 potential manufacturers or shippers and four trade associations believed to represent those companies were sent commodity questionnaires in February, and for those that did not respond, again in April of 2013, inviting them to participate in the research. One company responded that they did not manufacture or ship the involved articles, and seven companies provided at least some information; however, not all of the information was usable. Of the four associations 2013 National Motor Freight Traffic Association, Inc. Subject 8, Page 1 of 6

2 contacted, one responded that they did not represent manufacturers or shippers of the involved products. No response was received from the remaining associations. History of Provisions The provisions of item for dressing or stuffing, bread crumbs, other than dust or meal, or bread cubes were established at the current class 85 as a result of action taken on Docket 96, Subject 32 (November 1960). Information on that record pertaining to dressing or stuffing products revealed a range in density from 6.40 to pcf, with an average of pcf. No significant handling, stowability or liability issues were identified, with values ranging from $0.33 to $0.44 per pound (in 1960 dollars). That proposal was approved as modified, and the provisions first appeared in Supplement 11 to NMFC A-5, effective August 1, The term croutons was added for clarification as a result of action taken on Docket 907, Subject 15 (November 1990) and first appeared in Supplement 6 to NMF 100-Q, effective January 14, The provisions have remained substantially unchanged to the present. Provisions for biscuit, cracker or matzo dust or meal, as named in item 72815, were adopted from the rail classification in The current class was established as a result of action taken on Docket 85, Subject 89 (September 1958). Information on that record indicated densities ranged from to pcf. There was no evidence of handling, stowability or liability problems, with values ranging from $0.08 to $0.14 per pound (in 1958 dollars). In consideration of competition (a factor that is no longer properly considered in the classification of motor freight) between the biscuit, cracker or matzo dust or meal and flour or corn meal industries, the proposal was approved as modified at the current class 50. The change first appeared in Supplement 11 to NMFC A-5, effective August 1, The term bread crumbs, in dust or meal form was subsequently added for clarification as a result of action taken on Docket 105, Subject 37 (September 1962) and first appeared in Supplement 13 to NMFC A-6, effective February 15, The provisions have remained substantially unchanged to the present. About Bread Crumbs or Croutons The information of record encompasses a variety of dry, bread-based products, including dressing or stuffing, bread crumbs, croutons and cracker meal. These products are intended for an assortment of uses, from topping or mixing in prepared foods to coating or acting as binding or thickening agents. As shown in the examples on the following page, the involved articles may range in size from cubes or large chunks to finely ground powder. Generally, these products have individual market representations that allow for separate categorical identification. However, over the years, interpretation questions have been raised concerning what constitutes bread crumbs, in dust or meal form versus bread crumbs, other than dust or meal, as named in items and 72810, respectively. Classification opinions have attempted to differentiate between the two forms on the basis of consistency; whether the bread crumb is a small fragment of bread or a ground or powdery type of bread. Subject 8, Page 2 of National Motor Freight Traffic Association, Inc.

3 Transportation Characteristics Density Overall, the information of record encompasses 3,461 density observations from a variety of sources, including shipper- and carrier-supplied data, CCSB dock surveys, and the CCSB s Density Study 1. The densities range from 1.16 to pcf, with an average density of 8.06 pcf. The frequency distribution provided below shows that the densities are distributed throughout the range. Overall Frequency Distribution % of Figures in Interval 50.00% 45.00% 40.00% 35.00% 30.00% 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% 42.27% 29.36% 8.87% 5.40% 0.00% 0.03% 1.94% 1.82% 3.41% 5.49% 1.42% Density Intervals (pcf) When the data is evaluated by item, bread crumbs or croutons reported to be moving under item were found to range in density from 1.16 to pcf, with an average 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 National Motor Freight Traffic Association, Inc. Subject 8, Page 3 of 6

4 density of 6.62 pcf. The frequency distribution below shows that over 94% of the figures fall between 2 and 10 pcf. Frequency Distribution for Item % of Figures in Interval 50.00% 45.00% 40.00% 35.00% 30.00% 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% 6.01% 0.00% 0.03% 46.63% 32.01% 9.38% 1.80% 1.29% 1.93% 0.45% 0.48% Density Intervals (pcf) Products reported to be moving under item were found to range in density from 4.90 to pcf, with an average density of pcf. As depicted in the frequency distribution below, almost 87% of the figures are 10 pcf or greater. Frequency Distribution for Item % of Figures in Interval 60.00% 50.00% 40.00% 30.00% 20.00% 10.00% 0.00% 16.62% 0.00% 0.00% 0.00% 3.44% 5.73% 4.30% 3.15% 6.59% 50.43% 9.74% Density Intervals (pcf) Subject 8, Page 4 of National Motor Freight Traffic Association, Inc.

5 When all of the data is evaluated on the basis of the proposed density break at 10 pcf, the following ranges and averages are calculated. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than or greater Handling and Stowability Bread crumbs or croutons are generally tendered in fiberboard boxes 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. Liability Bread crumbs or croutons are not likely to damage other freight, but they may be damaged by freight with which stowed or by the elements. As with other foodstuffs, these products require extra care or attention to avoid contamination. One carrier reports a claims ratio of 0.28% for product shipments moving under item Responding shippers indicate minimal to no claims on these commodities. Limited value information reveals a range from $2.14 to $10.47 per pound, with an average value of $5.54 per pound. Relationship to CCSB Policies and Guidelines CCSB policy calls for amending provisions that are a source, or potential source, of interpretation disputes so as to eliminate or avoid those disputes. Over the years, there have been interpretive difficulties when determining what constitutes bread crumbs, in dust or meal form, versus bread crumbs, other than dust or meal, resulting in potential misclassification of the products. While considerable variances are found in the density concentrations of items and 72815, as shown in the frequency distributions on page 4, there is no definitive differentiation that can be applied within the NMFC regarding these products. As such, to address the interpretation issues, and in the interest of clarification and simplification, it would be within CCSB policy to combine these descriptions embracing related commodities. Under this proposal, the provisions of item would be canceled with reference to item Concurrently, the description of item would be amended to include a single reference to Bread Crumbs and a reference to Cracker or Matzo Meal. References to biscuit and dust would be removed to better reflect current terminology. Additionally, CCSB policy calls for classification provisions to reflect a commodity s known transportation characteristics. The overall information of record for bread crumbs or croutons shows densities ranging from 1.16 to pcf, with an average density of 8.06 pcf. Per CCSB density guidelines, an average density of 8.06 pcf is generally associated with a class 110, which calls for a minimum average density of 8 pcf. CCSB policies further state that when commodities exhibit a wide range in density that is not accurately reflected by a single class, density-based provisions may be established. When the data of record is further evaluated by applicable item, as shown in the frequency distributions on page 4, two spikes, or clusters, of densities within the overall density range emerge. As shown in the table on the following page, the data can be divided into two density groupings of less than 10 pcf, and 10 pcf or greater, with classes reflective of the average density of each respective grouping National Motor Freight Traffic Association, Inc. Subject 8, Page 5 of 6

6 Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Class Adjustment Less than or greater Since the average density of 5.99 pcf approaches the minimum average density of 6 pcf for class 150, it would be in keeping with CCSB precedent to adjust the class as shown for bread crumbs or croutons having a density of less than 10 pcf 2. Therefore, to address the interpretation issues, while providing classes reflective of the current transportation characteristics, it would be within CCSB policy and precedent to amend item to provide classes predicated on density, with a single density break at 10 pcf 3. A similar approach was taken on Docket , Subject 5 (June 2013), involving nutritional or snack bars, as named in item No significant negative 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 2.47 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 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. 2 Classification precedent can be found on Docket , Subject 10 (May 2012) for protective packing forms, as named in item Item was amended to provide classes predicated on density, with breaks at 6 and 12 pcf, based on the respective average densities and density guidelines. However, while the average density of the 6 but less than 12 pcf group was 7.97 pcf, which would generally call for a class 125 under the density guidelines, a class 110 was approved as the average density approached the 8 pcf minimum average density for class 110. That proposal was approved as docketed, and the provisions first appeared in Supplement 2 to NMF 100-AL, effective July 21, The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 8, Page 6 of National Motor Freight Traffic Association, Inc.