DOCKET JANUARY 2017

Transcription

1 DOCKET JANUARY 2017 A public meeting on National Motor Freight Classification provisions will be held on January 31, 2017 at: Omni Tucson National Resort 2727 West Club Drive Tucson, Arizona ISSUED: December 29, 2016

2 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET On Tuesday, January 31, 2017, the Commodity Classification Standards Board (CCSB) will conduct a public meeting to consider proposals for amending the National Motor Freight Classification (NMFC ). The meeting will be held at the Omni Tucson National Resort, 2727 West Club Drive, Tucson, Arizona 85742, commencing at 11:00 am Mountain Time. Section I of this docket provides the CCSB analyses for proposed amendments that will be considered at the meeting. Each analysis includes the full text of the proposal, the CCSB contact and the identity of the proponent. Section II of this docket provides notice of classification changes made necessary by law, by order of a regulatory body, or for clarification, simplification or uniformity. The symbol indicates a proposed classification change. The symbol indicates that the commodities may be subject to federal regulations concerning the shipping of hazardous materials. The symbol indicates a registered trade name or registered trademark. The symbol indicates a trademark. Public Docket Files Supporting data and other relevant information pertaining to each proposal in Section I herein are contained in a Public Docket File. The public files are available online without charge at They are organized by docket and subject numbers. Anyone who does not have Internet access can obtain the public docket file for a particular proposal from the CCSB contact, subject to a charge for copying and transmitting the document(s) requested. Commodity Classification Standards Board ccsb@nmfta.org Chairman Joel L. Ringer Vice Chairman William F. Mascaro Member George M. Beck Member Daniel E. Horning Member Donald A. Newell Member Nathan D. Ripke Member/Packaging Consultant Erin N. Topper Counsel John R. Bagileo Page i

3 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET The Commodity Classification Standards Board invites all interested persons to participate in the classification process. Anyone having an interest in a proposal listed in this docket may attend the meeting on January 31, 2017, and/or communicate that interest in writing by mail, or fax prior to the meeting. Such Interested Persons will be notified of the CCSB s disposition of the proposal. To become a Party of Record to a proposal herein, one must communicate an interest in writing by mail, or fax, and must submit pertinent information relating to the transportation characteristics of the product(s) involved, or relevant to packaging materials or methods in connection with proposed packaging amendments, and it must be received no later than 5:00 pm Eastern Time, January 20, 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, January 20, 2017, will be included in the respective public docket file and posted on our website. The CCSB s decision on each proposal will be based on the information in the public docket file. Statements and other materials received by the CCSB after 5:00 pm Eastern Time, January 20, 2017, will not be part of the public docket file. Our address is: Commodity Classification Standards Board, 1001 North Fairfax Street, Suite 600, Alexandria, Virginia 22314, and our fax number is: Written statements may also be ed to the CCSB contact involved. To schedule an appearance at the meeting, or if you require further information, please get in touch with the CCSB contact. Anyone requesting assistance in accordance with the Americans with Disabilities Act will be accommodated. The CCSB s policies and procedures as well as other information on the CCSB and the National Motor Freight Traffic Association are available online at Amendments to the National Motor Freight Classification resulting from the proposals in this docket will be published in a supplement to the NMFC, unless reconsideration is granted in accordance with the CCSB s rules. The supplement is scheduled to be issued on March 16, 2017, with an effective date of April 15, Future CCSB Dockets Docket Docket Docket Closing Date March 23, 2017 July 13, 2017 Docket Issue Date April 20, 2017 August 10, 2017 Deadline for Written Submissions and to Become a Party of Record May 12, 2017 August 31, 2017 CCSB Meeting Date May 23, 2017 September 12, 2017 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 Bats, baseball, softball or cricket, other than hollow plastic Box Toe Boards Bulbs, glass, incandescent electric lamp, without metal fittings, and not containing filaments or gases C Carpets, Carpeting or Carpet Remnants... 7 Copper Extractants, other than corrosive... 4 E Earbuds or Earphones, disposable, not packaged for retail sale... 9 F Featherbone, other than steel Fibers, NOI Fittings, pipe or tubing, aluminum... 6 H Headphones or Headsets, disposable, not packaged for retail sale... 9 Hog Oilers, cast aluminum K Kitchen Hand Tools Kitchens or Kitchen Islands, outdoor... 8 L Ladders... 1 Lamps (Lightbulbs), electric, sealed beam M Mailing Machines N Napkin Paper... 5 Nubs, cotton, wool or synthetic fiber O Oilers, hog, cast aluminum Original Works of Art... 3 P Package Paintings... 3 Pegs, boot or shoe, wooden Pictures... 3 Pipe, aluminum... 6 Pipe, brass, bronze or copper, insulated or jacketed, in coils, including Line Sets Poisonous Materials Labeling Notes, Items and Posters, printed, other than advertising... 3 Presses, screen printing (Screen Presses or Screen Printers) R Reagents, copper extraction, other than corrosive... 4 Reinforcement, garment, other than steel Rugs... 7 S Screen Printing Presses (Screen Presses or Screen Printers) Smoke Jacks, railway car, iron Stations, food preparation, indoor... 8 Stepladders... 1 Switchboards, electrical... 2 T Tables, food preparation, indoor... 8 Tennis Goods or Sets Toilet Paper... 5 Tools, hand, kitchen Toweling, paper... 5 Toxic Materials Labeling Notes, Items and Tubing, aluminum... 6 Tubing, brass, bronze or copper, insulated or jacketed, in coils, including Line Sets V Vermiculite Page iii

5 SUBJECT 1 Re: Ladders CCSB Contact: Daniel E. Horning Telephone (703) horning@nmfta.org William F. Mascaro Telephone (703) mascaro@nmfta.org Allison L. Austin Telephone (703) austin@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class LADDERS: Aluminum, with safety cages or hoops attached, in packages, see Note, item Aluminum or Magnesium, or Aluminum or Magnesium Alloy, separate or combined with wood, steel or plastic, NOI, see Note, item , in packages, see Notes, items and NOTE Safety locks must be secured to side rails of ladder with reinforced tape. Exposed wheel spurs or ice pick plates must be covered by protective material Boat Boarding, metal or wood, separate or combined, or metal with plastic steps, in boxes Ladders, emergency escape, residential type, aluminum and steel combined, collapsed, see Note, item , in bundles NOTE Applies only on ladders having side rails and rungs collapsed and folded parallel to each other, designed for permanent attachment to the side of residential buildings Ladders, fire escape, consisting of steel chain with tubular steel rungs and supporting brackets, in boxes Ladders, folding, aluminum, with hinged rungs folded within side rails, in boxes Ladders, scaffold access, steel, see Note, item , in packages, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 30 or greater NOTE Applies only on access ladders or ladder sections which are designed to be affixed to the scaffold by means of ladder brackets, pins or hooks Multipurpose, folding, aluminum or steel, NOI, see Note, item , in packages NOTE Applies on articulated ladders equipped with hinges which can be locked to configure the ladder in several positions Rolling Shelf, without track, track fixtures or ladder fixtures, or with track, track fixtures or ladder fixtures in same package, in packages Rope, or Rope with Metal or Wooden Rungs, in packages Steel, with safety cages or hoops attached, in packages, see Note, item Steel, NOI, in packages, see Note, item Subject 1, Page 1 of 15

6 SUBJECT 1 Present Classification Provisions Continued Item Description Class LADDERS: subject to item Step Stools, steel, folded to a thickness not exceeding one inch, in boxes Stepladders, industrial, metal, wheel or caster type, see Note, item , wrapped or in packages, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 or greater NOTE Applies only on ladders having two or more steps, such as used for maintenance or stockroom work Stepladders, NOI, see Note, item , in packages, see Note, item : Sub 1 Aluminum or magnesium, or aluminum or magnesium alloy, separate or combined with wood, steel or plastic, see Notes, items and Sub 2 Steel or wood, separate or combined: Sub 3 SU or folded, see Note, item Sub 4 Completely taken apart (unassembled) NOTE Exposed spreaders or outside hinges must be secured to side rails of ladder with reinforced tape. Stepladders must have a retaining device to maintain alignment of side rails NOTE Wooden stepladders having tops which overhang side rails must be protected by a corrugated fiberboard top cap extending at least six inches from top of ladder. Top cap must be firmly affixed by staples, reinforced tape or be slotted so as to form an interlocking assembly. Exposed spreaders or outside hinges must be secured to side rails of ladder with reinforced tape NOTE Does not apply on fiberglass ladders (ladders with fiberglass side rails) with or without components of other materials. For applicable classes, see item , Plastic Articles, NOI, other than expanded NOTE Also applies on ladders represented as Trestles, Ladder Trestles or Trestle Ladders used to support scaffold planking or staging. Subject 1, Page 2 of 15

7 SUBJECT 1 Present Classification Provisions Continued Item Description Class LADDERS: subject to item Swimming Pool, in boxes: Sub 1 Aluminum or aluminum and wood or plastic combined: Sub 2 KD flat Sub 3 Taken apart with steps or rungs disassembled from side rails Sub 4 Steel, combined or not combined with other materials: Sub 5 KD, other than with steps or rungs disassembled from side rails Sub 6 Taken apart with steps or rungs disassembled from side rails Sub 7 Wood: Sub 8 Taken apart with steps or rungs disassembled from side rails Sub 9 KD, other than with steps or rungs disassembled from side rails Wood or Wood and Steel combined, NOI, in packages, see Notes, items and NOTE When shipped on lift truck skids or pallets ladders must be secured on and must not overhang the lift truck skid or pallet. PLASTIC OR RUBBER ARTICLES, OTHER THAN EXPANDED, GROUP: subject to item Articles, viz.: Articles, NOI; [Other Articles Listed Not Involved.] In boxes, crates, drums or Packages 870, 1078, 1241, 1273, 1456, 2195, 2212, 2213, 2230 or 2459, see Note, item , subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater Subject 1, Page 3 of 15

8 SUBJECT 1 Present Classification Provisions Concluded Item Description Class NOTE The following departures from packing requirements are permitted: Not Involved. 15. Fiberglass extension ladders must be protected at both ends with a 12-inch or longer sleeve or end cap made of fiberboard, securely fastened by tape, strapping or similar means. Stepladders must have a top cap and rail cover made of fiberboard or shrink wrap, extending a minimum of 12 inches on the rail. Additionally, when shipped on lift truck skids or pallets extension ladders and stepladders must be secured on and must not overhang the lift truck skid or pallet deck Not Involved NOTE Not Involved NOTE Not Involved. Proposed Classification Provisions Item Description Class LADDERS GROUP: Aluminum, with safety cages or hoops attached, etc... Cancel; see item M-NEW Aluminum or Magnesium, or Aluminum or Magnesium Alloy, separate or combined with wood, steel or plastic, NOI, etc Cancel; see item F-NEW NOTE Cancel; see item G-NEW Boat Boarding, metal or wood, separate or combined, or metal with plastic steps, etc... Cancel; see item A-NEW A-NEW Ladders, boat boarding, metal or wood, or metal with plastic steps, in boxes Ladders, emergency escape, residential type, aluminum and steel combined, collapsed, etc... Cancel; see item B-NEW NOTE Cancel; see item C-NEW. B-NEW Ladders, emergency escape, residential type, aluminum and steel combined, collapsed, see Note, item C-NEW, in bundles C-NEW NOTE Applies only on ladders having side rails and rungs collapsed and folded parallel to each other, designed for permanent attachment to the side of residential buildings Ladders, fire escape, consisting of steel chain with tubular steel rungs and supporting brackets, etc... Cancel; see item D-NEW D-NEW Ladders, fire escape, consisting of steel chain with tubular steel rungs and supporting brackets, in boxes Subject 1, Page 4 of 15

9 SUBJECT 1 Proposed Classification Provisions Continued Item Description Class LADDERS GROUP: subject to item Ladders, folding, aluminum, with hinged rungs folded within side rails, etc... Cancel; see item E-NEW E-NEW Ladders, folding, aluminum, with hinged rungs folded within side rails, in boxes F-NEW Sub 1 Ladders or Stepladders, NOI, in packages, see Note, item G-NEW: Greatest dimension exceeding 192 inches, 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 Greatest dimension exceeding 96 inches but not exceeding 192 inches, subject to Item 170 and having a density in pounds per cubic foot of: Sub 5 Less than Sub 6 6 or greater Sub 7 Greatest dimension not exceeding 96 inches, subject to Item 170 and having a density in pounds per cubic foot of: Sub 8 Less than Sub 9 6 or greater G-NEW NOTE Ladders or stepladders must be protected at both ends with a 12-inch or longer sleeve or end cap made of fiberboard, securely fastened by reinforced tape, strapping or similar means. Exposed spreaders or outside hinges must be secured to side rails with reinforced tape. Ladders or stepladders must have a retaining device to maintain alignment of side rails. Additionally, when shipped on lift truck skids or pallets ladders or stepladders must be secured on and must not overhang the lift truck skid or pallet deck. H-NEW Ladders, rolling shelf, without track, track fixtures or ladder fixtures, or with track, track fixtures or ladder fixtures in same package, in packages I-NEW Ladders, rope, or rope with metal or wood rungs, in packages Ladders, scaffold access, steel, etc... Cancel; see item J-NEW NOTE Cancel; see item K-NEW. J-NEW Ladders, scaffold access, steel, see Note, item K-NEW, in packages, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 30 or greater K-NEW NOTE Applies only on access ladders or ladder sections which are designed to be affixed to the scaffold by means of ladder brackets, pins or hooks. Subject 1, Page 5 of 15

10 SUBJECT 1 Proposed Classification Provisions Continued Item Description Class LADDERS GROUP: subject to item L-NEW Ladders, swimming pool, in boxes: Sub 1 Aluminum or aluminum and wood or plastic combined: Sub 2 KD flat Sub 3 Taken apart with steps or rungs disassembled from side rails Sub 4 Steel, combined or not combined with other materials: Sub 5 KD, other than with steps or rungs disassembled from side rails Sub 6 Taken apart with steps or rungs disassembled from side rails Sub 7 Wood: Sub 8 KD, other than with steps or rungs disassembled from side rails Sub 9 Taken apart with steps or rungs disassembled from side rails M-NEW Ladders, with safety cages or hoops attached, in packages, see Note, item N-NEW: Sub 1 Aluminum Sub 2 Steel N-NEW NOTE When shipped on lift truck skids or pallets ladders must be secured on and must not overhang the lift truck skid or pallet deck Multipurpose, folding, aluminum or steel, NOI, etc... Cancel; see item F-NEW NOTE Cancel; no further application Rolling Shelf, without track, track fixtures or ladder fixtures, or with track, track fixtures or ladder fixtures in same package, etc Cancel; see item H-NEW Rope, or Rope with Metal or Wooden Rungs, etc... Cancel; see item I-NEW Steel, with safety cages or hoops attached, etc... Cancel; see item M-NEW Steel, NOI, etc... Cancel; see item F-NEW Step Stools, steel, folded to a thickness not exceeding one inch, in boxes Stepladders, industrial, metal, wheel or caster type, see Note, item , in packages: Sub 1 Greatest dimension exceeding 192 inches Sub 2 Greatest dimension exceeding 96 inches but not exceeding 192 inches Sub 3 Greatest dimension not exceeding 96 inches NOTE No Change Stepladders, NOI, etc... Cancel; see item F-NEW NOTE Cancel; see item G-NEW NOTE Cancel; see item G-NEW NOTE Cancel; no further application NOTE Cancel; no further application. Subject 1, Page 6 of 15

11 SUBJECT 1 Proposed Classification Provisions Concluded Item Description Class LADDERS GROUP: subject to item Swimming Pool, etc... Cancel; see item L-NEW Wood or Wood and Steel combined, NOI, etc... Cancel; see item F-NEW NOTE Cancel; see items G-NEW and N-NEW. PLASTIC OR RUBBER ARTICLES, OTHER THAN EXPANDED, GROUP: subject to item Articles, etc... No Change NOTE The following departures from packing requirements are permitted: No Change. 15. Not currently used No Change NOTE No Change NOTE No Change. Analysis Research Project 1195 and Background of Proposal Subject 3 of Docket (January 2016) was a proposal based on the information developed through Research Project 1195, which was initiated in August The proposal sought to cancel and consolidate items , and , applying on aluminum, magnesium, steel or wood ladders, NOI, into a new entry, naming Ladders, NOI, other than plastic, with classes based on greatest dimension. Based on additional industry information received at the public meeting on January 26, 2016, at which matters noticed in Docket were considered, the proposal was withdrawn and research continued. The present proposal incorporates information provided by an interested party at the January 26, 2016 public meeting, as well as additional information developed from carriers, CCSB dock surveys and the CCSB s Density Study 1. It also expands upon the items initially considered in Docket , Subject 3 to include a review of the transportation characteristics of items , and , as well as plastic or fiberglass ladders as classified in item Hereinafter these products will be referred to as ladders or wheeled industrial stepladders. Additional changes are proposed to the ladders generic heading and items listed therein to promote clarification, simplification and uniformity. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 1, Page 7 of 15

12 SUBJECT 1 History of Provisions The provisions of item first appeared in Supplement 10 to NMFC No. 2, effective October 8, 1937, to remain rail competitive. As a result of action taken on Docket 81, Subject 59 (November 1957), Magnesium or Magnesium alloy was added to the description. The change first appeared in Supplement 24 to NMFC A-4, effective August 12, The provisions of item , including Note, item , were established as a result of action taken on Docket 925, Subject 8 (August 1992). Information from that record showed multipurpose ladders exhibited a range in density from 3.57 to 9.07 pcf, with an average of 6.98 pcf. Values were reported to range from $1.34 to $5.13 per pound, with an average of $2.98 per pound (in 1992 dollars). The provisions first appeared in Supplement 5 to NMF 100-S, effective October 1, Item was adopted from the rails and first appeared in LTL-1, effective April 1, The current class 85 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 current provisions of item and Note, item were established as a result of action taken on Docket , Subject 10 (November 2002). Information of record indicated a range in densities from 0.26 to 9.00 pcf, with an average of 1.60 pcf. The majority of the density figures were less than 4 pcf, and no distinctions were observed based on form of shipment or the presence of attached handrails. Values were reported to range from $1.23 to $26.04 per pound, with an average of $5.73 per pound (in 2002 dollars). The record also mentions the significant negative handling, stowability and liability traits associated with movements of these products. The provisions first appeared in Supplement 3 to NMF 100-AC, effective April 26, The provisions of item were adopted from the rails and first appeared in LTL-1, effective April 1, The basic description structure and current classes are the result of action taken on Docket 81, Subject 59 (November 1957). The provisions first appeared in Supplement 24 to NMFC A-4, effective August 12, Docket 928, Subject 6 (December 1992) established Note, item (also referenced by item ) to clarify that fiberglass ladders are classed under the provisions of item , Plastic Articles, NOI, other than expanded. These changes first appeared in Supplement 9 to NMF 100-S, effective February 27, Item was adopted from the rails and first appeared in LTL-1, effective April 1, 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, As a result of action taken on Docket , Subject 5 (October 2008), items , , and (as well as items and ) were amended to require that ladders be tendered in packages, as defined in Sec. 5 of Item (Rule) 680. Concurrently, an attendant Note (item ) was added requiring that ladders tendered on lift truck skids or pallets be secured to the skids or pallets and not overhang the decking. The changes first appeared in Supplement 4 to NMF 100-AH, effective January 10, Subject 1, Page 8 of 15

13 SUBJECT 1 About Ladders Ladders are commonly understood as climbing devices with a series of horizontal rungs or steps connected to vertical members called stringers or rails. There are many types of ladders with wide uses. They may be made of a variety of materials, including metal, wood, plastic, or a combination thereof. Examples of the ladders involved are shown below. Stepladder Multipurpose Ladder Extension Ladder Wheeled Industrial Stepladder Roof Access Ladder Transportation Characteristics Density The density observations of record are those reported under items , , , , and , as well as those observations identified as plastic or fiberglass ladders moving under item They include observations submitted by carriers and shippers, including the interested shipper from Docket , Subject 3, observed firsthand on CCSB dock surveys and gathered from the CCSB s Density Study. With respect to density observations from the identified items, other than wheeled industrial stepladders named in item , the record includes 33,844 density observations ranging from 0.36 to pcf, with an average density of 4.61 pcf. When the data is evaluated based on greatest dimension, where known, and a density break at 6 pcf, the following density ranges and averages are found. Greatest Dimension Exceeding 192 inches Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than or greater Subject 1, Page 9 of 15

14 SUBJECT 1 Greatest Dimension Density Group (pcf) Density Range (pcf) Average Density (pcf) Exceeding 96 inches but not exceeding 192 inches Less than or greater Greatest Dimension Not exceeding 96 inches Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than or greater The information of record on wheeled industrial stepladders named in item includes 113,549 density observations. The densities range from 0.23 to 7.03 pcf, with an average density of 2.14 pcf. When the data is evaluated based on greatest dimension, where known, the following density ranges and averages emerge. Greatest Dimension Density Range (pcf) Average Density (pcf) Exceeding 192 inches Exceeding 96 inches but not exceeding 192 inches Not exceeding 96 inches Handling Ladders may be tendered loose 2, secured on lift truck skids or pallets, wrapped in fiberboard or plastic film, or in boxes or crates. The method, or absence, of packaging can affect the handling of these commodities. For example, shipments have been observed with the ladder being tendered on multiple pallets, usually one on each end, as shown in the photo on the right, which complicates handling. Ladders, other than wheeled industrial stepladders, vary greatly in size, with reported lengths of up to 360 inches (30 feet), and an average length of approximately 11 feet. Wheeled industrial stepladders also vary in size, with reported greatest dimensions of up to 480 inches (40 feet). 2 While some ladders are shipped loose, neither the present provisions nor the proposed provisions authorize loose shipments. Subject 1, Page 10 of 15

15 SUBJECT 1 As the length increases, the handling into and out of the vehicle becomes considerably more difficult, and certain equipment, or additional personnel, may be necessary to handle these shipments 3. Furthermore, cross-dock operations can be affected as well, with maneuverability and storage issues arising as the length increases. Often, there is not enough room at carrier facilities to safely or easily handle and maneuver excessively long handling units. It should also be noted that in some instances shipments are labeled with precautionary markings or shipper instructions, such as Fragile or Please Handle With Care. Many shippers also provide specific guidance to carriers regarding how to handle ladders, as depicted in the picture on the right. These include not handling the ladder via forklift, which is contrary to current LTL motor carrier practice. Consequently, ladders will have to be handled manually, which can greatly increase the amount of time and personnel necessary to efficiently handle them. For example, one carrier reported that shipments of ladders will require two dockworkers to handle the loading and unloading due to the weight and length of the handling unit. That carrier further reported that when standard mechanical equipment is used, damage often occurs, resulting in a claim. Wheeled industrial stepladders present additional handling difficulties. As with other types of ladders, as the length increases, the difficulty in handling these ladders also increases. However, these products are typically tendered set up and, therefore, in addition to having one extreme dimension, they present a second extreme dimension, as shown in the photo on the right. These wheeled industrial stepladders will be difficult, if not impossible to handle efficiently with mechanical equipment and will most likely require manual handling. As a result, they will necessitate more than one person to safely handle and take additional time in cross-dock 3 Item (Rule) 568, for Heavy or Bulky Freight Loading or Unloading, employs the threshold limit of exceeding 8 feet (96 inches) in greatest dimension as the measurement at which the consignor will perform the loading and the consignee will perform the unloading. Subject 1, Page 11 of 15

16 SUBJECT 1 operations. The handling instructions label on the left depicts the extra requirements often placed on the carrier for these commodities. Such labels are indicative of the need for the carrier to handle these products in a manner that goes above and beyond the requirements for most general freight. Stowability As previously mentioned, ladders may be tendered loose, secured on lift truck skids or pallets, wrapped in fiberboard or plastic film, or in boxes or crates. The method, or absence, of packaging can greatly affect their stowability. Additionally, stowing product shipments longer than 96 inches may prove to be more difficult than general packaged freight, as they may impede the carrier s ability to structure the load. Depending on the length of the article, the carrier will have to ensure the availability of sufficient space to fit the freight in the vehicle. Furthermore, ladders generally lack a flat load-bearing surface for top freight and lateral support for adjacent freight. They may also present protrusions, such as feet or brackets for mounting, that can potentially be damaged or damage adjacent freight. These factors can limit the type of other freight that can be loaded in the vehicle, and may increase the difficulty in structuring the load. Individual ladders may also require top loading or tying or strapping to the side of the vehicle to structure and secure the load and maximize vehicle utilization. Wheeled industrial stepladders, in addition to exhibiting many of the same negative stowing considerations as other ladders, also present some further considerations. Specifically, if they are loaded wheels down, they will require blocking or bracing in the vehicle to prevent movement. However, more frequently, these ladders are tendered set-up and, due to their height, will have to be loaded on their side in the vehicle. As a result, they will not only lack a flat load-bearing surface for top freight and lateral support for adjacent freight, but due to their configuration, they may also prevent the use of load bars or loading tables. This can greatly restrict the carrier s ability to efficiently structure the load and utilize available vehicle space. Subject 1, Page 12 of 15

17 SUBJECT 1 Liability Ladders are not perishable, hazardous in nature or susceptible to theft. Ladders are susceptible to damage and they may damage other freight with which transported. As is the case with most general commodities, being fully enclosed within a box or crate will offer greater protection against damage than when tendered secured on lift truck skids or pallets, wrapped in fiberboard or plastic film, or loose. Ladders may damage other freight if not stowed properly within the vehicle, particularly when the greatest dimension exceeds 96 inches. In this regard, almost all of the involved item provisions require ladders be tendered in packages and are subject to classification provisions stipulating that shipments on lift truck skids or pallets be secured on and not overhang the lift truck skid or pallet deck. However, as previously discussed, ladders are frequently tendered with protrusions such as feet or attaching brackets that may be damaged or can damage other freight. Ladder shipments have been observed with precautionary markings or labels such as Pallet load stack has been photographically recorded any shipping damages will be charged to the carrier and Any damage caused by a forklift operator will be charged to the handling company. Such precautionary markings or labels are not the norm for most general commodities and indicate a greater propensity to damage. This is reinforced by carrier reports that mention the added burden of transporting ladders. One carrier noted these are a very large problem for LTL carriers. That carrier and numerous others have stated that any amount of damage to a ladder, including minor scrapes or dents, generally makes it unsellable as it no longer meets OSHA safety standards. Wheeled industrial stepladders present the same type of negative liability considerations as other ladders. Limited value information reveals a range from $1.64 to $5.60 per pound with an average value of $3.15 per pound. Relationship to CCSB Policies and Guidelines CCSB policy regarding clarification, simplification and uniformity calls, in part, for combining item descriptions embracing related commodities, eliminating excess wording, structuring item descriptions so as to foster clarification and simplification, listing commodity descriptions alphabetically, and providing uniformity in provisions addressing the same or similar circumstances. In keeping with CCSB policy, this proposal would make the changes as set forth in the proposed provisions. CCSB policy also calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Information of record for ladders, other than wheeled industrial stepladders, shows a range in density from 0.36 to pcf, with an average of 4.61 pcf. Under CCSB guidelines, an average density of 4.61 pcf is generally associated with class 200, which calls for a minimum average density of 4 pcf. However, when Subject 1, Page 13 of 15

18 SUBJECT 1 commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. Accordingly, this proposal would cancel items , , , and with reference to a new item for Ladders or Stepladders, NOI, with classes predicated on a density break at 6 pcf 4. Additionally, based on the identified handling, stowability and liability issues that become increasingly significant as the greatest dimension increases, assigning classes higher than those provided by the CCSB density guidelines when the handling unit exceeds 96 inches in greatest dimension would be consistent with CCSB policy 5. This proposal would establish provisions with respective class adjustments for handling units exceeding 96 inches but not exceeding 192 inches, and exceeding 192 inches in greatest dimension. The associated average densities, guideline classes and proposed classes are depicted in the tables below. Greatest Dimension Exceeding 192 inches Density Group (pcf) Average Density (pcf) Guideline Class Class Adjustment Less than or greater Greatest Dimension Density Group (pcf) Average Density (pcf) Guideline Class Class Adjustment Exceeding 96 inches but not exceeding 192 inches Less than or greater Greatest Dimension Not exceeding 96 inches Density Group (pcf) Average Density (pcf) Guideline and Proposed Class Less than or greater The density provisions would include reference to Item (Rule) 170, the inadvertence clause. 5 Precedent for this approach can be found in Docket , Subject 2 (January 2016) involving scaffolding. In that instance, the CCSB approved the cancellation and realignment of certain scaffolding provisions with classes based on greatest dimension and density. That proposal was approved as docketed, and the changes first appeared in Supplement 1 to NMF 100-AP, effective April 16, Subject 1, Page 14 of 15

19 SUBJECT 1 The class adjustments shown in the tables on the previous page reflect the identified negative handling, stowability and liability issues that must also be considered in accordance with CCSB policies. As detailed in this analysis, these include the increased care and attention necessary to safely handle these products, including the need for extra personnel, and the inability of units to provide a flat load-bearing surface or lateral support for adjacent freight. Additionally, as the greatest dimension of the handling unit increases, commodities have been found to be increasingly more difficult to handle and stow, and the liability may be greater. Concurrently, Notes, items , , and would be canceled with reference to a new attendant Note referenced by the new item specifying how ladders are to be protected for shipment. Paragraph 15 of Note, item would be deleted accordingly. Additionally, the record for wheeled industrial stepladders shows a range in density from 0.23 to 7.03 pcf, with an average of 2.14 pcf. Under CCSB guidelines, an average density of 2.14 pcf is generally associated with class 300, which calls for a minimum average density of 2 pcf. However, as discussed in this analysis, wheeled industrial stepladders also exhibit significant negative handling, stowability and liability considerations. Specifically, it was found that greatest dimension has the most significant effect on the transportability of these products, and as greatest dimension increases the issues increase exponentially. The table below identifies the resulting average densities, classes based on CCSB density guidelines and the proposed classes for wheeled industrial stepladders when the data is evaluated based on greatest dimension, in eight-foot increments, where known. Greatest Dimension Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Proposed Class Exceeding 192 inches Exceeding 96 inches but not exceeding 192 inches Not exceeding 96 inches As previously mentioned and documented in the analysis, as greatest dimension increases, the more difficult these articles are to handle and stow, and the greater the liability risk 6. The assignment of classes 300, 400 and 500 in respective eight-foot increments reflects the increasingly significant handling, stowing and liability factors. Based on the information of record, this proposal, as docketed, is consistent with CCSB policy and precedent. 6 Precedent for this approach can be found in Docket , Subject 11 (January 2014) involving helicopter rotor blades or rotor blade leading edge covering. In that instance, the CCSB approved the amendment of item to provide for delineations based on the greatest dimension of the handling unit as tendered for shipment, with a corresponding class adjustment for each eight-foot incremental increase. The proposal was approved as docketed, and the provisions first appeared in Supplement 1 to NMF 100-AN, effective April 19, Subject 1, Page 15 of 15

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21 SUBJECT 2 Re: Switchboards CCSB Contact: Matthew S. Erim Telephone (703) erim@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class ELECTRICAL EQUIPMENT GROUP: subject to item Switchboards, electromechanical, or Switchboard Parts, NOI, see Notes, items and 63242, in boxes, crates or Packages 2050, 2291 or NOTE Provisions do not apply on electronic telephone switching systems, switchboards or on parts or components for such switchboards, see item NOTE Also applies on switchboard sections, partially crated, when securely braced in truck, and on the iron work, loose. Proposed Classification Provisions Item Description Class ELECTRICAL EQUIPMENT GROUP: subject to item A-NEW Switchboards or Switchboard Sections, see Note, item B-NEW, in boxes, crates or Packages 2050, 2291 or B-NEW NOTE Does not apply on electronic telephone switching systems or components thereof. For applicable provisions, see item Switchboards, electromechanical, or Switchboard Parts, NOI, see Notes, items and 63242, etc... Cancel; see item A-NEW NOTE Cancel; see item B-NEW NOTE Cancel; no further application. Analysis Research Project 1265 This proposal is based on the information developed through Research Project 1265, which was initiated in January 2016 to review the transportation characteristics of switchboards, as named in item Subject 2, Page 1 of 5

22 SUBJECT 2 History of Provisions Provisions applying on switchboards were adopted from the rails in The current class was established as a result of action taken on Special Docket No. 1 (issued July 20, 1949), to remain competitive with the rails, and first appeared in NMFC A-1, effective July 10, With the exception of packaging amendments, minor descriptive changes and the addition of a clarifying Note, the provisions have remained substantially unchanged to the present. About Switchboards The U.S. National Electrical Code defines a switchboard as a single large panel or a combination of panels. Each of these panels should contain switches, buses and other controlling devices mounted on front or back of the panels. Switches mounted on these panels are basically used to redirect power to other power distribution channels 1. Examples of switchboards are shown below. Transportation Characteristics Density The information of record includes 10,041 density observations submitted by carriers, observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study 2. The products range in density from 1.40 to pcf, with an average density of 8.20 pcf. Over 81% of the figures fall between 4 and 12 pcf, indicating a large clustering of data around the average. While CCSB guidelines for the currently applicable class 85 call for a minimum average density of 12 pcf, over 89% of the figures are less than 12 pcf. 1 (accessed November 2016) 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 5

23 SUBJECT 2 Handling Switchboards are generally shipped bolted to or secured on lift truck skids or pallets. Articles tendered in this manner may be simply wrapped in plastic film and/or have little to no protective packaging around them, and they often include shipper instructions or precautionary markings alerting the carrier that the articles are Top Heavy, Extremely Fragile and that there is a Tip Over Hazard. Even though articles tendered in the aforementioned manner may comply with the packaging requirements of item 63240, switchboards packaged in such manner generally require extreme care and attention during handling. As displayed in the photo on the left, the articles typically must be physically secured to the forklift to ensure that the freight does not tumble over while loading, unloading or being moved on the dock, and certain equipment or additional personnel may be necessary to avoid damage to the switchboards or other freight. Precautionary markings indicate that mishandling switchboards can lead to serious injury or death. Markings also instruct that switchboards must not be moved manually with hand trucks or tail lifts, and pallet jacks should only be used if the dock handler is properly trained and the freight is secured to the pallet. Further instructions state that the forklift driver must not exceed 2.25 mph and must avoid abrupt stops, starts and turns. If a forklift is not available at a delivery site, precautionary markings instruct the recipient to request delivery in a vehicle equipped with a truck-mounted forklift. Stowability The top-heavy nature of switchboards leads to significant stowability concerns. Even if a switchboard is bolted to a lift truck skid or pallet to help maintain the integrity of the unit while in transit, switchboards often must be physically secured to the trailer to ensure they do not tip over, otherwise the handling unit can rip off the legs it was welded on, causing damage to the switchboard and to adjacent freight. The top-heaviness also generally requires that switchboards be secured to lift truck skids or pallets that are wider than what may be necessary of other freight with the same dimensions. Occasionally, there may be external protrusions, which can further complicate the carriers ability to properly stow these articles. Additionally, the handling units typically do not provide a flat loadbearing surface for top freight. Subject 2, Page 3 of 5

24 SUBJECT 2 Liability The involved commodities are neither unusually susceptible to theft nor hazardous in nature. However, switchboards are liable to damage, particularly if the internal or external components are not sufficiently protected. If a switchboard tips over, not only can the switchboard itself be damaged, but it may significantly damage other freight or injure freight handlers. Precautionary markings indicate that switchboards have a high claims potential and are a delicate electrical apparatus. One carrier reported an average claims ratio of 1.96% per year over a two-year period, while another carrier reported a claims ratio of 2.01% and a claims filed to revenue ratio of 8.85%. No information was obtained on the value per pound of these commodities. Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Information of record indicates that switchboards range in density from 1.40 to pcf, with an average density of 8.20 pcf. As mentioned in the analysis, the preponderance of density figures are concentrated within a narrow range around the overall average, and over 89% of the figures are less than 12 pcf, which is the CCSB s minimum average density guideline for the currently applicable class 85. Under CCSB guidelines, an average density of 8.20 pcf is generally associated with class 110, which calls for a minimum average density of 8 pcf. However, CCSB policies further state that unusual or significant negative handling, stowability or liability characteristics may be contributing factors in the assignment of classes. As detailed in the analysis, switchboards have a number of negative handling, stowing and liability considerations. These concerns include the top-heavy nature of switchboards, which warrants an extraordinary degree of care and attention when handling and stowing these products, the lack of a flat load-bearing surface for top freight, and the exceptional risk of damage to switchboards, adjacent freight and injury to dock handlers. Based on the identified negative handling, stowing and liability concerns, it would be in keeping with CCSB policies and precedent to assign a class higher than that associated with the CCSB s density guidelines. Under this proposal, item would be canceled with reference to a new item under the Electrical Equipment Group for Switchboards or Switchboard Sections. In recognition of the significant negative handling, stowing and liability characteristics inherent in these products, a two-class adjustment to class 150 would reflect the transportability of switchboards and would be in keeping with CCSB policies. Furthermore, Note, item would be canceled and reestablished as a Note subordinate to the new item. Concurrently, Note, item would be canceled as having no further application, while the reference to switchboard sections in Note, item would be embraced by the new item. Precedent for this proposal can be found in Subject 5 of Docket (September 2016). As a result of action taken on that proposal, specific provisions applying on aquatic plants were established at class 125, two classes higher than that called for under the CCSB s density guidelines, in recognition of the observed negative handling, stowing and liability concerns. That proposal was approved as docketed, and the provisions first appeared in Supplement 4 to NMF 100-AP, effective December 10, Subject 2, Page 4 of 5

25 SUBJECT 2 Based on the information of record, this proposal, as docketed, is consistent with CCSB policies and precedent. Subject 2, Page 5 of 5

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27 SUBJECT 3 Re: Paintings or Pictures Items 56157, , , , , , and CCSB Contact: Walter A. Whalen Telephone (703) whalen@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class DECORATIONS GROUP: subject to item Pictures, printed on paper or paperboard, framed, with or without glass, see Note, item 56159, in boxes: Sub 1 Actual value not exceeding $25.00 each, see Note, item Sub 2 Actual value exceeding $25.00 each, or value not declared in writing at time of shipment. See item for class dependent upon agreed or released value NOTE Shipper must certify on shipping orders and bills of lading at time of shipment that the actual value of the pictures does not exceed $25.00 each NOTE Does not apply on limited edition prints signed by the artist and numbered Original Works of Art, other than when moving subject to items or Paintings or Pictures, NOI, value declared in writing by the shipper, or agreed upon in writing as the released value of the property, in accordance with the following, see Note, item : Sub 1 Released value not exceeding 50 cents per pound, in boxes Sub 2 Released value exceeding 50 cents per pound but not exceeding $2.00 per pound, in boxes Sub 3 Sub 4 Sub 5 Released value exceeding $2.00 per pound but not exceeding $5.00 per pound, in boxes If declared or released value exceeds $5.00 per pound... Not Taken If consignor declines to declare value or agree to released value in writing, the shipment will not be accepted NOTE The value declared in writing by the shipper, or agreed upon in writing as the released value of the property, as the case may be, must be entered on shipping order and bill of lading as follows: "The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding per pound." (Classes herein based on released value have been authorized by the Interstate Commerce Commission in Released Rates Orders MC No. 1 of January 16, 1936, as amended October 20, 1948, August 9, 1966, October 7, 1966, October 12, 1970 and March 31, 1980.) Subject 3, Page 1 of 10

28 SUBJECT 3 Present Classification Provisions Continued Item Description Class Pictures, paperboard, framed with plastic frame, without glass, nested, actual value not exceeding 40 cents each, see Note, item , in boxes NOTE Shipper must certify on shipping orders and bills of lading at time of shipment that the actual value of each framed picture does not exceed 40 cents. If the shipper fails to so certify the actual value, item 56157, sub 2, naming 'Pictures, printed on paper or paperboard, framed, with or without glass, value not declared in writing at time of shipment,' will apply Pictures, lenticular, see Note, item , framed or not framed, in boxes NOTE Applies only on pictures laminated to glass or plastic sheets, with or without plastic backing sheets, with molded lenses designed to produce a three-dimensional effect Pictures, lithographed or printed on sheet steel, in boxes PRINTED MATTER GROUP: subject to item Calendar Pictures, in packages Pictures or Posters, printed on paper or paperboard, not framed, other than advertising, other than limited edition prints numbered and signed by the artist, and other than photographs: Sub 1 Individually rolled, in boxes Sub 2 Other than individually rolled, in boxes THIS SPACE INTENTIONALLY LEFT BLANK Subject 3, Page 2 of 10

29 SUBJECT 3 Present Classification Provisions Concluded ITEM 172 LIMITATION OF CARRIER LIABILITY WHERE VALUE IS NOT DECLARED BY SHIPPER Where item 62820, 63025, 70080, 88160, 99400, , , , , or of this Classification applies, and shipper fails to declare a value as required by those provisions, the shipment will not be accepted, but if the shipment is inadvertently accepted, the carrier's liability shall be limited as follows: ITEM NO. DESCRIPTION VALUE LIMITATION Radio, Radio-telephone or Television Transmitting or Transmitting and Receiving Sets or other Radio Impulse or Wireless Audio (Sound) Impulse Transmitting or Transmitting $10.00 per pound and Receiving Sets, separate or combined Semiconductors, viz.: Devices, NOI; Diodes; Rectifiers; Thermistors; Transistors $20.00 per pound Flatware, Dresserware or Holloware, sterling silver; or Flatware, Dresserware or Holloware, with sterling silver parts, such as $5.00 per pound backs, covers, frames, handles or tops Glassware, NOI $19.00 per pound Hides, Pelts or Skins, dressed or tanned or not dressed nor tanned, NOI, dry $7.50 per pound Household Goods, Personal Effects or Military Baggage, other than shipments moving under the U.S. Department of $0.10 per pound Defense Personal Property Program Jewelry, costume or novelty, made of materials other than solid or filled precious metals, not mounted nor set with $5.00 per pound precious stones Machines, Systems or Devices, data processing, or Components, Parts or Peripherals thereof $25.00 per pound Metal, NOI, or Metal Alloys, NOI $5.00 per pound Radioactive Materials $25.00 per pound Watches or Watch Movements $10.00 each Where the provisions of other tariffs apply, and those provisions specify a limitation of the carrier s liability absent a release or value declaration by the shipper, the carrier s liability shall be limited to the extent provided by such applicable provisions when the shipper does not make the requisite or specified release or value declaration. Subject 3, Page 3 of 10

30 SUBJECT 3 Proposed Classification Provisions Item Description Class DECORATIONS GROUP: subject to item A-NEW Original Works of Art, other than when moving subject to items or B-NEW... 0 B-NEW Paintings or Pictures, NOI, framed or unframed, with or without glass, see Note, item C-NEW, in boxes, see Note, item D-NEW, released to a value not exceeding $25.00 per pound, see Note, item E-NEW, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 4 but less than Sub 3 8 or greater C-NEW NOTE Also applies on Printed Posters, other than those used for advertising, or Lenticular Pictures. D-NEW NOTE Articles must be protected by interior packing forms necessary to afford adequate protection against damage. E-NEW NOTE Unless otherwise provided in individual participating carriers' tariffs, articles moving under the provisions of item B-NEW shall only be accepted subject to a maximum liability of $25.00 per pound. If shipper fails to declare a value, or declares a value in excess of $25.00 per pound, shipment will not be accepted, but if the shipment is inadvertently accepted, it will be considered as being released to a value not exceeding $25.00 per pound and the shipment will move subject to such limitation of liability. In no instance will carriers' liability exceed the actual value of the article lost or damaged Pictures, printed on paper or paperboard, framed, with or without glass, etc... Cancel; see item B-NEW NOTE Cancel; no further application NOTE Cancel; no further application Original Works of Art, etc... Cancel; see item A-NEW Paintings or Pictures, NOI, etc... Cancel; see item B-NEW NOTE Cancel; no further application Pictures, paperboard, framed with plastic frame, without glass, etc... Cancel; see item B-NEW NOTE Cancel; no further application Pictures, lenticular, etc... Cancel; see item B-NEW NOTE Cancel; no further application Pictures, lithographed or printed on sheet steel, etc... Cancel; see item B-NEW Subject 3, Page 4 of 10

31 SUBJECT 3 Proposed Classification Provisions Continued Item Description Class PRINTED MATTER GROUP: subject to item Calendar Pictures, etc... Cancel; see item B-NEW Pictures or Posters, printed on paper or paperboard, etc... Cancel; see item B-NEW ITEM 172 LIMITATION OF CARRIER LIABILITY WHERE VALUE IS NOT DECLARED BY SHIPPER Where item B-NEW, 62820, 63025, 70080, 88160, 99400, , , , , or of this Classification applies, and shipper fails to declare a value as required by those provisions, the shipment will not be accepted, but if the shipment is inadvertently accepted, the carrier's liability shall be limited as follows: ITEM NO. DESCRIPTION VALUE LIMITATION B-NEW Paintings or Pictures, NOI, framed or unframed, with or $25.00 per without glass pound Radio, Radio-telephone or Television Transmitting or Transmitting and Receiving Sets or other Radio Impulse or Wireless Audio (Sound) Impulse Transmitting or Transmitting $10.00 per pound and Receiving Sets, separate or combined Semiconductors, viz.: Devices, NOI; Diodes; Rectifiers; Thermistors; Transistors $20.00 per pound Flatware, Dresserware or Holloware, sterling silver; or Flatware, Dresserware or Holloware, with sterling silver parts, such as $5.00 per pound backs, covers, frames, handles or tops Glassware, NOI $19.00 per pound Hides, Pelts or Skins, dressed or tanned or not dressed nor tanned, NOI, dry $7.50 per pound Household Goods, Personal Effects or Military Baggage, other than shipments moving under the U.S. Department of $0.10 per pound Defense Personal Property Program Jewelry, costume or novelty, made of materials other than solid or filled precious metals, not mounted nor set with $5.00 per pound precious stones Machines, Systems or Devices, data processing, or Components, Parts or Peripherals thereof $25.00 per pound Metal, NOI, or Metal Alloys, NOI $5.00 per pound Radioactive Materials $25.00 per pound Watches or Watch Movements $10.00 each Subject 3, Page 5 of 10

32 SUBJECT 3 Proposed Classification Provisions Concluded Where the provisions of other tariffs apply, and those provisions specify a limitation of the carrier s liability absent a release or value declaration by the shipper, the carrier s liability shall be limited to the extent provided by such applicable provisions when the shipper does not make the requisite or specified release or value declaration. Analysis Research Project 1243 This proposal is based on the information developed through Research Project 1243, which was initiated in December 2014 due to a low-density report of paintings or pictures, as named in item The project was expanded to include items 56157, , , , , and History of Provisions The released value provisions of item and Note, item , for Paintings or Pictures, NOI, were adopted from the rails and first appeared in LTL-1, effective April 1, With the exception of the current class 110 in sub 1, the provisions have remained substantially unchanged to the present 1. The provisions of item , for Pictures, lithographed or printed on sheet steel, were also adopted from the rails and first appeared in LTL-1, effective April 1, The provisions have remained substantially unchanged to the present. Over the years, there have been numerous proposals and amendments resulting in the various other provisions involved herein. About Paintings or Pictures A picture is a visual representation of a person, object or scene 2, usually depicted on a two-dimensional space. For the purpose of this proposal, pictures are articles that are displayed for a viewer to make a statement or to serve an aesthetic or decorative purpose. Examples of pictures include drawings, photographs, posters and prints. Paintings are a type of picture that are created with paint, pigment or other mediums. 3 Paintings and pictures vary in significance and value, depending upon factors such as age, who the creator was or the material used. Paintings or pictures may be framed or shielded from external elements with glass. Examples of paintings or pictures are shown on the following page. 1 The current class 110 in sub 1 of item was assigned as a result of action taken on Special Docket No. 1 (issued July 20, 1949) to remain competitive with the rails. The change first appeared in NMFC A-1, effective July 10, (accessed November 2016) 3 (accessed November 2016) Subject 3, Page 6 of 10

33 SUBJECT 3 Transportation Characteristics Density The information of record includes 14,036 density observations submitted by shippers and carriers, observed firsthand on CCSB dock surveys and gathered from the CCSB s Density Study 4. The densities range from 0.13 to pcf, with an overall average of 5.70 pcf. The data can be divided into three density groupings of less than 4 pcf, 4 but less than 8 pcf, and 8 pcf or greater. When evaluated on the basis of these three density groupings, the ranges and averages shown in the table below are calculated. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater 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 7 of 10

34 SUBJECT 3 Handling and Stowability Paintings or pictures are generally tendered for shipment in fiberboard boxes, such as those shown on the right. Boxes of paintings or pictures also may be secured on lift truck skids or pallets. As with similar articles, these products may require a certain degree of care and attention when handling and stowing, and the packages are frequently marked with directional arrows, which may restrict how a carrier can construct the load within the vehicle. The handling units may also include shipper instructions or precautionary markings, such as Handle with Care and/or Fragile. However, there have been no reports of unusual or significant handling or stowability problems. Liability The involved articles are not perishable, hazardous in nature, unusually liable to damage, nor do they appear likely to damage other freight. There is no evidence of record indicating that they are unusually susceptible to theft. Shippers reported four to 17 claims per year, and carriers indicated no claims on the involved products. The value per pound ranges from $0.20 to $26.67, with an average value of $6.78 per pound. It is also noted item currently provides classes based on released value, subject to a minimum of 50 cents per pound up to a maximum of $5.00 per pound. These valuations, however, have been applicable since the provisions were adopted from the rail classification in When updated/adjusted for inflation using the Producer Price Index year-end figures from 1947 (the first year available) and 2015 (the last year available), the adjusted maximum valuation is $34.31 per pound. Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to be as clear as possible to preclude the potential for interpretation disputes. It also calls for combining descriptions embracing related commodities. Therefore, it would be in keeping with CCSB policies to cancel items 56157, , , , , and with reference to a new item, which would name Paintings or Pictures, NOI, framed or unframed, with or without glass under the Decorations Group. Notes, items 56158, 56159, , and would be canceled with no further application. CCSB policy also calls for classification provisions to reflect a commodity s known transportation characteristics. Information of record indicates that the involved articles range in density from 0.13 to pcf, with an overall average of 5.70 pcf. While there are some handling and stowability concerns inherent with shipping paintings or pictures, they do not appear to significantly impact the transportability of these products. Under CCSB guidelines, an average density of 5.70 pcf is generally associated with class 175, which calls for a minimum average density of 5 pcf. However, when commodities exhibit a 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 Subject 3, Page 8 of 10

35 SUBJECT 3 density breaks at 4 and 8 pcf, the average densities and classes shown in the table below emerge. Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Less than but less than or greater It would be in keeping with CCSB policy and precedent to establish classes predicated on two density breaks at 4 and 8 pcf 5. Further, in interest of clarification, a new attendant Note would be established and referenced in the new item to clarify that the provisions also apply on printed posters and lenticular pictures. CCSB packaging policies state that the CCSB is to establish and maintain packaging rules and specifications as necessary to ensure that freight is adequately protected so as to withstand the normal rigors of the LTL environment. Therefore, a new Note would be established and referenced in the new item to require interior packing forms sufficient to afford adequate protection against damage. Precedent for this approach can be found in Docket , Subject 2 (June 2015), involving newspaper inserts or supplements, or magazines or periodicals, as named in item Density was determined to be the primary transportation characteristic since there were no significant negative handling, stowability or liability characteristics when the articles were properly packaged for shipment. Two density breaks at 22.5 and 30 pcf were proposed to provide a more accurate representation of the identified range in density, and a new Note was also proposed to provide additional packaging requirements. That proposal was approved as modified, and the provisions first appeared in Supplement 2 to NMF 100-AO, effective August 22, As indicated in the history, the released value provisions of item were adopted from the rail classification in When adjusted for inflation using the Producer Price Index (PPI), the current maximum released valuation of $5.00 per pound would be adjusted to $34.31 per pound. However, the highest per pound released valuation in the NMFC is $25.00 per pound, which is found in item , for radioactive materials, and item , for data processing machines, systems or devices, or components, parts or peripherals thereof 6. Adjusting the released valuation in the new item to not exceeding $25.00 per pound would recognize the impact of inflation and be within NMFC precedent. Concurrently, a new Note would be added to the new item stipulating that unless otherwise provided in individual participating carriers tariffs, articles moving under the provisions of the new item shall only be 5 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. 6 See CCSB Docket , Subject 5 (September 2014) and Docket , Subject 2 (September 2012), respectively. Subject 3, Page 9 of 10

36 SUBJECT 3 accepted subject to a maximum liability of $25.00 per pound. The Note would further provide an inadvertence clause to address situations where a value is not declared, or declared in excess of $25.00 per pound. Concurrently, Item (Rule) 172, Limitation of Carrier Liability Where Value Is Not Declared By Shipper, would be amended to reflect the proposed changes to the released value provisions for paintings or pictures. Lastly, the provisions of item would be canceled and reestablished accordingly under the Decorations Group. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 3, Page 10 of 10

37 SUBJECT 4 Re: Reagents, copper extraction (Copper Extractants), other than corrosive materials CCSB Contact: Nathan D. Ripke Telephone (703) ripke@nmfta.org Proponent: Cytec Solvay Group, Woodland Park, New Jersey Present Classification Provisions Item Description Class CHEMICALS GROUP: subject to item Chemicals, NOI, see Note, item See item for class dependent upon released value: Sub 1 Not Involved. Sub 2 In bags, boxes, drums or Packages 1439, 2258, 2419, 2456 or NOTE Not Involved. Proposed Classification Provisions Item Description Class CHEMICALS GROUP: subject to item Chemicals, NOI, see Note, item See item for class dependent upon released value: Sub 1 No Change. Sub 2 In bags, boxes, drums, etc.... No Change NOTE No Change. NEW Analysis Reagents, copper extraction (Copper Extractants), other than corrosive materials, in drums or intermediate bulk containers (IBCs) This proposal was submitted by Cytec Solvay Group to establish a new item for copper extraction reagents not regulated by the U.S. Department of Transportation (DOT) as corrosive materials, Hazard Class 8. It is the CCSB s opinion that the applicable classification provisions for the involved products are found in item 43940, naming Chemicals, NOI. The shipper is presently applying the released value provisions of item as permitted by item to the involved shipments, at class 70. The proponent states that none of the provisions currently in the Classification accurately describe their products. About Copper Extraction Reagents The involved products are oxime-based liquid solvents used during the metal mining process to extract copper from oxide ores. The reagent formulations vary depending on the molecular composition of the oxide ore and the strategic process used to mine the copper. Subject 4, Page 1 of 4

38 SUBJECT 4 Federal Regulations Governing Copper Extraction Reagents Information provided by the proponent indicates that their copper extraction reagents are available in various formulations. The formulations regulated by the DOT as a Hazard Class 8 (corrosive materials) are not included in this proposal. Some of the formulations are regulated under the DOT proper shipping name, Combustible liquid, n.o.s., NA1993 1, PG III, and are required to bear the marine pollutant label when transported. The remaining formulations provided by the proponent are regulated under the DOT proper shipping name, Environmentally hazardous substance, liquid, n.o.s., UN3082, PG III, and are required to bear the Hazard Class 9, Miscellaneous Hazardous Materials, and marine pollutant labels when transported. Photos furnished by the proponent depicting the involved formulations as tendered for shipment are shown below. Transportation Characteristics Density The proponent provided nine density figures that represent the various formulations of the involved products ranging from to pcf, with an average of pcf. Handling and Stowability The involved products are shipped in drums or intermediate bulk containers (IBCs), which generally provide a flat load-bearing surface for compatible freight. Although extra care, attention and training is necessary when transporting hazardous materials, there are no coloading prohibitions or segregation requirements for the involved products under the DOT s regulations. According to the proponent s Safety Data Sheets, these 1 The identification number display for NA1993 references Hazard Class 3 (Flammable and combustible liquid); however, according to 49 CFR , Purpose and use of hazardous materials table, Paragraph (d): Column 3: Hazard class or Division (4) Each reference to a Class 3 material is modified to read Combustible liquid when that material is reclassified in accordance with (e) or (f) of this subchapter or has a flash point above 60 C (140 F) but below 93 C (200 F). All of the proponent s formulations evaluated on this record that are regulated as a Combustible liquid, n.o.s. substance have a flash point above 60 C (140 F) but below 93 C (200 F). Subject 4, Page 2 of 4

39 SUBJECT 4 stable liquid formulations should be stored at room temperature to preserve quality. Copper extraction reagents moving under the proper shipping name Combustible liquid, n.o.s. should be kept in fire-safe areas away from heat, sparks and open flame. Training carrier employees in handling hazardous materials and then supervising them to ensure compliance with DOT regulations takes additional time, more paperwork and extra personnel than that required when transporting nonhazardous freight. Moreover, to fully comply with all requirements of the hazardous materials regulations, carriers must implement and update a program to train employees in the handling of materials that are subject to such regulations. Personnel who must be trained in the intricacies of handling hazardous materials include: dispatchers, drivers (pickup, line-haul and delivery), driver supervisors, billing clerks, billing supervisors, terminal managers, freight handlers, dock foremen, maintenance personnel, safety and claims personnel, and even sales personnel. The carrier s driver must check the accuracy of the information provided on the bill of lading and confirm that the shipper s compliance certification statement is included. Further, the driver must accurately count the number of pieces tendered, verify the inclusion of an emergency contact telephone number and verify the application of the proper hazard labels 2. The driver must also be aware of the threshold quantities of hazardous materials that will trigger the need to display the appropriate warning placards on the vehicle. If placards are required, the driver must ensure that they are properly displayed on the vehicle (visible from the front, rear and both sides) 3. The driver must also place the shipping documents for all hazardous materials on top of all documents for nonhazardous freight, or distinctively tab each hazardous materials shipping paper, and the hazardous materials documents must be kept within the driver s reach at all times 4. Considering the thousands of hazardous materials handled daily by for-hire carriers and the inescapable fact that leaks, spills, fires and accidents occur, many carriers equip each vehicle transporting hazardous materials with a copy of the Emergency Response Guidebook, and the driver is trained in its use 5. In addition to the information in the Emergency Response Guidebook, virtually every carrier has its own rules that detail the actions to be taken by drivers in the event of problems involving hazardous materials. Carrier billing personnel must be trained to recognize hazardous materials shipments and to accurately transfer all information on these materials from the bill of lading to the freight bill (a copy of which is used to move the freight through the carrier s system to its destination). Additionally, many carriers require that freight bills pertaining to hazardous materials be flagged as a means to ensure that freight handlers and drivers are aware of the dangers presented by the material. Terminal managers, dock foremen and freight handlers must all be trained to be familiar with the care and attention required in the handling 2 49 CFR , , , , , , CFR CFR (e) 5 The DOT hazardous materials regulations ( (a) and (a)) require that specific emergency response information be displayed on shipping papers or another document accompanying the shipment. In order to comply with these regulations many shippers require carriers handling their freight to equip vehicles with a copy of the Emergency Response Guidebook. Subject 4, Page 3 of 4

40 SUBJECT 4 of hazardous materials. Further, complying with the involved handling regulations requires at least one dedicated space on carrier docks for hazardous materials. Most general freight does not require a separate space on the carriers docks. Liability The involved products are not unusually susceptible to theft. They may be liable to damage and have the propensity to damage other freight. If the drums or IBCs containing the involved products are punctured and leakage occurs, the contents may cause skin and eye irritation to those who come in contact with it. According to the proponent s Safety Data Sheets, the involved copper extraction reagents are very toxic to aquatic life with long-lasting effects and should not be released into the environment. The proponent indicates no damage claims were filed in the last year, and no value information was submitted. Relationship to CCSB Policies and Guidelines CCSB policy calls for provisions to reflect a commodity s known transportation characteristics. Information of record indicates that the involved products range in density from to pcf, with an average of pcf. Under CCSB guidelines, an average density of pcf is generally associated with class 55, which calls for a minimum average density of 35 pcf. In this proposal, the proponent aims to establish new provisions for copper extraction reagents, other than corrosive materials, at class 55. However, the involved products are regulated by the DOT as hazardous materials. As outlined in the analysis, handling and stowing these products require extra care and attention due to the hazards involved and the applicable regulations. Additionally, the liability assumed by the carrier when transporting these products is greater than that typically assumed when transporting most general freight. 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. An example can be found on Docket , Subject 7 (January 2012) when item was established for Flammable Solid, Spontaneously Combustible or Dangerous When Wet Materials, as defined in 49 CFR In that instance, the DOT s precedence of hazard was used to determine the relative degree of hazard of the involved regulated materials. Subject 4, Page 4 of 4

41 SUBJECT 5 Re: Toilet Paper CCSB Contact: Allison L. Austin Telephone (703) austin@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class PAPER: subject to item Toilet Paper, Napkin Paper or Paper Toweling, see Note, item : Sub 1 In wrapped rolls weighing each 25 pounds or more Sub 2 In rolls weighing each less than 25 pounds, in boxes, bundles or Packages 215 or NOTE Applies only on rolls of non-perforated paper. PAPER ARTICLES GROUP: subject to item Toilet Paper, in boxes or Packages 215 or 841: Sub 1 In rolls having less than 1,000 single-ply sheets or 500 double-ply sheets Sub 2 In rolls having not less than 1,000 single-ply sheets or 500 double-ply sheets Sub 3 Other than in rolls Proposed Classification Provisions Item Description Class PAPER: subject to item Toilet Paper, Napkin Paper or Paper Toweling, see Note, item , in wrapped rolls weighing each 25 pounds or more NOTE Applies only on rolls of non-perforated paper, as from the mill, used to make toilet paper, paper napkins or paper towels. PAPER ARTICLES GROUP: subject to item NEW Toilet Paper, in boxes or Packages 215 or Toilet Paper, etc.... Cancel; see item NEW Analysis Research Project 1232 This proposal is based on the information developed through Research Project 1232, which was initiated in June 2014 to review the transportation characteristics of toilet paper. History of Provisions The original provisions of what is now item were adopted from the rails in For many years, item embraced all types of toilet paper. Subject 5, Page 1 of 4

42 SUBJECT 5 Docket 767, Subject 22 (October 1976) was a proposal to amend item to provide for a single class 100. The paper industry opposed the change and suggested the establishment of a new item (154412) for toilet paper cut for end use, with classes predicated on whether or not the products were rolled, with rolls further segregated according to number of sheets per roll. While information on that record indicated average densities 1 inconsistent with the density guidelines for the suggested classes, regard was given to both value of service (a factor that is no longer properly considered in the classification of motor freight), and efforts to compromise with the industry. Item was established, and concurrently, item was amended to apply only on stock or mill rolls of toilet paper with subs based on weight of the individual rolls. Note, item was established to clarify application of item The changes first appeared in Supplement 15 to NMF 100-D, effective December 17, 1977, and the items have remained substantially unchanged to the present. About Toilet Paper This proposal encompasses toilet paper intended for various markets, including institutional, commercial or consumer settings. Examples of different configurations of these products are shown below. When item was established, sheet count was considered by the industry to be a means of differentiating between industrial and household toilet paper. However, sheet counts are frequently not indicative of categories of rolled toilet paper, as they can vary significantly by brand and are often demarcated by economics, not setting. Additionally, as a result of market competition and consumer demands, toilet paper has evolved to include three and four-ply products. Interpretative issues also exist regarding the application of item For example, jumbo rolls of toilet paper, as used in many public spaces, may not be perforated; they are also measured by feet per roll, not by sheet count. The ambiguity of Note, item coupled with the specificity of the subprovisions of item has created confusion regarding the applicable provisions. However, the provisions of item are intended to apply on parent rolls from which the end use products will be cut. Evidence suggests shippers are misapplying item Jumbo Toilet Paper Roll Standard Toilet Paper Roll Folded Toilet Paper Sheets 1 Information of record indicated average densities of 7.83 pcf, pcf and pcf for subs 1, 2 and 3, respectively. There was no evidence of handling, stowability or liability problems, with an average value of $0.44 per pound (in 1976 dollars). Subject 5, Page 2 of 4

43 SUBJECT 5 Transportation Characteristics Density Information of record for toilet paper includes 1,918 density observations submitted by shippers and carriers, collected during CCSB dock surveys and obtained from the CCSB s Density Study 2. The products range in density from 1.18 to pcf, with an average density of 7.57 pcf. Over 70% of the figures are clustered between 4 and 10 pcf. Handling and Stowability Toilet paper is typically tendered in fiberboard boxes secured on lift truck skids or pallets. There have been no reports of unusual or significant handling or stowability concerns. Liability Toilet paper is not perishable, unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor does it appear likely to damage other freight. Responding shippers report seven to 1,872 3 claims per year, and carriers indicate minimal to no claims on the involved products. A single value per pound observation of $0.56 was reported. Relationship to CCSB Policies and Guidelines CCSB policy calls for provisions to be as clear as possible to mitigate the potential for interpretation disputes. It appears that item is being misapplied to shipments of end use toilet paper. To better reflect those products believed to be stock or mill rolls of toilet paper, item would be amended by removing the subprovision referencing rolls weighing each less than 25 pounds. To further address the interpretative issues, Note, item would be amended to clarify that item applies only on rolls of non-perforated paper, as from the mill, used to make toilet paper, paper napkins or paper towels. CCSB policy also calls for amending classification provisions to reflect a commodity s known transportation characteristics, and replacing outdated terminology. Information of record for toilet paper shows a range in density from 1.18 to pcf, with an average density of 7.57 pcf, and a predominant concentration of density figures within a narrow range around the overall average. Based on CCSB guidelines, an average density of 7.57 pcf is generally associated with class 125, which calls for a minimum average density of 7 pcf. Under this proposal, item would be canceled and reestablished as a new item, at class 125. A similar approach was taken on Docket , Subject 10 (June 2015), involving item for night-lights. No significant handling, stowability or liability concerns were reported, and, as such, density was determined to be the primary transportation characteristic. As with toilet paper, night-lights exhibited a wide range of densities from 2.17 to pcf with a 2 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. 3 This number represents reported damage to individual boxes. Subject 5, Page 3 of 4

44 SUBJECT 5 significant concentration of density observations over 76% clustered around the overall average density of 7.09 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-AO, effective August 22, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 5, Page 4 of 4

45 SUBJECT 6 Re: Pipe, Tubing, or Pipe or Tubing Fittings, aluminum Items 51400, and CCSB Contact: Erin N. Topper Telephone (703) topper@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item Pipe Fittings, aluminum, with or without covering or lining of brass, copper or steel, NOI, in bags, boxes, crates or drums Pipe or Tubing, aluminum, in straight lengths, without couplings, coverings or linings, having a density in pounds per cubic foot of 30 or greater and having an actual value not exceeding $2.25 per pound, see Note, item 51811, in boxes or crates NOTE Shipper must certify on shipping orders and bills of lading at time of shipment that the density is 30 pounds or greater per cubic foot and that actual value does not exceed $2.25 per pound. If the shipper fails to so certify the density and value per pound, shipment will not be accepted, but if shipment is inadvertently accepted, charges will initially be assessed on the basis of item Upon proof of the density and actual value, freight charges will be adjusted to the basis of the class applicable under item Pipe or Tubing, aluminum, NOI, other than SU corrugated culvert or pipe, with or without covering or lining of brass, copper or steel, straight or bent shapes, with or without couplings, ferrules, valves or nipples, see Note, item NOTE Detached couplings, ferrules, valves or nipples must be in bags, boxes or drums. Proposed Classification Provisions Item Description Class CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item Pipe Fittings, aluminum, with or without covering or lining of brass, copper or steel, NOI, etc... Cancel; see item NEW Pipe or Tubing, aluminum, in straight lengths, without couplings, coverings or linings, having a density in pounds per cubic foot of 30 or greater and having an actual value not exceeding $2.25 per pound, etc... Cancel; see item NEW NOTE Cancel; no further application. Subject 6, Page 1 of 6

46 SUBJECT 6 Proposed Classification Provisions Concluded Item Description Class CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item Pipe or Tubing, aluminum, NOI, other than SU corrugated culvert or pipe, with or without covering or lining of brass, copper or steel, straight or bent shapes, with or without couplings, ferrules, valves or nipples, etc... Cancel; see item NEW NOTE Cancel; no further application. NEW Pipe, Tubing, or Pipe or Tubing Fittings, aluminum, combined or not combined with other materials, NOI, in packages: Sub 1 Greatest dimension exceeding 192 inches Sub 2 Greatest dimension exceeding 96 inches but not exceeding 192 inches. 85 Sub 3 Greatest dimension not exceeding 96 inches Analysis Research Project 1282 This proposal is based on the information developed through Research Project 1282 on aluminum pipe, tubing, or pipe or tubing fittings, as named in items 51400, and The project was initiated in June of 2016 in response to reports of densities inconsistent with the currently assigned classes. History of Provisions Item was adopted from the rails in The current class was established as a result of action taken on Docket 75, Subject 92 (September 1956) and first appeared in Supplement 22 to NMFC A-4, effective June 17, The item has remained substantially unchanged to the present. Item was established as a result of action taken on Docket 934, Subject 11 (June 1993) and first appeared in Supplement 3 to NMF 100-T, effective August 14, Information from that record indicates two reported density figures of 43.7 and 37.9 pcf, with lengths exceeding 10 feet. The value ranged from $1.80 to $1.89 per pound (in 1993 dollars). Note, item was established as a result of action taken on Docket 937, Subject 15 (November 1993) and first appeared in Supplement 8 to NMF 100-T, effective January 22, Item was adopted from the rails in 1936 at a rating equivalent to the current class 85. Other than description changes, including the removal of SU corrugated culvert or pipe 1, the item has remained essentially unchanged. 1 See Docket 714, Subject 7 (July 1971) and Supplement 4 to NMF 100, effective March 2, Subject 6, Page 2 of 6

47 SUBJECT 6 About Pipe, Tubing, or Pipe or Tubing Fittings An interpretation problem exists between pipe, tubing and fittings. Some companies market their products as pipe, while others identify them as tubing or tubes, even though the products may appear identical. In common usage the words pipe and tube are usually interchangeable, but in industry and engineering discipline the terms are uniquely defined...pipe is generally specified by a nominal diameter with a constant outside diameter (OD) and a schedule that defines the thickness. Tube is most often specified by the OD and wall thickness, but may be specified by any two of OD, inside diameter (ID), and wall thickness 2. While pipes are generally round, tubing can be round or square in shape. For classification purposes, the words pipe and tubing are generally interchangeable. Additional confusion lies with what is a fitting. A fitting is used to join two sections of pipe or tubing together, such as an elbow, bushing, tee or coupling. Fittings can also be used to terminate or plug a pipe. Additionally, small, straight lengths may be considered pipe or a fitting depending on their intended use. Transportation Characteristics Density The information of record includes 16,045 density figures observed firsthand on a CCSB dock survey and obtained through the CCSB s Density Study 3. The densities range from 0.75 to pcf, with an overall average of pcf. When the data is evaluated based on greatest dimension, where known, the following density ranges and averages are found. It should be noted that ranges overlap, and as the greatest dimension increases, the average density also increases. Greatest Dimension Density Range (pcf) Average Density (pcf) Exceeding 192 inches Exceeding 96 inches but not exceeding 192 inches Not exceeding 96 inches (accessed October 2016) 3 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 6, Page 3 of 6

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

49 SUBJECT 6 CCSB policies state that commodities that are a source, or potential source, of interpretation disputes should be amended, and classifications embracing related commodities should be combined. For these reasons, it would be in keeping with CCSB policy, as proposed, to cancel the current individual classifications with reference to a new item to apply on aluminum pipe, tubing, or pipe or tubing fittings, combined or not combined with other materials, NOI. By combining the classifications into a single item, the potential for interpretation disputes is greatly mitigated, if not solved. CCSB policies also state that classifications should reflect a commodity s known transportation characteristics. The information of record includes 16,045 density observations, which average pcf, with a range from 0.75 to pcf. Under CCSB guidelines, an average density of pcf would generally call for class 70, absent any negative handling, stowing and liability considerations. However, as discussed in this analysis, pipe, tubing and pipe or tubing fittings exhibit significant negative handling, stowing and liability considerations. Specifically, it was found that greatest dimension has the most considerable effect on the transportability of these products, and as greatest dimension increases the issues increase exponentially. The table below identifies the resulting average densities, classes based on CCSB density guidelines and the proposed classes when the data is evaluated based on greatest dimension (in eight-foot increments). Greatest Dimension Average Density (pcf) Class Based on CCSB Density Guidelines Proposed Class Exceeding 192 inches Exceeding 96 inches but not exceeding 192 inches Not exceeding 96 inches Based on the information of record, as greatest dimension increases, average density increases and the more difficult the pipe, tubing, or pipe or tubing fittings are to handle and stow. The proposed classes account for the increasingly less-than-favorable handling, stowing as well as liability characteristics. Assignment of classes 85 and 100 to pipe, tubing and fittings having greatest dimension exceeding 96 inches in respective eight-foot increments reflects the increasingly significant handling, stowing and liability problems associated with those articles. Concurrently, Notes, items and would be canceled as having no further application. Subject 6, Page 5 of 6

50 SUBJECT 6 This proposal is in keeping with CCSB precedent. As a result of action taken on Docket , Subject 4 (May 2012) numerous items applying on brass, bronze or copper pipe, tubing, or pipe or tubing fittings were canceled with reference to a new item (52185) with classes based on greatest dimension as tendered for shipment. The proposal was approved as docketed, and the provisions first appeared in Supplement 2 to NMF 100-AL, effective July 21, This proposal, as docketed, is in keeping with CCSB policies and precedent. Subject 6, Page 6 of 6

51 SUBJECT 7 Re: Carpets, Carpeting, Carpet Remnants or Rugs Item CCSB Contact: Matthew S. Erim Telephone (703) erim@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FLOOR OR WALL COVERINGS AND RELATED ARTICLES GROUP: subject to item Carpets; Carpeting; Carpet Remnants; or Rugs, see Note, item 70681; in boxes, wrapped bales or rolls or Packages 413, 2070 or 2092: Sub 1 Greatest dimension as tendered for shipment 144 inches or more, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 12 or greater Sub 4 Greatest dimension as tendered for shipment less than 144 inches NOTE The provisions for rugs apply only when: 1. Power machine tufted or power loom woven; 2. Of soft surface (pile) fabric; 3. Of cloth combined with foam rubber not exceeding 3 /8 inch thick; or 4. Of woven paper fabric combined with cellular or expanded plastic or rubber not exceeding 3 /8 inch thick. For provisions applicable to other rugs, see item for 'Rugs, NOI,' item for 'Fur Rugs, NOI,' and item for 'Rugs, worn-out.' Package 2070 Carpet samples not exceeding 20 inches in length and 15 inches in width, not rolled, may be shipped in paper bags made of at least two plies of 50 pound basis weight Kraft paper. Gross weight of package must not exceed 15 pounds. THIS SPACE INTENTIONALLY LEFT BLANK Subject 7, Page 1 of 6

52 SUBJECT 7 Proposed Classification Provisions Item Description Class FLOOR OR WALL COVERINGS AND RELATED ARTICLES GROUP: subject to item Carpets; Carpeting; Carpet Remnants; or Rugs, see Note, item 70681; in boxes, wrapped bales or rolls or Packages 413 or 2092: Sub 1 Greatest dimension exceeding 192 inches, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 12 or greater Sub 4 Greatest dimension exceeding 96 inches but not exceeding 192 inches, subject to Item 170 and having a density in pounds per cubic foot of: Sub 5 Less than Sub 6 12 or greater Sub 7 Greatest dimension not exceeding 96 inches, subject to Item 170 and having a density in pounds per cubic foot of: Sub 8 Less than Sub 9 12 or greater NOTE No Change. Cancel; believed to be obsolete. Analysis Package 2070 Research Project 1249 This proposal is based on information developed through Research Project 1249, which was initiated in February 2015 to review the transportation characteristics of carpets, carpeting, carpet remnants or rugs, as named in item Hereinafter, these products will be referred to as carpets or carpeting. History of Provisions Provisions applying on carpets, carpeting, carpet remnants or rugs were adopted from the rails in Item first appeared in Supplement 6 to NMFC A-2, effective March 22, As a result of action taken on Subject 12 of Docket (August 2006), numerous items applying on carpets, carpeting, carpet remnants or rugs were canceled with reference to item Information from that record indicated densities ranging from 6.94 to pcf, with an average density of pcf. The proposal was approved as modified, and the provisions first appeared in Supplement 6 to NMF 100-AF, effective October 28, The provisions have remained substantially unchanged to the present. Subject 7, Page 2 of 6

53 SUBJECT 7 About Carpets or Carpeting A carpet is a textile floor covering typically comprised of an upper layer of pile attached to a backing. The term carpet is often used interchangeably with the term rug, although the term carpet can be applied to a floor covering that covers an entire house, whereas a rug is generally no bigger than a single room, and is typically not attached as part of the floor 1. Examples of carpets or carpeting are shown below. Transportation Characteristics Density The information of record includes 7,809 density observations submitted by shippers and carriers, observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study 2. The products range in density from 0.48 to pcf, with an average density of pcf. When the data is evaluated based on greatest dimension and a density break at 12 pcf, the density ranges and averages are found in the tables below and on the following page. Greatest Dimension Density Group (pcf) Density Range (pcf) Average Density (pcf) Exceeding 192 inches Less than or greater Greatest Dimension Density Group (pcf) Density Range (pcf) Average Density (pcf) Exceeding 96 inches but not exceeding 192 inches Less than or greater (accessed October 2016) 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 7, Page 3 of 6

54 SUBJECT 7 Greatest Dimension Density Group (pcf) Density Range (pcf) Average Density (pcf) Not exceeding 96 inches Less than or greater Handling Carpets or carpeting are generally shipped in rolls of varying diameters and lengths. Handling excessively long rolls of carpets or carpeting requires the use of a forklift pole attachment. The length of the rolls has a significant negative impact on normal cross-dock operations, and lengths have been recorded up to 336 inches (28 feet). In such instances, safely handling units into and out of the vehicle becomes increasingly more difficult, and the level of difficulty increases as the length/size of the article increases, even if a forklift pole attachment is available and used. Often there is not enough room at carrier facilities to safely or easily handle and maneuver excessively long units, and additional personnel may be necessary 3. However, when greatest dimension does not exceed 96 inches, carpets or carpeting may be tendered for shipment in fiberboard boxes of regular size and shape secured to lift truck skids or pallets, and handling should be comparable to that of other likepackaged freight. Furthermore, if a shipment of carpets or carpeting that does not exceed 96 inches in greatest dimension is shipped in a roll, the shipment can often be handled without the use of a forklift pole attachment. Stowability Due to their weight and length, rolls of carpets or carpeting will generally require floor loading. Shipments tendered in rolls may not provide for a flat load-bearing surface, while most boxed carpets or carpeting, which typically do not exceed 96 inches in greatest dimension, will usually provide a flat load-bearing surface for other freight. Excessively long handling units may further complicate the carrier s ability to structure a load and maximize vehicle utilization. Depending on the length/size of the article, the carrier will have to ensure that the freight will fit in the vehicle. Liability Carpets or carpeting are not perishable, unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor do they appear likely to damage other freight. Responding shippers reported two to eight claims per year, and one 3 Item (Rule) 568 for Heavy or Bulky Freight Loading or Unloading employs the threshold limit of exceeding 8 feet (96 inches) in greatest dimension as the measurement at which freight becomes more difficult to load and unload when compared to general freight. Subject 7, Page 4 of 6

55 SUBJECT 7 carrier indicated 27 claims over a two-year period for these commodities, while another carrier indicated no claims for the involved products. The value per pound ranges from $0.47 to $35.55, with an average of $8.39 per pound. 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 carpets or carpeting shows a range in density from 0.48 to pcf, with an average density of pcf. Under CCSB guidelines, an average density of pcf is generally associated with class 85, which calls for a minimum average density of 12 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. Moreover, in this instance, research has identified several negative handling and stowability issues that must also be considered, in accordance with CCSB policies. These factors have been detailed in this analysis and include the increased care and attention needed to safely handle these products, the use of specialized equipment, and the lack of a flat load-bearing surface for top freight when shipped in rolls. Additionally, as the greatest dimension of the handling unit increases, carpets or carpeting have been found to be increasingly more difficult to handle and stow. Accordingly, this proposal would establish classes predicated on greatest dimension and a density break at 12 pcf 4. Based on the identified handling and stowing concerns, which are amplified as the handling unit s greatest dimension increases, assigning classes higher than those provided by the CCSB density guidelines when the handling unit exceeds 96 inches would be consistent with CCSB policy. This proposal would establish provisions for carpets or carpeting with respective class adjustments for handling units exceeding 96 inches but not exceeding 192 inches, and exceeding 192 inches in greatest dimension. As described in the analysis, carpets or carpeting with a greatest dimension not exceeding 96 inches do not pose the same degree of unfavorable handling and stowability characteristics as carpets or carpeting with greater dimensions. The associated average densities, guideline classes and proposed classes are depicted in the tables on the following page. 4 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 7, Page 5 of 6

56 SUBJECT 7 Greatest Dimension Exceeding 192 inches Greatest Dimension Exceeding 96 inches but not exceeding 192 inches Density Group (pcf) Average Density (pcf) Guideline Class Class Adjustment Less than or greater Density Group (pcf) Average Density (pcf) Guideline Class Class Adjustment Less than or greater Greatest Dimension Not exceeding 96 inches Density Group (pcf) Average Density (pcf) Guideline and Proposed Class Less than or greater Concurrently, Package 2070, which involves carpet samples being shipped in paper bags, would be canceled as obsolete, and the reference to the package would be removed from item This proposal is consistent with classification precedent. As a result of action taken on Docket , Subject 2 (January 2016), provisions applying on scaffolding were amended to provide classes based on the greatest dimension and density of the handling unit as tendered for shipment. Due to the respective negative handling, stowing and liability characteristics, class adjustments were assigned as handling units increased in greatest dimension. That proposal was approved as docketed, and the provisions first appeared in Supplement 1 to NMF 100-AP, effective April 16, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 7, Page 6 of 6

57 SUBJECT 8 Re: Kitchens or Food Preparation Stations, indoor or outdoor, consisting of a combination of appliances, cabinets, counters, sinks or other components CCSB Contact: William F. Mascaro Telephone (703) mascaro@nmfta.org Walter A. Whalen (703) whalen@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FURNITURE GROUP: subject to item Metallic or Wooden: subject to item Cabinets or Lockers, with or without components of other materials, see Notes, items 80441, and 80443, viz.: Base Cabinets (Work Bases); Cabinets or Lockers, storage or wardrobe, NOI; Kitchen or Bathroom Cabinets, see Note, item 80444; Lockers, parcel or clothes checking; Sink or Stove Cabinets; In crates or Packages 1F, 2F, 3F, 5F, 16F, 19F, 21F, 22F, 25F, 50F, 53F, 69F, 111F, 133F or 149F, see Note, item 80446, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE Applies on free-standing cabinets or lockers or on cabinets or lockers to be attached to floors or walls NOTE Also applies on cabinets equipped with lavatories, sinks, refrigerators, stoves, or water heaters with or without pumping system, whether in same or separate packages. When in separate packages, lavatories, sinks, refrigerators, stoves or water heaters may be in packages authorized in individual items NOTE Cabinets may include faucets and drain fittings when shipped in same package with cabinet NOTE Not Involved. Subject 8, Page 1 of 7

58 SUBJECT 8 Present Classification Provisions Concluded Item Description Class FURNITURE GROUP: subject to item Metallic or Wooden: subject to item NOTE The following departures from packing requirements are permitted: 1. Sink cabinets may be shipped in Packages 72F or 98F. 2. Wooden cabinets or lockers may be shipped in Packages 138F, 141F or 156F. 3. Steel cabinets or lockers may be shipped in Package 114F NOTE Not Involved Tables, NOI, with or without tops of other materials, see Notes, items and 82102, in Packages 2354, 1F, 2F, 3F, 5F, 19F, 21F, 22F, 25F, 34F, 38F, 85F, 109F, 132F, 133F, 138F, 140F, 141F, 146F or 152F, see Notes, items and 82103, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE Not Involved NOTE Not Involved NOTE Not Involved. THIS SPACE INTENTIONALLY LEFT BLANK Subject 8, Page 2 of 7

59 SUBJECT 8 Proposed Classification Provisions Item Description Class FURNITURE GROUP: subject to item Metallic or Wooden: subject to item Cabinets or Lockers, with or without components of other materials, see Notes, items 80441, and 80443, viz.: Kitchens or Kitchen Islands, outdoor, see Note, item A-NEW; [Other Articles Listed No Change.] In crates or Packages 1F, 2F, 3F, 5F, 16F, 19F, 21F, 22F, 25F, 50F, 53F, 69F, 111F, 133F or 149F, see Note, item 80446, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE No Change NOTE No Change NOTE No Change NOTE No Change NOTE No Change. A-NEW NOTE Applies on outdoor kitchens or outdoor kitchen islands consisting of a combination of cabinets, counters, sinks, appliances or other components, whether in same or separate packages. When in separate packages, the cabinets, counters, sinks, appliances or other components may be in packages authorized in individual items NOTE No Change Tables, NOI, etc... No Change NOTE No Change NOTE No Change NOTE No Change. Subject 8, Page 3 of 7

60 SUBJECT 8 Proposed Classification Provisions Concluded Item Description Class FURNITURE GROUP: subject to item Metallic or Wooden: subject to item B-NEW Tables or Stations, food preparation, see Note, item C-NEW, in crates or Packages 1F, 2F, 3F, 5F, 16F,19F, 21F, 22F, 25F, 50F, 53F, 69F, 111F, 133F or 149F C-NEW NOTE Applies on food preparation tables or stations, for indoor use, with or without cabinets, cutting boards, sinks, refrigerators or other components, whether in same or separate packages. When in separate packages, the cabinets, cutting boards, sinks, refrigerators or other components may be in packages authorized in individual items. Analysis Research Project 1226 This proposal is based on the information developed through Research Project 1226, which was initiated in April 2014 to investigate the transportation characteristics of indoor or outdoor kitchens or food preparation stations. Subsequently, it was discovered that several different item numbers were being used for the involved products, indicating a potential interpretive issue with these articles. Hereinafter these products will be referred to as outdoor kitchens or indoor food preparation tables. About Outdoor Kitchens or Indoor Food Preparation Tables Outdoor kitchens typically consist of a stainless steel base and may include a stone, stucco or tile decorative outer layer, as well as a stone or tile work surface. These articles can be equipped with built-in components, such as grills, burners or refrigerators. They also may have built-in cabinets or storage space. Examples are shown below. Subject 8, Page 4 of 7

61 SUBJECT 8 Indoor food preparation tables provide surfaces to prepare food on, typically in a commercial or institutional setting. Usually constructed of stainless steel, they may be equipped with cabinets or shelves beneath the preparation surface and be configured with components such as refrigerators and/or sinks. Examples are shown in the photos below. Transportation Characteristics Density Overall, the information of record includes 119 density observations submitted by shippers and carriers, collected during CCSB dock surveys and obtained from the CCSB s Density Study 1. The limited information on outdoor kitchens reveals an average density of 4.60 pcf. Indoor food preparation tables range in density from 2.39 to pcf, with an average of 5.83 pcf. Over 82% of the figures fall between 4 and 8 pcf. Handling and Stowability The involved articles are generally tendered in boxes secured on lift truck skids or pallets, or in crates, which permit mechanical handling. They may also be tendered in complying F Packages. As with similar articles, these products may require a certain degree of care when handling and stowing, and the packages are frequently marked with directional arrows, which may restrict how a carrier can construct the load within the vehicle. The handling units may also include shipper instructions or precautionary markings, such as Handle with Care, Fragile and/or Do Not Stack. However, there have been no reports of unusual or significant handling or stowability problems. Pictures of the involved products, as tendered for shipment, are shown on the next page. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 8, Page 5 of 7

62 SUBJECT 8 Liability These articles may be inherently susceptible to damage, particularly when not packaged in accordance with the NMFC s packaging requirements. However, responding carriers reported no claims, and no information on the value of these articles was obtained. The remaining liability elements do not significantly impact the evaluation of these products. Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to be as clear as possible to help preclude the potential for interpretation disputes. Outdoor kitchens and indoor food preparation tables are not specifically named within the Classification, which has resulted in some confusion as to the applicable provisions for these commodities. The CCSB has consistently held that outdoor kitchens are currently classified under the full-scale density-based provisions of item Accordingly, this proposal would amend item to name Kitchens or Kitchen Islands, outdoor in the viz. listing, in keeping with CCSB policy. A new Note would concurrently be established and referenced in item to clarify what components can be included and what packaging is authorized. A similar approach was taken on Docket , Subject 10 (September 2015) involving the applicable provisions for potato sticks or shoestring potatoes. To address interpretation issues, among other things, the density-based provisions of item were amended to add a listing for Potato Sticks (Shoestring Potatoes). That proposal was approved as docketed, and the change first appeared in Supplement 5 to NMF 100-AO, effective December 19, CCSB policies also call for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. The information of record for indoor food preparation tables shows a range in density from 2.39 to pcf, with an average of 5.83 pcf, with the preponderance of the density observations clustered around the average. While there may be some handling, stowability and liability considerations associated with these articles, they do not appear to significantly impact their transportability. Under CCSB guidelines, an average density of 5.83 pcf is generally associated with class 175, which calls for a minimum average density of 5 pcf. In keeping with CCSB policy, this proposal would establish a new item, naming Tables or Stations, food preparation, at class 175. Concurrently, 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 8, Page 6 of 7

63 SUBJECT 8 a new Note would also be established and referenced by the new item, clarifying what components can be included and what packaging is authorized, in keeping with CCSB policy. A similar approach was taken on Docket , Subject 10 (June 2015), involving item for night-lights. No significant handling, stowability or liability concerns were reported, and, as such, density was determined to be the primary transportation characteristic. As with indoor food preparation tables, night-lights exhibited a wide range of densities from 2.17 to pcf with a significant concentration of density observations over 76% clustered around the overall average density of 7.09 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-AO, effective August 22, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 8, Page 7 of 7

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65 SUBJECT 9 Re: Earbuds, Earphones, Headphones or Headsets, disposable, not packaged for retail sale CCSB Contact: Nathan D. Ripke Telephone (703) ripke@nmfta.org Proponent: InFlightDirect, Middletown, Rhode Island Present Classification Provisions Item Description Class ELECTRICAL EQUIPMENT GROUP: subject to item Earphones, Headphones or Headsets, in boxes Proposed Classification Provisions Item Description Class ELECTRICAL EQUIPMENT GROUP: subject to item Earbuds, Earphones, Headphones or Headsets, in boxes: Sub 1 NOI Sub 2 Disposable, not packaged for retail sale Analysis This proposal was submitted by InFlightDirect to establish a specific listing for disposable earbuds or headphones not packaged for retail sale. It is the CCSB s opinion that the applicable classification provisions for the involved products are found in item 61575, naming Earphones, Headphones or Headsets. The proponent states that the published class 175 is not reflective of their products transportation characteristics. History of Provisions Item was established as a result of action taken on Docket , Subject 6 (September 2013). Information on that record indicated a range in density from 1.90 to pcf, with an average of 5.64 pcf. Furthermore, 99.19% of the figures were less than 12 pcf. No significant handling, stowability or liability characteristics were reported. The value ranged from $0.25 to $57.50 per pound, with an average value of $23.70 per pound (in 2013 dollars.) The proposal was approved as docketed, and the provisions first appeared in Supplement 4 to NMF 100-AM, effective December 14, About Disposable Earbuds or Headphones The involved earbuds or headphones are disposable and are not packaged for retail sale. These products are generally distributed by the airlines or fitness centers to customers at little or no cost so they can listen to electronic audio independently. The products are of low quality and are only intended to be used one or two times before being discarded. Examples are shown on the next page. Subject 9, Page 1 of 2

66 SUBJECT 9 Transportation Characteristics Density The proponent provided nine density figures that represent the various models of their disposable earbuds or headphones, ranging from 9.00 to pcf, with an average of pcf. Handling and Stowability The involved articles are packaged in nonretail bags in boxes, which are secured on lift truck skids or pallets for shipment, as shown in the photos above and on the right. Liability According to the proponent, their products are not susceptible to damage nor are they likely to damage other freight. In a one-year period, no damage claims were filed on 350 shipments. The value of their disposable earbuds or headphones ranges from $2.50 to $5.00 per pound. The remaining liability factors do not significantly impact the evaluation of these products. Relationship to CCSB Policies and Guidelines CCSB policy calls for provisions to reflect a commodity s known transportation characteristics. Information of record indicates that the involved products range in density from 9.00 to pcf, with an average of pcf. Under CCSB guidelines, the proposed class 100 calls for a minimum average density of 9 pcf. In this proposal, the proponent aims to establish two subprovisions in item 61575: one for their disposable products not packaged for retail sale, at class 100, and an NOI provision, at the current class 175. Concurrently, this proposal would amend item by adding the noun Earbuds to the commodity description for clarification. Subject 9, Page 2 of 2

67 SUBJECT 10 Re: Bats, baseball, softball or cricket, other than hollow plastic 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 Bats, baseball, aluminum, unfinished, in boxes Bats, baseball or cricket, NOI, finished, other than hollow plastic, in packages Proposed Classification Provisions Item Description Class ATHLETIC GOODS GROUP: subject to item Bats, baseball, aluminum, unfinished, etc.... Cancel; see item Bats, baseball, softball or cricket, other than hollow plastic, in boxes, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 10 or greater Analysis Research Project 1269 This proposal is based on the information developed through Research Project The project was initiated in January 2016 in response to a report brought to the CCSB stating that the current provisions for baseball or cricket bats, as named in item 15680, are not reflective of the products transportation characteristics and may be improperly applied. Subsequent to the submission of that report, it was discovered that item 15660, for unfinished aluminum baseball bats, applies on commodities similar to the aforementioned baseball or cricket bats, which could result in potential interpretation issues. Accordingly, the CCSB s review was expanded to include item Hereinafter, these products will be referred to as bats. Subject 10, Page 1 of 4

68 SUBJECT 10 History of Provisions Provisions for unfinished aluminum baseball bats, as named in item 15660, were established as a result of action taken on Docket 725, Subject 3 (September 1972). Information on that record indicated a single density report of pcf, and a value per pound of $0.75 (in 1972 dollars). The proposal was approved as docketed, and the provisions first appeared in Supplement 20 to NMF 100, effective October 19, They have remained substantially unchanged to the present. The basic provisions for bats, as named in item 15680, were adopted from the rails and first appeared in LTL-1, effective April 1, Provisions were later established to combine the items for baseball bats and cricket bats, and this change first appeared in Supplement 7 to NMFC No. 4, effective March 5, 1940 to remain competitive with the rails. As a result of action taken on Docket 89, Subject 48 (June 1959), other than plastic was added to the description. The proposal was approved as modified, and the change first appeared in Supplement 2 to NMFC A-5, effective October 13, The item was further amended as a result of action taken on Docket 725, Subject 3 (September 1972), by limiting its application to finished baseball or cricket bats. The proposal was approved as docketed, and the change first appeared in Supplement 20 to NMF 100, effective October 19, The current references to NOI and other than hollow plastic were added as a result of action taken on Docket 743, Subject 14 (May 1974) and first appeared in Supplement 13 to NMF 100-A, effective October 11, The provisions have remained substantially unchanged to the present. About Bats The bats that are involved within this proposal are specifically those club-like instruments utilized in baseball, softball or cricket. These bats are equipped with a handle and are made of various materials, such as metal or wood. Examples of bats are shown below. Subject 10, Page 2 of 4

69 SUBJECT 10 Transportation Characteristics Density The information of record includes 2,379 density observations gathered from the CCSB s Density Study 1. The products range in density from 0.65 to pcf, with an average density of pcf. When the data is evaluated based on a density break at 10 pcf, the following density ranges and averages are found. Density Group (pcf) Density Range (pcf) Average Density (pcf) Percentage of Figures in Group Less than % 10 or greater % Handling and Stowability The information available relating to packaging indicates that the involved products are generally tendered for shipment in fiberboard boxes of regular size and shape securely fastened to lift truck skids or pallets. Handling and stowability should be comparable to that of other like-packaged freight. Liability There is no evidence of record indicating that the involved commodities are unusually susceptible to theft, 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. The remaining liability elements do not significantly impact the evaluation of these products. Relationship to CCSB Policies and Guidelines CCSB policy calls for the amendment of classifications for commodities that are a source, or potential source, of interpretation disputes so as to eliminate or avoid those disputes. CCSB policy also calls for combining descriptions embracing related commodities. As such, to address potential interpretation issues, and in the interest of clarification and simplification, it would be within CCSB policy to combine the provisions for bats, as proposed, including adding a reference to softball bats. CCSB policy also calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. The information of record for bats shows that these products have a density range from 0.65 to pcf, with an overall average of pcf, and no unusual or significant handling, stowability or liability characteristics. Under CCSB guidelines, an average density of pcf is generally associated with class 92.5, which calls for a minimum average density of 10.5 pcf. However, when commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. When the data of record is evaluated 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 10, Page 3 of 4

70 SUBJECT 10 based on a proposed density break at 10 pcf, the following average densities and classes emerge. Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Less than or greater It would be in keeping with CCSB policy and precedent to establish classes predicated on a density break at 10 pcf 2 for the involved products. A similar approach was taken on Docket , Subject 8 (January 2015), involving calendars and related articles. Density was determined to be the primary transportation characteristic, since there were no unusual or significant handling, stowability or liability concerns reported. While the densities were distributed throughout the range of 1.52 to pcf, a single density break at 15 pcf was proposed to provide a more accurate representation of the distribution of the density observations. Concurrently, two items applying on similar commodities were canceled and consolidated into item for clarification and simplification. That proposal was approved as docketed, and the provisions first appeared in Supplement 1 to NMF 100-AO, effective April 18, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. 2 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 10, Page 4 of 4

71 SUBJECT 11 Re: Mailing Machines Item CCSB Contact: Walter A. Whalen Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item Business or Office: subject to item Mailing Machines: Sub 1 New, in boxes or crates Sub 2 Old, see Note, item , in boxes or crates NOTE Applies on old mailing machines no longer fit for service and returned to be scrapped. Proposed Classification Provisions Item Description Class MACHINERY GROUP: subject to item Business or Office: subject to item Mailing Machines, in boxes or crates NOTE Cancel; no further application. Analysis This proposal is in response to a report brought to the CCSB that shipments of mailing machines exhibit transportation characteristics inconsistent with the currently assigned classes. History of Provisions Provisions for addressing, imprinting or mailing machines were adopted from the rails and first appeared in LTL-1, effective April 1, The current provisions of item , including the Note, item , were established as a result of action taken on Docket 43, Subject 57 (November 1949), and first appeared in Supplement 6 to NMFC No. 10, effective March 14, The provisions have remained substantially unchanged to the present. Subject 11, Page 1 of 3

72 SUBJECT 11 About Mailing Machines Mailing machines are mechanical devices used to apply postage and postmarks for high volumes of mail. Mailing machines typically consist of a postage meter, a feeder for batch processing, a postage scale, a sealer to seal the mail and a mail stacker. Many modern mailing machines can be connected to the Internet or external software and controlled by digital or touchscreen controls. Examples of mailing machines are shown below. Transportation Characteristics Density Information of record includes 2,141 density observations submitted by a carrier and obtained from the CCSB s Density Study 1. The densities range from 1.01 to pcf, with an average density of 6.31 pcf. Over 71% of the figures fall between 4 and 10 pcf. Handling and Stowability The provisions of item require mailing machines to be packaged in boxes or crates. There have been no reports of any unusual or significant handling or stowability problems. Liability Mailing machines 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. 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 mailing machines range in density from 1.01 to pcf, with an average density of 6.31 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 6.31 pcf is generally associated with class 150 under CCSB density guidelines, which call for a minimum average density of 6 pcf. This proposal would assign class 150 to item in lieu of the current classes based on subprovisions for new and old articles. Note, item would be canceled with no further application. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 11, Page 2 of 3

73 SUBJECT 11 A similar approach was taken on Docket , Subject 10 (June 2015), involving item for night-lights. No significant handling, stowability or liability concerns were reported, and, as such, density was determined to be the primary transportation characteristic. As with mailing machines, night-lights exhibited a wide range of densities from 2.17 to pcf with a significant concentration of density observations over 76% clustered around the overall average density of 7.09 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-AO, effective August 22, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 11, Page 3 of 3

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75 SUBJECT 12 Re: Lamps (Lightbulbs), electric, sealed beam Item CCSB Contact: Nathan D. Ripke Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class LAMPS OR LIGHTING GROUP: subject to item 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. Proposed Classification Provisions Item Description Class LAMPS OR LIGHTING GROUP: subject to item NOTE No Change Lamps (Lightbulbs), electric, sealed beam, see Notes, items and , in boxes or Packages 1288, 2097 or NOTE No Change. Analysis Information recently reported to the CCSB suggests the currently applicable class 85 in item may not be consistent with CCSB guidelines for the transportation characteristics exhibited by the involved products. History of Provisions The provisions of item , including the Note, item , were established as a result of action taken on Docket 115, Subject 28 (September 1964) for sealed beam lamps, other than automobile, at class 85. Information from that record reported an average density of pcf and average value per pound of $1.59 (in 1964 dollars). There were no significant or unusual handling, stowability or liability characteristics on the record. The proposal was approved as modified, and 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 lamps and to include Packages 1288, 2097 and 2191 as alternate forms of packaging, with no class change. The proposal was approved as docketed, and the changes first appeared in Subject 12, Page 1 of 3

76 SUBJECT 12 Supplement 3 to NMF 100-AI, effective August 22, The provisions have remained unchanged to the present. About Sealed Beam Lightbulbs A sealed beam lightbulb is a type of electric lamp with a parabolic reflector, one or multiple filaments, and a glass or polycarbonate lens of cast construction sealed permanently together to form a unit. Sealed beam lightbulbs were originally designed to be used as automobile headlights and have since been utilized as aircraft lighting, building and stage lighting, and on lighthouses. Depending on their intended use, sealed beam lightbulbs will vary in size, shape and voltage. Examples of the involved products are shown below. Transportation Characteristics Density Information of record for products reportedly moving under item includes 12,078 figures obtained from the CCSB s Density Study 1. The densities range from 1.00 to pcf, with an average of 7.29 pcf. Over 88% of the figures fall between 4 and 10 pcf, indicating a large clustering of data around the average. Handling and Stowability The provisions of item authorize shipments of the involved articles to be packaged in boxes or Packages 1288, 2097 or There have been no reports of any unusual or significant handling or stowability problems. Liability Sealed beam lightbulbs are not unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor do they appear likely to damage other freight. One carrier reported two paid claims totaling $1, and a claims ratio of 0.44% for shipments moving in 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 12, Page 2 of 3

77 SUBJECT 12 Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to reflect a commodity s known transportation characteristics. Information of record indicates products reportedly moving under item range in density from 1.00 to pcf, with an average of 7.29 pcf, and no unusual or significant handling, stowability or liability characteristics. As mentioned in the analysis, the preponderance of density figures are concentrated within a narrow range around the overall average. Under CCSB guidelines, an average density of 7.29 pcf is generally associated with class 125, which calls for a minimum average density of 7 pcf. This proposal would amend item to assign class 125. A similar approach was taken on Docket , Subject 10 (June 2015), involving item for night-lights. No significant handling, stowability or liability concerns were reported, and, as such, density was determined to be the primary transportation characteristic. As with sealed beam lightbulbs, night-lights exhibited a wide range of densities from 2.17 to pcf with a significant concentration of density observations over 76% clustered around the overall average density of 7.09 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-AO, effective August 22, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 12, Page 3 of 3

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79 SUBJECT 13 Re: Vermiculite CCSB Contact: Ashley L. Gencarelli Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CLAY GROUP: subject to item Vermiculite, crude (Vermiculite Ore), in bags Vermiculite, other than crude, in cloth or paper bags Proposed Classification Provisions Item Description Class CLAY GROUP: subject to item Vermiculite, crude (Vermiculite Ore), etc... Cancel; see item NEW NEW 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 Vermiculite, other than crude, etc... Cancel; see item NEW Analysis This proposal is in response to a report brought to the CCSB that shipments of vermiculite, other than crude, as named in item 48510, exhibited transportation characteristics inconsistent with the current class Subsequent to the submission of the report, it was discovered that item 48500, naming crude vermiculite, also exhibited transportation characteristics inconsistent with the current class 50. Accordingly, this proposal seeks to update the provisions for vermiculite to reflect its known transportation characteristics. History of Provisions The provisions of item were adopted from the rails in 1936 at a rating equivalent to the current class 50. The provisions of item were also adopted from the rails in The current class 92.5 in item was established as a result of action taken on Special Docket No. 1 (issued July 20, 1949) and first appeared in NMFC A-1, effective July 10, The provisions have remained substantially unchanged to the present. Subject 13, Page 1 of 3

80 SUBJECT 13 About Vermiculite Vermiculite is a nontoxic, sterile mineral that is mined from the earth. When it is in its crude form, it is known as vermiculite ore. Vermiculite often goes through an exfoliating process where high heat is applied to the raw mineral to extract all of the moisture causing the ore to expand and pop. Once vermiculite is exfoliated, it becomes softer, lighter in weight and color, and it becomes extremely porous, thus making it highly absorbent. The most common use for vermiculite is in the horticulture and agriculture industries where exfoliated vermiculite is used as a soil amendment to help retain water and nutrients within its pores. A picture of the involved products is shown below. Transportation Characteristics Density Information of record for products moving under items and includes 252 density observations observed firsthand on 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 pcf. When the data is evaluated based on a density break at 10 pcf, the following density ranges and averages are found. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than or greater Handling and Stowability Information of record indicates that the involved materials are generally shipped in bags unitized on lift truck skids or pallets. There have been no reports of any unusual or significant handling or stowability problems. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 13, Page 2 of 3

81 SUBJECT 13 Liability Vermiculite whether crude or other than crude is not unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor does it appear likely to damage other freight. There are no indications of claims problems, and no value information was obtained. The remaining liability elements do not significantly impact the evaluation of these products. Relationship to CCSB Policies and Guidelines CCSB policy calls for 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 and combine them into a new item for Vermiculite. CCSB policy also calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. The information of record for vermiculite indicates that the involved products have a density range from 1.00 to pcf, with an overall average of pcf, and no unusual or significant handling, stowability or liability characteristics. Under CCSB guidelines, an average density of pcf is generally associated with class 92.5, which calls for a minimum average density of 10.5 pcf. However, when commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. When the data of record is evaluated based on a proposed density break at 10 pcf, the following average densities and classes emerge. Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Less than or greater It would be in keeping with CCSB policy and precedent to establish classes predicated on a density break at 10 pcf 2 for the involved products. A similar approach was taken on Docket , Subject 12 (September 2016), involving trowels. Density was determined to be the primary transportation characteristic, since there were no significant negative handling, stowability or liability concerns reported. While the densities were distributed throughout the range of 2.04 to pcf, a single density break at 10 pcf was proposed to provide a more accurate representation of the distribution of the density observations. Concurrently, one item applying on similar commodities was canceled and consolidated into item for clarification and simplification. That proposal was approved as docketed, and the provisions first appeared in Supplement 4 to NMF 100-AP, effective December 10, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. 2 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 13, Page 3 of 3

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83 SUBJECT 14 Re: Kitchen Hand Tools Item CCSB Contact: Allison L. Austin Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class HOUSEHOLD UTENSILS GROUP: subject to item Tools, hand, kitchen, NOI, other than power operated and other than plastic, see Note, item , in boxes or drums NOTE Metal tools may have plastic handles. TOOLS, OR PARTS NAMED: subject to item Tools, NOI, hand, other than power, see Notes, items and , 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 NOTE Not Involved NOTE Not Involved. THIS SPACE INTENTIONALLY LEFT BLANK Subject 14, Page 1 of 4

84 SUBJECT 14 Proposed Classification Provisions Item Description Class HOUSEHOLD UTENSILS GROUP: subject to item Tools, hand, kitchen, NOI, other than power, 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 NOTE Cancel; no further application. TOOLS, OR PARTS NAMED: subject to item Tools, NOI, hand, other than power, etc... No Change NOTE No Change NOTE No Change. Analysis Research Project 1267 This proposal is based on the information developed through Research Project 1267, which was initiated in January 2016 to review the transportation characteristics of kitchen hand tools, as embraced under item While item restricts application to products constructed of materials other than plastic, research included plastic kitchen hand tools. History of Provisions The provisions of item were established as a result of action taken on Docket 63, Subject 63 (March-April 1954) and first appeared in Supplement 8 to NMFC A-2, effective March 8, As a result of action taken on Docket 804, Subject 1 (May 1980), the restriction other than plastic was added to the item description, and Note, item was established. These changes first appeared in Supplement 9 to NMF 100-G, effective October 11, The provisions have remained substantially unchanged to the present. About Kitchen Hand Tools The involved array of products, which are not specifically named in the NMFC, are utilized in food-related preparation, distribution and/or serving. Item serves as the catch-all entry for kitchen hand tools that are not power-operated. While Note, item Subject 14, Page 2 of 4

85 SUBJECT 14 allows for products with plastic handles, kitchen hand tools constructed wholly or operationally of plastic are classified by interpretation under the provisions of item , naming Tools, NOI, hand. Examples of various kitchen hand tools are shown below. Transportation Characteristics Density Information of record includes 25,697 density observations submitted by carriers, observed firsthand during a CCSB Dock Survey and obtained from the CCSB s Density Study 1. The products range in density from 0.62 to pcf, with an average density of 8.05 pcf. The densities are distributed throughout the range. Handling and Stowability Kitchen hand tools are typically tendered in fiberboard boxes secured on lift truck skids or pallets. 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, unusually liable to damage, nor do they appear likely to damage other freight. Responding carriers report minimal to no claims for the involved articles. No value information has been obtained on kitchen hand tools. Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to reflect a commodity s known transportation characteristics. Information of record indicates that kitchen hand tools range in density from 0.62 to pcf, with an average of 8.05 pcf, and exhibit no unusual or significant handling, stowability or liability characteristics. Under CCSB guidelines, an average density of 8.05 pcf is generally associated with class 110, which calls for a minimum average density of 8 pcf. However, when commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. 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

86 SUBJECT 14 Item is the catch-all item for kitchen hand tools, other than power, not more specifically described in the NMFC. This proposal would amend item to provide the CCSB s full-scale density-based provisions 2 in lieu of the current class 85. The proposed fullscale density-based provisions for item would negate the need for the material construction restriction within its description. Therefore, this proposal would concurrently remove and other than plastic from the item. Furthermore, Note, item would be canceled with no further application. Additionally, item would be further amended to remove the superfluous packaging reference, in drums. In the interest of uniformity, the reference to other than power operated would be changed to other than power. Precedent for this approach can be found in Docket , Subject 13 (September 2016), which was a proposal to establish full-scale density-based classes for the catch-all provisions of item for furniture parts, NOI, and to remove the material construction restriction within its description. That proposal was approved as docketed, and the changes first appeared in Supplement 4 to NMF 100-AP, effective December 10, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. 2 The CCSB s standard 11-subprovision density scale includes reference to Item (Rule) 170, the inadvertence clause, and Item (Rule) 171, the bumping privilege. Subject 14, Page 4 of 4

87 SUBJECT 15 Re: Insulated or Jacketed Brass, Bronze or Copper Pipe or Tubing, in coils, including Line Sets CCSB Contact: Erin N. Topper Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item * Pipe or Tubing, brass, bronze or copper, insulated or jacketed with expanded plastic, combined or not combined with other materials, see Note, item 51901, in coils in boxes * NOTE Applies on insulated or jacketed pipe or tubing used in air conditioning, refrigeration or similar applications, including pipe or tubing line sets that are physically combined. MACHINERY GROUP: subject to item Ice Making or Refrigerating Machinery or Machines: subject to item Kits, tube, air conditioning or refrigeration system, see Note, item , in packages NOTE Applies on kits consisting of two lengths of coiled copper tubing, one insulated and the other not insulated, with or without fittings, charged with refrigerant gas, or not charged, in stock lengths. *Published in Supplement 4 to NMF 100-AP, effective December 10, Proposed Classification Provisions Item Description Class CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item Pipe or Tubing, brass, bronze or copper, insulated or jacketed with cellular, expanded or foam plastic or rubber, combined or not combined with other materials, see Notes, items and NEW, in coils, in boxes NOTE Applies on insulated or jacketed pipe or tubing used in air conditioning, refrigeration or similar applications. NEW NOTE Also applies on Line Sets consisting of two lengths of coiled brass, bronze or copper pipe or tubing, one or both lengths insulated or jacketed, with or without fittings, charged or not charged with nitrogen or refrigerant gas. Subject 15, Page 1 of 4

88 SUBJECT 15 Proposed Classification Provisions Concluded Item Description Class MACHINERY GROUP: subject to item Ice Making or Refrigerating Machinery or Machines: subject to item Kits, tube, air conditioning or refrigeration system, etc... Cancel; see item NOTE Cancel; see item NEW. Analysis Background of Proposal As a result of action taken on Docket , Subject 7 (September 2016), item and Note, item 51901, for insulated or jacketed brass, bronze or copper pipe or tubing, in coils, were established. That proposal was based on the information developed through Research Project 1257 and was approved as docketed. The provisions first appeared in Supplement 4 to NMF 100-AP, effective December 10, Subsequent to the docketing of that proposal, the CCSB obtained information about coiled brass, bronze or copper pipe or tubing insulated or jacketed with foam rubber, rather than expanded plastic. In addition, it was found that the provisions for tube kits, as named in item , describe similar products to those evaluated during the research project, which may result in an interpretation conflict. History of Provisions Provisions for air conditioning or refrigeration system tube kits, as currently named in item , were established as a result of action taken on Docket 725, Subject 18 (September 1972), and first appeared in Supplement 1 to NMF 100-A, effective May 3, Other than changes to the attendant Note, the provisions have remained substantially unchanged to the present. About Insulated or Jacketed Brass, Bronze or Copper Pipe or Tubing Insulated or jacketed brass, bronze or copper pipe or tubing consists of a thin pipe or tube, covered with cellular, expanded or foam plastic or rubber, with or without other materials, such as aluminum or nonexpanded plastic. These products are designed for use in air conditioning, refrigeration and other similar applications. They are shipped in coils and may consist of a single line or two lines that may or may not be machined together called line sets. The line sets may consist of two insulated or jacketed lines, or one insulated or jacketed line and a second line that is not insulated nor jacketed. While some of the involved products may be charged with nitrogen or refrigerant gas, research indicates most are shipped not charged. Examples of the products are shown on the following page. Subject 15, Page 2 of 4

89 SUBJECT 15 Transportation Characteristics Density The information of record, which is inclusive of the data acquired during Research Project 1257 as well as of data relating to products moving per item , includes 1,857 density observations submitted by a shipper, by carriers, and obtained from the CCSB s Density Study 1. The densities range from 1.00 to pcf, with an average density of 5.53 pcf. Over 94% of the figures fall between 2 and 8 pcf. Handling and Stowability The involved articles are shipped coiled in boxes secured on lift truck skids or pallets. Although some handling units may be marked with shipper instructions or precautionary markings such as orientation arrows, fragile and keep dry, there is no indication of any negative handling or stowing considerations. Liability The articles are not perishable, unusually susceptible to theft, unusually liable to damage, and do not appear likely to damage other freight. While some of the involved products may be charged with nitrogen or refrigerant gas, there is no evidence that when these are charged they are subject to the DOT s hazardous materials regulations. In any case, there have been no reports of issues in this regard, and most of the involved products are shipped not charged. One shipper reported zero claims during a one-year period for products now moving under item One carrier reported zero claims for known shippers of this commodity. No information on the value per pound was obtained. Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to reflect a commodity s known transportation characteristics. CCSB policy also calls for classification provisions to be as clear as possible to help preclude the potential for interpretation disputes. With the establishment of new item a potential interpretation issue may exist between that item and item , as they describe similar products. Also, information has been obtained indicating the involved pipe or tubing may be insulated or jacketed with foam rubber, rather than expanded plastic. To address these interpretation issues, this proposal would cancel item with reference to item Concurrently, item would be amended to apply on pipe or tubing insulated or jacketed with cellular, expanded or foam plastic or rubber. The class 175 would be maintained based on the average density of 5.53 pcf reported on this record, the preponderance of density figures clustered around the average, and no unusual or significant 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 15, Page 3 of 4

90 SUBJECT 15 handling, stowability or liability characteristics. CCSB guidelines for class 175 call for a minimum average density of 5 pcf. Note, item would be canceled with reference to a new Note referenced by item to further clarify what the item applies on. Note, item would be amended accordingly. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and guidelines. Subject 15, Page 4 of 4

91 SUBJECT 16 Re: Tennis Goods or Sets Item CCSB Contact: Nathan D. Ripke Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class ATHLETIC GOODS GROUP: subject to item Athletic or Sporting Goods, viz.: Athletic or Sporting Goods, NOI; [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 Not Involved NOTE Not Involved NOTE Not Involved NOTE Not Involved Tennis Goods or Sets, in boxes Subject 16, Page 1 of 4

92 SUBJECT 16 Proposed Classification Provisions Item Description Class ATHLETIC GOODS GROUP: subject to item Athletic or Sporting Goods, viz.: Athletic or Sporting Goods, NOI; [Other Articles Listed No Change.] 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 No Change NOTE No Change NOTE No Change NOTE No Change Tennis Goods or Sets, in boxes... Cancel; see item Analysis Research Project 1251 This proposal is based on the information developed through Research Project 1251, which was initiated in March of 2015 to address interpretation issues regarding the application of item 17620, naming Tennis Goods or Sets, and to investigate the transportation characteristics of articles classified in that item. It is the CCSB s opinion that the provisions of item apply on any article or set of articles that are specific to the game of tennis, but are not more specifically described elsewhere in the Classification. History of Provisions Provisions for lawn tennis goods or sets were adopted from the rails and first appeared in LTL-1, effective April 1, 1936, at a rating equivalent to the current class 100. Docket 911, Subject 9 (February 1991) was a clarification proposal to, among other things, update the item description for the involved products from Lawn Tennis Goods or Sets to Tennis Goods or Sets, with no class change. The change first appeared in Supplement 8 to NMF 100-Q, Subject 16, Page 2 of 4

93 SUBJECT 16 effective March 30, The provisions of item have remained substantially unchanged to the present. About Tennis Goods or Sets Tennis goods or sets are a type of athletic good (e.g. tennis racquet or tennis racquet cover) or set of goods (e.g. tennis racquet, tennis racquet cover and balls) used specifically for the sport of tennis. Examples of articles classified in item are shown in the photos below. Transportation Characteristics Density Information of record includes 91 density observations collected during a CCSB dock survey and obtained from the CCSB s Density Study 1. The products range in density from 1.99 to pcf, with an average density of 5.66 pcf. Handling and Stowability Tennis goods or sets are generally tendered for shipment in fiberboard boxes of regular size and shape, which may be secured on lift truck skids or pallets. Handling and stowability should be comparable to that of other like-packaged freight. Liability There is no evidence of record indicating that the involved products are unusually susceptible to theft, 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. 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 16, Page 3 of 4

94 SUBJECT 16 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 17620, naming tennis goods or sets, have been the source of interpretation inquiries vis-à-vis the full-scale density provisions of item 15520, naming athletic or sporting goods, NOI. Information of record indicates that tennis goods or sets range in density from 1.99 to pcf, with an average density of 5.66 pcf, and exhibit no unusual or significant 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 A similar approach was taken on Docket , Subject 14 (September 2015), involving item for hog traps. Based on the information of record, and in keeping with CCSB policy and precedent, that proposal was approved as docketed, and the item for hog traps was canceled with reference to the density-based provisions of item , naming Traps, animal, bird, fish or insect, NOI. The changes first appeared in Supplement 5 to NMF 100-AO, effective December 19, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. 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 16, Page 4 of 4

95 SUBJECT 17 Re: Nubs, cotton, wool or synthetic fiber CCSB Contact: Walter A. Whalen Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FIBERS: subject to item Fibers, NOI, in bags, bales or 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 or greater Nubs, wool, cotton or synthetic fiber: Sub 1 In bags or boxes Sub 2 In bales not machine pressed Sub 3 In machine pressed bales Proposed Classification Provisions Item Description Class FIBERS: subject to item Fibers, NOI, see Note, item NEW, in bags, bales or 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 NEW NOTE Also applies on Cotton, Wool or Synthetic Fiber Nubs Nubs, wool, cotton or synthetic fiber, etc... Cancel; see item Subject 17, Page 1 of 4

96 SUBJECT 17 Analysis This proposal is in response to a report brought to the CCSB that shipments of fiber nubs, as named in item , exhibit transportation characteristics inconsistent with the currently assigned classes. History of Provisions The provisions for fiber nubs were established as a result of action taken on Docket 57, Subject 123 (January 1953), and first appeared in Supplement 12 to NMFC A-1, effective June 16, As a result of action taken on Docket 62, Subject 49 (January 1954), the provisions for fiber nubs were amended to establish subprovisions and classes that were more reflective of the involved product s transportation characteristics. That proposal was approved as modified, and the changes first appeared in Supplement 5 to NMFC A-2, effective November 16, The provisions have remained substantially unchanged to the present. About Fiber Nubs Fiber nubs are small lumps or pieces of natural or synthetic fibers. Commonly referred to as stuffing, fiber nubs are often used as fill or padding for upholstered furniture, clothing or stuffed animals. Examples of fiber nubs are shown below. Subject 17, Page 2 of 4

97 SUBJECT 17 Transportation Characteristics Density The information of record for fiber nubs includes 25 density observations submitted by a carrier and obtained from the CCSB s Density Study 1. The densities range from 1.80 to pcf, with an average of pcf. The densities are distributed throughout the range. Handling and Stowability The information available relating to packaging indicates that fiber nubs are generally tendered for shipment in bales of regular size and shape, which may be securely fastened to lift truck skids or pallets. Fiber nubs also may be shipped in bags or boxes. Handling and stowability should be comparable to that of other like-packaged freight. Liability Fiber nubs 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. Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. The information of record indicates that fiber nubs range in density from 1.80 to pcf, with an average density of pcf, and exhibit no unusual or significant negative handling, stowability or liability considerations. CCSB policy further provides that commodities or commodity groups exhibiting a wide density range not accurately reflected by a single overall average density may be assigned density-based classes; especially where there are no unusual or significant handling, stowability or liability characteristics and where there is no other feasible means of effectively narrowing the range. And where densities are distributed throughout the range, commodities or commodity groups 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 68310, as proposed, is in keeping with CCSB policy. Concurrently, a new Note would be established and referenced in item to clarify that the item also applies on cotton, wool or synthetic fiber nubs. The full-scale density provisions of item would also be amended to provide the CCSB s standard 11-subprovision density scale 2 in keeping with CCSB policies. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. 2 The CCSB s standard 11-subprovision density scale includes reference to Item (Rule) 170, the inadvertence clause, and Item (Rule) 171, the bumping privilege. Subject 17, Page 3 of 4

98 SUBJECT 17 A similar approach was taken on Docket , Subject 14 (September 2015), involving item for hog traps. Based on the information of record, and in keeping with CCSB policy and precedent, that proposal was approved as docketed, and the specific provisions for hog traps were canceled with reference to the density-based provisions of item , naming Traps, animal, bird, fish or insect, NOI. Concurrently, the CCSB also approved the expansion of the density scale in item from the nine-subprovision progression to the 11- subprovision progression. Those changes first appeared in Supplement 5 to NMF 100-AO, effective December 19, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 17, Page 4 of 4

99 SUBJECT 18 Re: Notes, Items and Clarification CCSB Contact: Donald A. Newell Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CHEMICALS GROUP: see Notes, items and NOTE Not Involved NOTE 1. Materials regulated by the U.S. Department of Transportation that are required to bear a 6.1 INHALATION HAZARD, POISON, TOXIC OR PG III label are subject to the provisions of item 45615, regardless of the DOT-designated Hazard Class. 2. Not Involved Poisonous or Toxic Materials, as defined in 49 CFR and required to bear a notice to that effect on bills of lading and packaging, see Note, item 45616: Sub 1 In intermediate bulk containers (IBCs), drums, pails on skids, or in inner containers in boxes, having an actual value per pound not exceeding $20.00, see Note, item 45618: Sub 2 Hazard Zone A Sub 3 Other than Hazard Zone A: Sub 4 In Packing Group I or II, other than Hazard Class Sub 5 In Packing Group I or II, Hazard Class Sub 6 In Packing Group III, other than Hazard Class Sub 7 In Packing Group III, Hazard Class Sub 8 In packages other than as set forth in sub 1, or having an actual value per pound exceeding $20.00: Sub 9 Hazard Zone A Sub 10 Other than Hazard Zone A: Sub 11 In Packing Group I or II, other than Hazard Class Sub 12 In Packing Group I or II, Hazard Class Sub 13 In Packing Group III, other than Hazard Class Sub 14 In Packing Group III, Hazard Class NOTE Applies on materials subject to U.S. Department of Transportation regulations that are required to bear a 6.1 INHALATION HAZARD, POISON, TOXIC or PG III label regardless of the DOT-designated Hazard Class NOTE Not Involved. Subject 18, Page 1 of 3

100 SUBJECT 18 Proposed Classification Provisions Item Description Class CHEMICALS GROUP: see Notes, items and NOTE No Change NOTE 1. Materials regulated by the U.S. Department of Transportation that are required to bear any of the Hazard Class 6 or Hazard Division 6.1 labels listed below are subject to the provisions of item 45615, regardless of the DOT-designated Hazard Class or Hazard Division. (a) INHALATION HAZARD (b) POISON (c) TOXIC (d) PG III 2. No Change Poisonous or Toxic Materials, as defined in 49 CFR and required to bear a notice to that effect on bills of lading and packaging, see Note, item 45616: Subs No Change. NOTE Applies on materials subject to U.S. Department of Transportation regulations that are required to bear any of the Hazard Class 6 or Hazard Division 6.1 labels listed below regardless of the DOT-designated Hazard Class or Hazard Division. 1. INHALATION HAZARD 2. POISON 3. TOXIC 4. PG III NOTE No Change. Analysis The current provisions of Notes, items and were established as a result of action taken on Subject 4 of Docket (October 2009). The purpose of that proposal was to resolve interpretation issues involving materials regulated by the U.S. Department of Transportation (DOT) as poisonous or toxic materials that had a non-poison or non-toxic primary Hazard Class or Hazard Division, specifically corrosive materials. The changes first appeared in Supplement 5 to NMF 100-AI, effective January 9, Since that time a different interpretation issue has surfaced. Many Classification users now believe that any PG III label, regardless of whether they bear poisonous or toxic materials labels, should be classified under the provisions of item per Notes, items and The current language can be misconstrued to mean that any article with a PG III label must be classified under item This proposal would amend the language of the Notes to clarify that the primary requirement is that the labels involved must be for Hazard Class 6 or Hazard Division 6.1. Subject 18, Page 2 of 3

101 SUBJECT 18 The labels involved are: Toxic Material that Poses an Inhalation Hazard Toxic Material that Poses an Oral or Dermal Hazard Toxic Material that Poses an Oral or Dermal Hazard (optional alternative) Toxic Material in Packing Group III Relationship to CCSB Policies and Guidelines CCSB policy calls for employing language that is concise and clear as to intent, and for amending classifications that are a source, or potential source, of interpretation disputes so as to eliminate or avoid those disputes. Amending Notes, items and to clearly indicate that item applies on all materials that are required to bear a Hazard Class 6 or Hazard Divsion 6.1 label, regardless of their DOT-designated Hazard Class or Hazard Division, as proposed, would be consistent with CCSB policy. Subject 18, Page 3 of 3

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103 SUBJECT 19 Re: Screen Printing Presses (Screen Presses or Screen Printers) Item CCSB Contact: Erin N. Topper Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item Presses: subject to item Screen Printing (Screen Presses or Screen Printers): Sub 1 Secured to lift truck skids or pallets Sub 2 In crates Proposed Classification Provisions Item Description Class MACHINERY GROUP: subject to item Presses: subject to item Screen Printing (Screen Presses or Screen Printers): Sub 1 In packages other than boxes or crates Sub 2 In boxes or crates Analysis This proposal is in response to a recent packaging interpretation request submitted by a shipper of screen printing presses, as named in item Currently, sub 1 of the item applies when the article is secured to a lift truck skid or pallet (with no additional packaging specified), while sub 2 applies when the article is tendered in a crate 1. In this instance, however, the shipper tendered the printing press fully enclosed in a six-sided triplewall corrugated fiberboard box that was strapped on a lift truck skid or pallet, as shown in the photo on the left. The table on the following page is a snapshot from Item (Rule) 685, Packing or Packaging Alternate Forms, which provides the shipper s packaging in the left column and the applicable NMFC packaging requirements in the other columns. An X indicates that the shipper s method of packaging is an acceptable alternation. 1 See Docket 991, Subject 3 (February 1999). Information from that record indicates the class differential between subs 1 and 2 of item was based on the less-favorable stowing and liability characteristics of those articles shipped uncrated. Also, at that time, there was no indication that these machines were shipped in boxes. Subject 19, Page 1 of 2