Re: Partitions or Partition Doors, steel and wire combined Staff Contact: Daniel E. Horning Telephone (703) 838-1820 horning@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class BUILDING METALWORK GROUP: subject to item 35600 36890 Partitions or Partition Doors, steel and wire combined, in sections or panels.. 77.5 FENCING GROUP: subject to item 68000 68025 Fencing, NOI, or Fence Gates, other than plastic, in packages, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than 8... 200 Sub 2 8 but less than 12... 110 Sub 3 12 or greater... 77.5 Proposed Classification Provisions Item Description Class BUILDING METALWORK GROUP: subject to item 35600 36890 Partitions or Partition Doors, steel and wire combined, etc... Cancel; see item 68025 FENCING GROUP: subject to item 68000 68025 Fencing, NOI, or Fence Gates, other than plastic; or Partitions or Partition Doors, steel and wire combined; in packages, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than 8... 200 Sub 2 8 but less than 12... 110 Sub 3 12 or greater... 77.5 Analysis This proposal originated from Research Project 1160, which was initiated in March, 2012 in response to an interpretive request from a member carrier questioning whether or not steel and wire partitions are properly classified as fence panels, per item 68025, or as partitions, per item 36890 (as held by the CCSB). Information submitted by the carrier indicated densities between 6 and 8 pcf for shipments tendered on lift truck skids or pallets, which is inconsistent with the currently assigned class 77.5 provided in item 36890. CCSB guidelines for class 77.5 call for a minimum average density of 13.5 pcf. Research Project 1160 During the course of Research Project 1160, questionnaires regarding the transportation characteristics of partitions or partition doors of steel and wire construction were sent to 12 2012 National Motor Freight Traffic Association, Inc. Subject 10, Page 1 of 5
associations and 67 potential manufacturers or shippers in May, and for non-respondents, July of 2012. From these mailings, only one shipper furnished any usable information. One association, the Steel Manufacturers Association, confirmed their members are involved with the transportation of the subject commodities, but did not provide any data. Additional information was developed through the CCSB s Density Study 1 and dock surveys, along with carrier-submitted reports. History of Provisions Provisions for partitions or partition doors of steel and wire construction were adopted from the rails in 1936. The entry has remained substantially unchanged save for the removal of the term flat from the description to address possible interpretative difficulties with shipments in sections or panels. This change was the result of action taken on Subject 132 of Docket 125 (September, 1966), and first appeared in Supplement 9 to NMFC A-9, effective May 17, 1967. Item 68025 was established as a result of action taken on Subject 1 of Docket 898 (December, 1989), which established the Fencing Group as a new generic grouping. The current provisions were established as a result of action taken on Docket 2009-1, Subject 1 (February, 2009). Most notably, item 68028 was established and restricted to wire fencing in rolls, while item 68025 was amended as an NOI entry to cover all other forms, including shipments in panels or sections. The provisions first appeared in Supplement 2 to NMF 100-AI, effective April 25, 2009. About Partitions or Partition Doors Steel and wire mesh partitions as named in item 36890 are modular units that, like fence panels, provide a defined space and/or provide security for a variety of applications. They can resemble cages or enclosures, depending upon how and where used, and are assembled from panels or sections, with one or more doors. Typical examples include storage or service enclosures, tool cribs, robotic barriers, or pharmaceutical cages, as depicted below. Interpretations initially held the products to be classified as fencing, per item 68025, but later upon reconsideration those opinions were rescinded and the products were held to be classified under the specific provisions of item 36890. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 10, Page 2 of 5 2012 National Motor Freight Traffic Association, Inc.
% of Figures In Interval CCSB DOCKET 2013-1 Transportation Characteristics Density The information of record includes 533 density figures ranging from 1.25 to 88.30 pcf, for an average of 9.39 pcf. As depicted in the graph below, the densities are distributed throughout the range. 30.00% 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% 0.00% 0.38% Frequency Distribution 16.17% 12.59% 14.47% 28.57% 12.41% 6.39% 5.45% 1.88% 1.69% Density Intervals A comparison of fence panels or gates (from the record of Docket 2009-1, Subject 1) and partitions or partition doors is shown below. Table 1 Fence Panels or Gates Density Group Table 2 Partitions or Partition Doors Density Group Density Range Density Less than 8 1.15 7.98 5.75 8 but less than 12 8.00 11.98 9.88 12 or greater 12.00 141.89 19.83 Density Range Less than 8 1.25 7.96 5.17 8 but less than 12 8.01 11.94 9.58 12 or greater 12.05 88.30 20.77 Density Handling Carrier reports indicate that product shipments can exceed 96 inches in length. Generally, freight that exceeds 96 inches in length will require extra care and attention during handling. 2012 National Motor Freight Traffic Association, Inc. Subject 10, Page 3 of 5
Stowability Just as with fencing, when tendered in an upright position or without protective packaging on lift truck skids or pallets, partitions may be more difficult to stow than general boxed freight. Carriers may be restricted to floor loading and might not be able to stack freight on top due to the lack of a load-bearing surface. Some shipments are labeled with precautionary markings or instructions such as Do Not Double Stack. Liability These commodities are not perishable, susceptible to theft or prone to spontaneous combustion or explosion. They may be liable to damage during transit when tendered on lift truck skids or pallets and not adequately protected by packaging. The value per pound is unknown, while carrier claims personnel did not indicate any claims issues. Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classification provisions 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 mentioned, there has been some question as to the applicable NMFC provisions for the subject commodities; in particular, between item 36890, which names partitions or partition doors, and item 68025, which names fencing or fence gates. The terms apply on very similar, if not identical, articles. Canceling item 36890 with reference to item 68025, and naming steel and wire partitions or partition doors in item 68025, as proposed, would address the interpretation issue. It is also CCSB policy that provisions reflect a commodity s known transportation characteristics. The information of record shows that partitions or partition doors exhibit a density range from 1.25 to 88.30 pcf, for an average of 9.39 pcf, along with some handling, stowability and liability concerns. The density range is consistent with the range of densities considered in the establishment of the present provisions in item 68025 for fencing or fence gates 2, along with comparable handling, stowing and liability characteristics. (A commensurate one-class adjustment was made to item 68025 to reflect the impact of negative handling, stowing and liability concerns.) A comparison of fence panels or gates (from the record of Docket 2009-1, Subject 1) and partitions or partition doors is shown on the next page. 2 The density-based provisions of item 68025 include reference to Item (Rule) 170, the inadvertence clause. Subject 10, Page 4 of 5 2012 National Motor Freight Traffic Association, Inc.
Table 3 Fence Panels or Gates Density Group Density Range Density CCSB Guidelines One-Class Increase Less than 8 1.15 7.98 5.75 175 200 8 but less than 12 8.00 11.98 9.88 100 110 12 or greater 12.00 141.89 19.83 70 77.5 Table 4 Partitions or Partition Doors Density Group Density Range Density CCSB Guidelines One-Class Increase Less than 8 1.25 7.96 5.17 175 200 8 but less than 12 8.01 11.94 9.58 100 110 12 or greater 12.05 88.30 20.77 70 77.5 For these reasons, this proposal is consistent with CCSB policy and precedent. 2012 National Motor Freight Traffic Association, Inc. Subject 10, Page 5 of 5