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DOCKET 2015-1

JANUARY 2015

A public meeting on National Motor Freight Classification® provisions will be held on January 27, 2015 at:

Omni La Mansion del Rio 112 College Street

San Antonio, Texas 78205 210.518.1000

www.omnilamansion.com

ISSUED: December 23, 2014

©2014 National Motor Freight Traffic Association, Inc.

COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET 2015-1

©2014 National Motor Freight Traffic Association, Inc. Page i

On Tuesday, January 27, 2015, 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 La Mansion del Rio, 112 College

Street, San Antonio, Texas 78205, commencing at 11:00 am Central 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 proposed amendments to the CCSB’s Procedures,

which the CCSB will consider at the meeting on January 27, 2015. The exact language of the

proposed amendments is shown.

Section III 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

www.nmfta.org. They are organized by docket and subject numbers, and each file is indexed

for ease of reference. Interested persons who do 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

[email protected] 703.838.1810

Chairman

Joel L. Ringer

Member

George M. Beck

Member

Daniel E. Horning

Member

William F. Mascaro

Member

Donald A. Newell

Packaging and Classification Consultant

Erin N. Topper

Counsel

John R. Bagileo


©2014 National Motor Freight Traffic Association, Inc. Page ii

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 is welcome to attend the meeting

and/or submit a statement relating to the transportation characteristics of the product(s)

involved — or relevant to packaging materials or methods in connection with proposed

packaging amendments. Statements should include any underlying studies, supporting data

and other pertinent information.

Written submissions will be included in the respective public docket file. Decisions on

docketed proposals will be based on the information contained in the public docket file.

Any person may become a Party of Record to a docketed proposal by submitting a written

request prior to the meeting. The proponent(s) of a proposal and anyone who attends the

meeting in connection with a proposal or submits a written statement prior to the meeting will

be registered as a party of record to that proposal. Parties of record to a docketed proposal

will receive a disposition of the proposal and will be entitled to seek reconsideration or

arbitration should they disagree with that disposition. (One does not have to be a party of

record to request reconsideration.)

Our address is: Commodity Classification Standards Board, 1001 North Fairfax Street, Suite 600,

Alexandria, Virginia 22314, and our fax number is: 703.683.1094. Written statements may also

be emailed 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 www.nmfta.org.

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 or

arbitration is sought in accordance with the CCSB’s rules. The supplement is scheduled to be

issued on March 19, 2015, with an effective date of April 18, 2015.

Future CCSB Dockets

Docket 2015-2 Docket 2015-3

Docket Closing Date April 2, 2015 July 30, 2015

Docket Issue Date April 30, 2015 August 27, 2015

CCSB Meeting Date June 1, 2015 September 29, 2015

Dates are as currently scheduled and subject to change. For up-to-date information, go to www.nmfta.org.


INDEX OF SUBJECTS (PROPOSALS)

DESCRIPTION SUBJECT DESCRIPTION SUBJECT

©2014 National Motor Freight Traffic Association, Inc. Page iii

A

Air Curtains or Air Doors ................................ 6

B

Books, agenda or appointment .................. 8

C

Cabinets ........................................................ 9

Calendars and Related Articles .................. 8

Chips, fruit or vegetable ............................ 10

Copiers (Copying Machines) ...................... 2

Crisps, fruit or vegetable ............................ 10

Curtains, air ................................................... 6

D

Day Planners ................................................. 8

Dishwashers (Dishwashing Machines) ......... 4

Doors, air ....................................................... 6

Duplicating Machines .................................. 2

F

Fruit Chips or Crisps ..................................... 10

G

“Greatest Dimension” – Clarification and Uniformity .................................. 12

H

Household Goods ......................................... 1

I

Inserts, newspaper ........................................ 5

Item (Rule) 685, Packing or Packaging—Alternate Forms – Intermediate Bulk Containers ............. 11

L

Lockers........................................................... 9

Lutes, magnesium ......................................... 3

M

Magazines ..................................................... 5

Military Baggage .......................................... 1

N

Newspaper Inserts or Supplements ....... 5

Notes, Items 40644, 112542 and 182603, Mixed Truckload Provisions ............................................ 13

P

Package 1168 .............................................. 2

Packing or Packaging—Alternate Forms – Intermediate Bulk Containers .......... 11

Periodicals .................................................... 5

Personal Effects ............................................ 1

R

Rakes, magnesium ....................................... 3

Reproducing Machines ............................... 2

S

Skates, ice or roller, including In-Line Skates ..................................................... 7

Snack Foods ............................................... 10

Student Planners .......................................... 8

Supplements, newspaper ........................... 5

V

Vegetable Chips or Crisps ......................... 10

CCSB DOCKET 2015-1 SECTION I

SUBJECT 1

©2014 National Motor Freight Traffic Association, Inc. Subject 1, Page 1 of 10

Re: Household Goods, including Personal Effects or Military Baggage CCSB Contact: William F. Mascaro Telephone — (703) 838-1834 [email protected] Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class HOUSEHOLD GOODS GROUP: subject to item 100200 100240 Household Goods, as described in Note, item 100262, including Personal Effects or Military Baggage, in shipping vans or prepared for shipment as required by Note, item 100282, other than shipments moving under the U.S. Department of Defense Personal Property Program; subject to Note, item 100272; each article released in value in accordance with the following, see Note, item 100292: Sub 1 Released value not exceeding 10 cents per pound .................................. 100 Sub 2 Released value exceeding 10 cents but not exceeding 20 cents per pound ........................................................................................... 125 Sub 3 Released value exceeding 20 cents but not exceeding 50 cents per pound ................................................................................................. 150 Sub 4 Released value exceeding 50 cents but not exceeding $2.00 per pound ................................................................................................. 200 Sub 5 Released value exceeding $2.00 but not exceeding $5.00 per pound ... 300 100250 Household Goods, as described in Note, item 100262, including Personal Effects or Military Baggage, packed in accordance with Note, item 100282, moving under the U.S. Department of Defense Personal Property Program, see Note, item 100251 .................................. 0 100251 NOTE—Pursuant to 10 USC Chapter 157, §2636a, enacted by Congress on

November 26, 2003, as amended by the Department of Defense Authorizations Act for Fiscal Year 2007, Transportation Service Providers (TSPs) are required to provide Full Replacement Value (FRV) coverage to all customers of the U.S. Department of Defense Personal Property Program. FRV is defined as the greater of: (1) $5,000 per shipment; or (2) $4.00 times the net weight of the household goods shipped or $4.00 times the gross weight of the unaccompanied baggage shipped, in pounds, not to exceed $50,000. This definition of FRV does not apply on motor vehicles, including automobiles or motorcycles.

100260 Household Goods, as described in Note, item 100262, including Personal Effects or Military Baggage, not packed according to Note, item 100282 .................................................................................................. 0


SUBJECT 1


Present Classification Provisions — Continued Item Description Class 100262 NOTE—Provisions on household goods apply only on second-hand (used)

household or personal effects such as clothing, furniture or furnishings for residence with not to exceed one piano; and with each shipment weighing 12,000 pounds or more, there may also be included not to exceed one second-hand (used) freight (not driving trucks for freight vehicles or fire apparatus) or passenger automobile, or one second-hand (used) motorcycle. Does not apply on articles of extraordinary value nor on goods shipped for sale or speculation.

100272 NOTE—Household goods in shipping vans, boxes or crates exceeding 400 cubic feet displacement or exceeding 16 feet in length will be subject to the applicable minimum charges provided in carriers’ tariffs.

100282 NOTE—The following packing requirements must be observed, except when shipments are made in iron or steel or iron or steel and wood wheeled carriers completely filled, and except also that trunks or articles of furniture (when themselves packed or prepared for shipment as required by this Note) may be used as substitutes for boxes:

Bedding, in boxes, crates, drums, wrapped bundles or wrapped rolls; Books, in boxes or drums; Carpets or rugs, in boxes, crates, drums, wrapped bundles or wrapped rolls; Clothing, draperies or linens, in boxes or drums; Furniture having surfaces liable to damage, or upholstered furniture, must be fully protected by boxing, crating or wrapping. Excelsior pads or their equivalent must be used when necessary to properly protect the articles; Glassware, packed in boxes or drums; Marble slabs, mirrors or pictures, in boxes or crates; Musical instruments, in boxes or drums; Pottery, packed in boxes or drums; Refrigerators, mechanical, must have compressor unit held securely in position, in boxes or crates, or wrapped in fiberboard and skidded, or wrapped in quilted pads; Sewing machines, in boxes or crates; Stoves or ranges, in boxes or crates when with shipments weighing less than 12,000 pounds; Trunks containing household or personal effects, when in shipments weighing less than 12,000 pounds, must be corded and locked or sealed, or in boxes or crates; All other household goods, requiring protection against breakage or chafing, must be in bags, boxes, drums, wrapped bundles or crates.


SUBJECT 1


Present Classification Provisions — Continued Item Description Class 100292 NOTE—The release, which shall be deemed to relate to each article separately

and not to the shipment as a whole, must be entered on the shipping order and bill of lading in the following form:

“The agreed or declared value of each article in this shipment 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 Order No. MC-314, as amended April 23, 1952 and August 9, 1966, FF-56, of September 14, 1950.)

ITEM 1721

LIMITATION OF CARRIER LIABILITY WHERE VALUE IS NOT DECLARED BY SHIPPER Where item 62820, 63025, 70080, 88160, 99400, 107830, 116030, 136500, 164900 or 196420 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

62820

Radio, Radio-telephone or Television Transmitting or Transmitting and Receiving Sets or other Radio Impulse or Wireless Audio (Sound) Impulse Transmitting or Transmitting and Receiving Sets, separate or combined

$10.00 per pound

63025 Semiconductors, viz.: Devices, NOI; Diodes; Rectifiers; Thermistors; Transistors

$20.00 per pound

70080 Flatware, Dresserware or Holloware, sterling silver; or Flatware, Dresserware or Holloware, with sterling silver parts, such as backs, covers, frames, handles or tops

$5.00 per pound

88160 Glassware, NOI $19.00 per pound

99400 Hides, Pelts or Skins, dressed or tanned or not dressed nor tanned, NOI, dry

$7.50 per pound

107830 Jewelry, costume or novelty, made of materials other than solid or filled precious metals, not mounted nor set with precious stones

$5.00 per pound

116030 Machines, Systems or Devices, data processing, or Components, Parts or Peripherals thereof

$25.00 per pound

136500 Metal, NOI, or Metal Alloys, NOI $5.00 per pound

164900 Radioactive Materials $25.00 per pound 196420 Watches or Watch Movements $10.00 each

1 Published in Supplement 5 to NMF 100-AN, issued on October 30, 2014 with an effective date of November 29, 2014.


SUBJECT 1


Present 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. Proposed Classification Provisions Item Description Class HOUSEHOLD GOODS GROUP: subject to item 100200 100240 Household Goods, Personal Effects or Military Baggage, see Note, item A-NEW, other than shipments moving under the U.S. Department of Defense Personal Property Program, see Note, item B-NEW, each article released to a value not exceeding $25.00 per pound, see Note, item C-NEW: Sub 1 In boxes or crates, see Notes, items D-NEW and E-NEW............................. 150 Sub 2 Other than packaged as set forth in sub 1, see Note, item D-NEW .............. 0 A-NEW NOTE—Provisions for household goods, personal effects or military baggage

apply only on second-hand (used) household or personal effects such as clothing, personal property, furniture or furnishings for residence with not to exceed one piano. There may also be included not to exceed one second-hand (used) motor vehicle. Provisions do not apply on articles of extraordinary value, nor on goods shipped for sale or speculation.

B-NEW NOTE—For provisions applicable to household goods, personal effects or military baggage moving under the U.S. Department of Defense Personal Property Program, see item 100250.

C-NEW NOTE—Unless otherwise provided in individual participating carriers’ tariffs, articles moving under the provisions of item 100240 shall only be accepted subject to a maximum liability per article of $25.00 per pound. If shipper fails to declare a value, or declares a value per article 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 per article 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.

D-NEW NOTE—Household goods, personal effects or military baggage susceptible to breakage or having surfaces liable to damage must be protected by packing materials necessary to afford adequate protection against breakage or damage.


SUBJECT 1


Proposed Classification Provisions — Continued Item Description Class HOUSEHOLD GOODS GROUP: subject to item 100200 E-NEW NOTE—The following departures from packing requirements are permitted:

1. Carpets or rugs may be shipped in wrapped bundles or rolls. 2. Mattresses or upholstered box springs may be shipped wrapped in

fiberboard, plastic film or quilted pads. 3. Refrigerators may be shipped wrapped in fiberboard and skidded, or

wrapped in quilted pads. 100250 Household Goods, Personal Effects or Military Baggage, see Note, item A-NEW, moving under the U.S. Department of Defense Personal Property Program, see Note, item 100251, in boxes or crates, see Notes, items D-NEW and E-NEW ......... No Change 100251 NOTE—No Change. 100260 Household Goods, as described in Note, item 100262, including Personal Effects or Military Baggage, not packed according to Note, item 100282 ............................................................................... Cancel; see item 100240 100262 NOTE—Cancel; see item A-NEW. 100272 NOTE—Cancel; no further application. 100282 NOTE—Cancel; no further application. 100292 NOTE—Cancel; no further application. ITEM 172

LIMITATION OF CARRIER LIABILITY WHERE VALUE IS NOT DECLARED BY SHIPPER Where item 62820, 63025, 70080, 88160, 99400, 100240, 107830, 116030, 136500, 164900 or 196420 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:


62820

Radio, Radio-telephone or Television Transmitting or Transmitting and Receiving Sets or other Radio Impulse or Wireless Audio (Sound) Impulse Transmitting or Transmitting and Receiving Sets, separate or combined

$10.00 per pound

63025 Semiconductors, viz.: Devices, NOI; Diodes; Rectifiers; Thermistors; Transistors

$20.00 per pound

70080 Flatware, Dresserware or Holloware, sterling silver; or Flatware, Dresserware or Holloware, with sterling silver parts, such as backs, covers, frames, handles or tops

$5.00 per pound

88160 Glassware, NOI $19.00 per pound


SUBJECT 1


Proposed Classification Provisions — Concluded


99400 Hides, Pelts or Skins, dressed or tanned or not dressed nor tanned, NOI, dry

$7.50 per pound

100240 Household Goods, Personal Effects or Military Baggage, other than shipments moving under the U.S. Department of Defense Personal Property Program

$25.00 per pound

107830 Jewelry, costume or novelty, made of materials other than solid or filled precious metals, not mounted nor set with precious stones

$5.00 per pound

116030 Machines, Systems or Devices, data processing, or Components, Parts or Peripherals thereof

$25.00 per pound

136500 Metal, NOI, or Metal Alloys, NOI $5.00 per pound 164900 Radioactive Materials $25.00 per pound 196420 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. Analysis

Research Project 1217

This proposal is based on information developed through Research Project 1217, which was initiated in February 2014 to review the transportation characteristics of household goods moving under the provisions of items 100240, 100250 and 100260, as shown herein under the Present Classification Provisions. Items 100240, 100250 and 100260 are general provisions for household goods, personal effects and military baggage. Item 100240 provides classes predicated on released value for household goods, personal effects or military baggage that are prepared for shipment in accordance with Note, item 100282, which sets forth minimum packing requirements. Item 100250 applies on shipments of household goods, personal effects or military baggage moving under the provisions of the U.S. Department of Defense Personal Property Program. Item 100250 also references Note, item 100282 for packing requirements, however it provides a ‘0’ class. Item 100260 provides for household goods, personal effects or military baggage not prepared for shipment in accordance with Note, item 100282. Like item 100250, item 100260 also provides a ‘0’ class. In accordance with Sec. 3 of Item (Rule) 420, “Classification of Articles—General,” when a ‘0’ is shown in the class column, such articles are subject to rates and regulations of individual carriers. These provisions apply on a multitude of different articles that belong to an individual(s) or household and which are being transported from one residence or location to another. Given that anyone who has ever moved, or will ever move, may be a potential shipper of household goods, a questionnaire survey was deemed to be unfeasible. Notice of this


SUBJECT 1


proposal has been provided to NMFC® participants and to subscribers to the NMFC® and ClassIT®.

History of Provisions

The provisions of items 100240 and 100260 were adopted from the rail classification in 1936 with essentially the same structure and at ratings equivalent to the currently applicable classes. They have remained substantially unchanged since that time. The provisions of item 100250, applying on shipments of household goods moving under the U.S. Department of Defense Personal Property Program, were established to reflect a DOD regulatory requirement. Notice was provided in Section III of Docket 2008-1 (February 2008), showing changes made necessary by law, by order of a regulatory body, or for clarification, and the provisions first appeared in NMF 100-AH, effective February 16, 2008. The provisions have remained unchanged since that time.

About Household Goods As previously mentioned, the provisions for household goods, personal effects or military baggage apply on a multitude of different articles that belong to an individual(s) or household and which are being transported from one residence or location to another. While the general definition of what constitutes household goods, personal effects or military baggage has remained fairly constant over time, the variety and nature of articles considered to be household goods has changed dramatically. Many articles that were commonplace in 1936 are substantially different or no longer exist today, while many new articles that did not exist then are found in homes today. Given that these provisions are at least 78 years old, they contain terms, references and packaging requirements that do not reflect the current nature of today’s shipments of household goods, personal effects or military baggage, nor the LTL transportation environment. For example, item 100240 refers to household goods, personal effects or military baggage tendered in “shipping vans,” which is an archaic term. Additionally, items 100240, 100250 and 100260 all reference Note, item 100282, which sets forth minimum packaging requirements for shipments of household goods, personal effects or military baggage. Note, item 100282 lists various types of articles and specifies how those articles are to be packaged. However, there is no reference to personal or consumer electronics, such as televisions and computers. Also, the reference to drums, which alternates with boxes as an allowable packaging method per Item (Rule) 685, is archaic as drums are typically no longer considered to be a type of packaging for non-bulk commodities. Distinguishing between individual articles packed in accordance with Note, item 100282 and those that are not packed in accordance with the Note within a given shipment of household goods may be difficult at best. This is further complicated by the fact that item 100240 provides classes predicated on released value when packaged in accordance with Note, item 100282, however there is no inadvertence clause in the event that a released value is not stated on the shipping papers. Situations involving articles packed and not packed in accordance with Note, item 100282 and released or not released as to value may pose difficulties for carriers handling such shipments.


SUBJECT 1


Transportation Characteristics Density—Information of record incorporates density observations obtained from carrier-supplied data, CCSB dock surveys and the CCSB’s Density Study2. Combined, these sources yield 243,854 density observations on articles reported to be moving per items 100240, 100250 and 100260, and result in a density range from 0.48 to 114.60 pcf, with an average density of 6.49 pcf. A frequency distribution of the overall density range is provided below.

As depicted in the frequency distribution, while shipments of household goods, personal effects or military baggage have been found to have a wide density range, over 75% of the almost one-quarter of a million density observations of record are within the 6 to 8 pcf density interval, and over 92% of the observations are between 4 and 10 pcf. Handling and Stowability—Based on the information available, shipments of household goods, personal effects or military baggage moving under the provisions of the NMFC® are generally tendered in boxes, or wooden crates that usually provide access for forklift tines. They may also be tendered unitized on lift truck skids or pallets. Handling and stowability should be comparable to that of other like-packaged freight, and there have been no reports of unusual or significant handling or stowing problems.

2 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC® item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used.

0.00%

20.00%

40.00%

60.00%

80.00%

0.00% 0.33% 3.75% 7.41%

75.72%

9.25%2.00% 0.72% 0.54% 0.14% 0.15%

% o

f Fi

gu

res

in In

terv

al

Density Intervals (pcf)

Frequency Distribution


SUBJECT 1


Liability—While no current information is available on the value of shipments moving as household goods, personal effects or military baggage, it can be safely assumed that shipments of such articles may exhibit a considerable range in value. It is also noted that item 100240 currently provides classes based on released value, subject to a minimum value per article of 10 cents per pound up to a maximum value per article of $5.00 per pound. These valuations, however, have been applicable since the provisions were adopted from the rail classification in 1936. When updated/adjusted for inflation using the Producer Price Index year-end figures from 1947 (the first year available) and 2013 (the last year available), the adjusted maximum valuation is $35.47 per pound per article. Based on the information available, when packaged in boxes or crates, there is no indication that the remaining liability elements would significantly impact the evaluation of household goods. 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 the involved household goods, personal effects or military baggage range in density from 0.48 to 114.60 pcf, with an average density of 6.49 pcf. While the identified density range is wide, over 75% of the density observations are found in the 6 but less than 8 pcf density interval and over 92% of the observations are between 4 and 10 pcf. This indicates that the identified average density of 6.49 pcf is reflective of the overall density characteristic. Under CCSB guidelines, an average density of 6.49 pcf is generally associated with class 150, which calls for a minimum average density of 6 pcf. CCSB policy also calls for classification provisions to be as clear as possible to help preclude interpretation disputes. The current provisions have been the source of interpretation difficulties. This proposal would cancel the provisions of item 100260 with reference to item 100240. Concurrently, item 100240 would be amended to provide classes based on packaging. Household goods, personal effects or military baggage would be assigned class 150 when tendered in boxes or crates, with reference to a new Note allowing certain packaging exceptions, and a ‘0’ class when not so packaged. Item 100250 would be amended to specify that articles be tendered in boxes or crates, and reference the same Note allowing certain packaging exceptions. Notes would be established to clarify the nature of articles considered to be household goods, personal effects or military baggage, and to direct the Classification user to the provisions of item 100250 when shipments are moving under the U.S. Department of Defense Personal Property Program. A Note would also be added to specify that articles susceptible to breakage or having surfaces liable to damage must be protected by adequate packing materials. Notes, items 100262, 100272, 100282 and 100292 would be canceled.


SUBJECT 1


As indicated in the history, the released value provisions in item 100240 were adopted from the rail classification in 1936. When adjusted for inflation using the Producer Price Index (PPI), the current maximum released valuation of $5.00 per pound would be adjusted to $35.47 per pound. However, the highest per pound released valuation in the NMFC® is $25.00 per pound, which is found in items 164900, for radioactive materials, and 116030, for data processing machines, systems or devices, or components, parts or peripherals thereof3. Adjusting the released valuation in item 100240 to not exceeding $25.00 per pound per article would recognize the impact of inflation and be within NMFC® precedent. Concurrently, a new Note would be added to item 100240 stipulating that unless otherwise provided in individual participating carriers’ tariffs, articles moving under the provisions of item 100240 shall only be accepted subject to a maximum liability of $25.00 per pound per article. The Note would further provide for an inadvertence clause to address situations where a value is not declared, or declared in excess of $25.00 per pound per article. 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 in item 100240. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent.

3 See CCSB Docket 2014-3, Subject 5 (September 2014) and Docket 2012-3, Subject 2 (September 2012).


SUBJECT 2


Re: Copying, Duplicating or Reproducing Machines, or Parts thereof, NOI CCSB Contact: Nathan D. Ripke Telephone — (703) 838-1869 [email protected] Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item 114000 Business or Office: subject to item 115700 116030 Machines, Systems or Devices, data processing, or Components, Parts or Peripherals thereof, see Note, item 116033, viz.: Facsimile (Fax) Machines; Printers or Scanners, computer or data processing network or system, or Parts thereof, NOI; [Other Articles Listed—Not Involved.] In boxes, crates or Packages 2050, 2253, 2254, 2286 or 2291, released to a value not exceeding $25.00 per pound, see Note, item 116031, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than 1 ..................................................................................... 400 Sub 2 1 but less than 2 ............................................................................ 300 Sub 3 2 but less than 4 ............................................................................ 250 Sub 4 4 but less than 6 ............................................................................ 150 Sub 5 6 but less than 8 ............................................................................ 125 Sub 6 8 but less than 10 .......................................................................... 100 Sub 7 10 but less than 12 .......................................................................... 92.5 Sub 8 12 but less than 15 .......................................................................... 85 Sub 9 15 but less than 22.5 ....................................................................... 70 Sub 10 22.5 but less than 30 ....................................................................... 65 Sub 11 30 or greater ................................................................................... 60 116031 NOTE—Unless otherwise provided in individual participating carriers' tariffs,

articles moving under the provisions of item 116030 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.

116033 NOTE—Not Involved.


SUBJECT 2


Present Classification Provisions — Continued Item Description Class MACHINERY GROUP: subject to item 114000 118250 Copying, Duplicating or Reproducing Machines, or Parts thereof, NOI, see Note, item 118252, in boxes, crates or Packages 1168, 2254 or 2534: Sub 1 Actual value not exceeding $30.00 per pound, see Note, item 118253 .. 100 Sub 2 Actual value exceeding $30.00 per pound but not exceeding $65.00 per pound, see Note, item 118253 ................................................... 150 Sub 3 Actual value exceeding $65.00 per pound but not exceeding $100.00 per pound, see Note, item 118253 ................................................... 200 Sub 4 Actual value exceeding $100.00 per pound, see Note, item 118253 ....... 300 118252 NOTE—Applies only on machines which produce copies, duplicates or

reproductions from original letters, drawings, documents or printed matter of any kind, or from master sheets.

118253 NOTE—Shipper must certify on shipping orders and bills of lading at time of shipment the actual value per pound of the property or the value group embracing the actual value per pound of the property. If the shipper fails to so certify the actual value, shipment will not be accepted, but if the shipment is inadvertently accepted, charges will initially be assessed on the basis of the class for the highest valuation provided. Upon proof of lower actual value, freight charges will be adjusted accordingly.

118255 Copying, NOI, scrap, prepaid, see Note, item 118256, loose............................ 85 118256 NOTE—Shipper must certify on shipping order and bill of lading at time of

shipment: "These copying machines have no actual value other than as scrap."

Package 1168

In 3-piece box made of singlewall corrugated fiberboard, the fiberboard meeting requirements of Item 222, Secs. 2 and 3, for boxes testing not less than 275 pounds. Body of box must cover all sides and must have flanges not less than 3 inches wide at top and bottom. Flanges of caps must fold down over and back under flanges of body. Caps must be securely strapped around flanges with metal straps or wire. For gross weights not exceeding 300 pounds, article must rest on wood frame specified for weights in excess of 300 pounds, or must rest on a pad full dimensions of article made of singlewall corrugated fiberboard meeting requirements of Item 222, Secs. 2 and 3, for fiberboard testing not less than 200 pounds scored and folded on ends to provide not less than 3/4 inch clearance between article and bottom of container. For gross weights exceeding 300 pounds but not exceeding 700 pounds, box must be lined with a taped tube made of doublewall corrugated fiberboard meeting requirements of Item 222, Secs. 2 and 3 for fiberboard testing not less than 600 pounds. Article must rest on wood frame made of lumber not less than 3/4 inch thick. Box must have wood skids made of lumber not less than 13/8 x 71/4 inches. Wood frame must be bolted through bottom cap of box to wood skid.


SUBJECT 2


Present Classification Provisions — Concluded

Package 1168 (Continued)

Clearance of not less than 1 inch must be maintained between body of article and inner walls and top of box in all boxes. Gross weight must not exceed 700 pounds. Proposed Classification Provisions Item Description Class MACHINERY GROUP: subject to item 114000 Business or Office: subject to item 115700 116030 Machines, Systems or Devices, data processing, or Components, Parts or Peripherals thereof, see Note, item 116033, viz.: Copiers, Printers, Scanners or Facsimile (Fax) Machines, or Components or Parts thereof, NOI, see Note, item NEW, also in Package 2534; Facsimile (Fax) Machines; Printers or Scanners, etc. [Other Articles Listed—No Change.] In boxes, crates or Packages 2050, 2253, 2254, 2286 or 2291, released to a value not exceeding $25.00 per pound, see Note, item 116031, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than 1 ..................................................................................... 400 Sub 2 1 but less than 2 ............................................................................ 300 Sub 3 2 but less than 4 ............................................................................ 250 Sub 4 4 but less than 6 ............................................................................ 150 Sub 5 6 but less than 8 ............................................................................ 125 Sub 6 8 but less than 10 .......................................................................... 100 Sub 7 10 but less than 12 .......................................................................... 92.5 Sub 8 12 but less than 15 .......................................................................... 85 Sub 9 15 but less than 22.5 ....................................................................... 70 Sub 10 22.5 but less than 30 ....................................................................... 65 Sub 11 30 or greater ................................................................................... 60 116031 NOTE—Unless otherwise provided in individual participating carriers' tariffs,

articles moving under the provisions of item 116030 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.

116033 NOTE—No Change. NEW NOTE—Also applies on stand-alone copiers, or components or parts thereof,

that are not a part of a computer or data processing network or system.


SUBJECT 2


Proposed Classification Provisions — Concluded Item Description Class MACHINERY GROUP: subject to item 114000 118250 Copying, Duplicating or Reproducing Machines, or Parts thereof, NOI, etc. .................................................................................... Cancel; see item 116030 118252 NOTE—Cancel; no further application. 118253 NOTE—Cancel; no further application. 118255 Copying, NOI, scrap, prepaid, etc. .................................................... Cancel; see item 116030 118256 NOTE—Cancel; no further application.

Package 1168

Cancel; believed to be obsolete. Analysis


Research Project 1207 was initiated in October 2013 to address the ongoing interpretation inquiries as to the proper classification for network-ready copiers with print, scan and/or facsimile (fax) functionality. The CCSB has consistently held the opinion that item 118250 applies on these articles, stating that these multi-functional machines are derived from a copier, and will be classified as such, regardless of whether or not the copier is network-ready and/or capable of sending, receiving, printing or scanning documents. Whereas, machines represented as facsimile (fax) machines, or computer or data processing network or system printers or scanners are currently named in item 116030. The research project was also initiated to review the transportation characteristics of articles represented as copying, duplicating or reproducing machines, or parts thereof. Hereinafter, these products will be referred to as “copiers.” A total of 387 potential manufacturers or shippers of copiers, and 13 associations believed to represent those companies, were sent questionnaires in November of 2013, and for those that did not respond, again in January of 2014 inviting them to participate in the research. Of the companies contacted, 36 responded that they do not manufacture or ship copiers, and three companies provided information; however, not all the information was usable. Two associations responded that they do not represent the involved companies, while no response was received from the remaining 11 associations.


SUBJECT 2



Item 118250 and Note, item 118252 were established as a result of action taken on Docket 92, Subject 47 (January 1960) and Docket 93, Subject 68 (March-April 1960). The provisions first appeared in Supplement 5 to NMFC A-5, effective January 26, 1961. The current classes in item 118250, and the Note, item 118253, are the result of action taken on Docket 915, Subject 10 (August 1991), which was a proposal to provide subprovisions based on the articles’ actual value per pound. Information on that record indicated densities ranging from 6.00 to 20.20 pcf, with an average density of 11.40 pcf. There were no significant handling or stowability concerns identified; however, the commodities were found to be somewhat susceptible to damage. Furthermore, product values ranged from $12.26 to $119.43 per pound (in 1991 dollars). The proposal was approved as docketed, and the changes first appeared in Supplement 4 to NMF 100-R, effective October 12, 1991. A subsequent proposal, Docket 916, Subject 5 (September 1991), was docketed to amend item 118250 to also apply on “Parts thereof, NOI.” The proposal was approved as docketed, and the change first appeared in Supplement 5 to NMF 100-R, effective November 9, 1991. As a result of action taken on Docket 2012-1, Subject 12 (January 2012) a CCSB-registered third party package testing laboratory docketed a proposal to establish a new package that was shown to provide adequate protection for copiers. The proposal was approved as docketed, and the package – Package 2534 – first appeared in Supplement 1 to NMF 100-AL, effective April 14, 2012. The provisions of item 118250 have remained unchanged to the present. Item 118255 and Note, item 118256 were established as a result of action taken on Docket 766, Subject 56 (September 1976), which was a proposal to add a specific entry for scrap copiers. The proposal was approved as modified, and the provisions first appeared in Supplement 3 to NMF 100-D, effective April 30, 1977. The provisions have remained substantially unchanged to the present.

About Copiers

At the time the current provisions were established, copiers were stand-alone machines that functioned independently. They required a user to manually input a document to be copied and reproduced it on the same machine. As technology has advanced, so too has the copier. It has been integrated with multiple devices, including printers, scanners and/or fax machines to provide centralized document management, distribution and production. Depending on the needs of the end user, these functions may be carried out in a commercial or institutional setting, at home, over a network or from a stand-alone unit. This multi-functionality has made it impractical to distinguish between the different products from a classification standpoint. Furthermore, these machines have evolved into modular units and allow for a variety of components or parts to be purchased along with, or separate from, the basic machine to


SUBJECT 2


enhance its functionality. These components or parts can vary greatly in complexity, size, shape and weight. Examples of the involved products are shown below.

Transportation Characteristics Density— Information of record includes 48,455 density observations submitted by carriers, collected during CCSB dock surveys and obtained from the CCSB Density Study1. The products range in density from 0.88 to 64.35 pcf, with an average density of 8.57 pcf. The frequency distribution is shown below.


0.00%

5.00%

10.00%

15.00%

20.00%

25.00%

0.00% 0.75%

7.39%

20.40%21.65% 23.06%

11.83%

8.81%

4.50%

0.93% 0.67%

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SUBJECT 2


Handling—Copiers are generally shipped in boxes, crates, authorized numbered packages, or an assortment of non-complying packages. Shipments may or may not be secured or unitized on lift truck skids or pallets. Instructions on the product packaging may advise the carrier that the contents are “Fragile” and to “Handle with Care.” The packaging may include precautionary markings such as directional arrows to indicate that the commodity should be handled in an upright orientation. However, no significant handling concerns have been reported. Stowability—Instructions on the product packaging may advise the carrier, “Do Not Stack” freight on top of the copier. These instructions may result in less-than-optimum utilization of the available vehicle cube. Some copiers may have wheels attached making those units more difficult to securely stow. However, no significant stowability concerns have been reported. Pictures of the involved products as tendered for shipment are shown below.

Liability—Liability to damage and product value have long been a concern for copiers. No value information was submitted in conjunction with this record; however, Internet searches indicate that the involved copiers and their components or parts can range in retail value from less than $10.00 to over $19,000.00. Nine member carriers submitted claims and packaging information outlined in the table below.

Carrier ID

# of Shipments

# of Claims

Claims Ratio

Carrier Comments

3 1,536 - 8.66

3 2,372 - 6.02

2 - - 5.18 HSCs do not support top loaded freight due to void space.

1 7,297 22 4.72

8 - - 4.13

6 - - 2.21

5 - 10 1.29 Packaging appears to meet the NMFC requirements.

8 - - 1.10

3 1,619 - 0.37

4 - - 0.17

3 342 - 0.00

7 - - - Excessive full value claim on 300 lb. unit could cost $8,000.

9 - - - We are not handling this freight because of its high value.


SUBJECT 2


While there are varying claims ratios reported, many claims appear to be the result of inadequate and non-complying packaging, as shown in the photos below. According to the CCSB’s Packaging Consultant, these methods of packaging do not meet the minimum packaging requirements set forth in item 118250.

The remaining liability elements do not significantly impact the evaluation of these products.

With respect to packaging, Package 1168 was established in 1968, and the machines

that it was developed for vary greatly from those copiers that are manufactured and shipped today. Today’s copiers are made of lighter-weight materials that are less able to support top freight than older machines.

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. The copiers named in item 118250 have evolved since its provisions were established. Copiers may now be equipped with computer network or data processing technology and are also capable of printing, scanning or faxing documents. Furthermore, the same model of copier can be designed, represented and sold for commercial, institutional or home use, and function over a computer network or as a stand-alone unit. This multi-functionality has made it difficult to distinguish between the machines named in item 118250 and those named in item 116030. CCSB policy also calls for classification provisions to reflect a commodity’s known transportation characteristics. CCSB policy further states that commodities exhibiting a wide range in density 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. Information of record indicates that copiers range in density from 0.88 to 64.35 pcf, with an average density of 8.57 pcf and densities distributed throughout the range. Moreover, the distribution of densities is very similar to that exhibited when the current provisions of item 116030 were established. (See Docket 2012-3, Subject 2 (September 2012).)


SUBJECT 2


This proposal would cancel the provisions of items 118250 and 118255 with reference to item 116030 where classes are predicated on the CCSB’s standard 11-subprovision density progression2. Concurrently, the separate references to Facsimile (Fax) Machines, and Printers or Scanners would be removed from the “viz.” listing in item 116030, and a new listing would be added for “Copiers, Printers, Scanners or Facsimile (Fax) Machines, or Components or Parts thereof, NOI.” This should address interpretation disputes. The new listing would reference a new Note clarifying that the provisions would also apply on stand-alone copiers, or components or parts thereof, that are not a part of a computer or data processing network or system. Notes, items 118252, 118253 and 118256 would be canceled with no further application. The new listing would reference currently authorized Package 2534. Package 2254 is currently an authorized numbered package for articles described in item 116030 and, accordingly, would be maintained. Copiers are no longer manufactured in the same manner as the machines for which Package 1168 was intended to protect; therefore, canceling Package 1168 as obsolete would be in keeping with CCSB policy. 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.


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SUBJECT 3


Re: Rakes or Lutes, magnesium CCSB Contact: George M. Beck Telephone — (703) 838-1813 [email protected] Allison L. Austin (703) 838-8864 [email protected] Proponent: Surfa Slick, LLC, Riverside, California Present Classification Provisions Item Description Class TOOLS, OR PARTS NAMED: subject to item 183550 Rakes, hand, having tines constructed of: subject to item 185645 185653 Magnesium, in boxes..................................................................................... 100 Proposed Classification Provisions Item Description Class TOOLS, OR PARTS NAMED: subject to item 183550 Rakes, hand, having tines constructed of: subject to item 185645 185653 Magnesium, etc. ............................................................................. Cancel; see item NEW NEW Rakes or Lutes, hand, consisting of magnesium heads with detached handles of same or other material; or Handles or Parts thereof, NOI; in boxes: Sub 1 Exceeding 96 inches in length ........................................................................ 92.5 Sub 2 Not exceeding 96 inches in length ................................................................ 70 Analysis This proposal was submitted by Surfa Slick, LLC to add a new item under the Tools, or Parts Named generic heading for magnesium rakes or lutes, or handles or parts thereof. The proponent’s rakes or lutes are currently classified under the provisions of item 185653, naming “Rakes, hand, having tines constructed of magnesium.” The proponent states, however, that these particular commodities exhibit transportation characteristics not reflected in the current class 100. The proposal seeks to establish provisions for magnesium rakes or lutes, based on the length of the handling unit.


Provisions for magnesium rakes were established as a result of action taken on Docket 932, Subject 18 (March 1993). That proposal sought to establish classes for rakes based on the material construction of the tines. Information on that record showed a density of 9.47 pcf for magnesium rakes. When shipped in boxes, no unusual or significant handling, stowability or liability problems were indicated. The proposal was approved as modified, and the provisions first appeared in Supplement 2 to NMF 100-T, effective July 10, 1993. The provisions have remained substantially unchanged to the present.


SUBJECT 3


About Magnesium Rakes or Lutes Magnesium rakes or lutes are tools primarily used in the spreading and leveling of asphalt or concrete. They may also be used to level dirt, rock, gravel or snow. The proponent’s products consist of a fiberglass or magnesium handle, metal connector bracket and a magnesium rake or lute head. Some handles will exceed eight feet in length. Examples of the involved parts and assembled product are shown in the photos below.

Transportation Characteristics

Density—The proponent submitted a total of 89 density observations, including data on all of its models of magnesium rakes or lutes and the individual parts. The densities range from 9.41 to 28.46 pcf, with an average density of 18.73 pcf. A frequency distribution is shown below.

0.00%

10.00%

20.00%

30.00%

40.00%

0.00% 0.00% 0.00% 0.00% 0.00%2.25%

4.49%

22.47%

32.58%

38.20%

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SUBJECT 3


When the data is evaluated based on the handling unit’s length, the following density ranges and averages emerge.

Handling Unit Length Density Range (pcf) Average Density (pcf)

Exceeding 96 inches 9.41 – 16.57 13.39

Not exceeding 96 inches 11.63 – 28.46 20.38

Handling—As shown in the photo on the right, the proponent’s magnesium rakes or lutes are shipped in fiberboard boxes secured on lift truck skids or pallets. Individual components (i.e. handles, connector brackets or heads) of magnesium rakes or lutes may be shipped in boxes on the same handling unit. Data furnished by the proponent indicates that handling units can exceed 96 inches in length. Generally, freight that exceeds 96 inches in length will require extra care and attention during handling. Stowability—The proponent states that the involved products are stackable. However, depending on the shipment configuration, its magnesium rakes or lutes may or may not provide a regular load-bearing surface for top freight. In addition, handling units that exceed 96 inches in length may complicate the carrier’s ability to structure a load and maximize vehicle utilization. Liability—The involved articles are not perishable, hazardous in nature, unusually susceptible to theft, unusually liable to damage and would not appear likely to damage other freight. The proponent provided the list prices for various models of its magnesium rakes or lutes. The list price ranges from $12.58 to $13.48 per pound, with an average price per pound of $13.16. The individual parts range in list price from $12.00 to $19.43 per pound, with an average price per pound of $14.33. The proponent states that no claims have been filed for a one-year period. Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to reflect a commodity’s known transportation characteristics. The proponent asserts that the provisions of item 185653 for “Rakes, hand, having tines constructed of magnesium” are not reflective of the transportation characteristics of its products. Information provided by the proponent includes 89 density observations ranging from 9.41 to 28.46 pcf, with an average density of 18.73 pcf. An average density of 18.73 pcf is generally associated with a class 70, which under CCSB guidelines calls for a minimum average density of 15 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. In this regard, it is noted that some of the involved magnesium rakes or lutes exceed 96 inches in length, which present additional handling and stowability considerations. In such situations, classification precedent has been to assign a class higher than that called for under the CCSB density guidelines. Surfa Slick has proposed classes accordingly, as outlined in the table on the following page.


SUBJECT 3


This proposal would cancel item 185653 with reference to a new item for “Rakes or Lutes, hand, consisting of magnesium heads with detached handles of same or other material; or Handles or Parts thereof, NOI,” at class 70 when the length does not exceed 96 inches, consistent with the respective density guideline. Handling units exceeding 96 inches in length would be assigned a class 92.5, one class higher than that called for by the respective density guideline. This proposal is in keeping with CCSB policies and precedent.

Handling Unit Length Average Density

(pcf)

CCSB Minimum Average Density

Guideline (pcf)

Class Based on

CCSB Guidelines

Class Adjustment Based on Handling

and Stowability Considerations

Exceeding 96 inches 13.39 12 85 92.5

Not exceeding 96 inches 20.38 15 70 --


SUBJECT 4


Re: Dishwashers (Dishwashing Machines) CCSB Contact: Shannon C. Allard Telephone — (703) 838-1809 [email protected] Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item 114000 119540 Dishwashing Machines (Dishwashers), NOI, or Dishwashing Machines

(Dishwashers) and Sink Cabinets, with or without sinks, combined, household, in boxes, crates or Packages 107, 216, 1019, 1082 or 1254 .................................................................................... 100 119560 Dishwashing Machines (Dishwashers), other than household type, in boxes, crates, or on skids ....................................................................... 92.5 Proposed Classification Provisions Item Description Class MACHINERY GROUP: subject to item 114000 119540 Dishwashing Machines (Dishwashers), NOI, or Dishwashing Machines

(Dishwashers) and Sink Cabinets, etc ..................................... Cancel; see item 119560 119560 Dishwashers (Dishwashing Machines): Sub 1 In boxes, crates or Packages 107, 216, 1019, 1082 or 1254, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than 6 ................................................................................................ 200 Sub 3 6 but less than 10 ..................................................................................... 125 Sub 4 10 or greater ............................................................................................... 77.5 Sub 5 In packages other than boxes, crates or Packages 107, 216, 1019, 1082 or 1254, subject to Item 170 and having a density in pounds per cubic foot of: Sub 6 Less than 6 ................................................................................................ 250 Sub 7 6 but less than 10 ..................................................................................... 150 Sub 8 10 or greater ............................................................................................... 85


SUBJECT 4


Analysis


This proposal is based on information developed through Research Project 1190, which was initiated in August of 2013 to investigate the transportation characteristics of dishwashers, as named in items 119540 and 119560. During the course of research, questionnaires were mailed to 174 potential manufacturers or shippers and seven trade associations in August of 2013, and again to those that did not respond, in December of 2013, inviting them to participate in the research. From this sampling, two questionnaires were returned as undeliverable, 10 companies responded that they did not manufacture or ship the involved articles, and five companies provided some information; however, not all of the information was usable. Regarding the seven trade associations contacted, two responded that they did not represent manufacturers or shippers of the involved articles. No response was received from the remaining associations.


Provisions for dishwashing machines were adopted from the rail classification and first appeared in LTL-1, effective April 1, 1936 at a rating equivalent to class 100. Docket 69, Subject 69 (June 1955) proposed to amend the provisions to include dishwashing machines and cabinet sinks combined. Docket 70, Subject 70 (September 1955) proposed to establish a new item for dishwashing machines, other than household type, at class 92.5. Information on that record indicated an average density of 21.20 pcf and an average value of $2.00 per pound (in 1955 dollars). As a result of action taken on the two proposals, the current provisions of items 119540 and 119560 were established, first appearing in Supplement 1 to NMFC A-3, effective June 21, 1956. Except for clarification and packaging changes, the items have remained substantially unchanged to the present.

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SUBJECT 4


About Dishwashers

The information of record encompasses dishwashers intended to be utilized in household, commercial or institutional settings. While household dishwashers are generally of comparable size and shape to one another, commercial or institutional dishwashers vary greatly in size and configuration. The involved products are typically constructed of metal, plastic or a combination of both. Examples of the involved dishwashers are shown in the photos below.

Shipments of Dishwashers

Dishwashers may be tendered in crates, in boxes (which may or may not be palletized), or secured on lift truck skids or pallets. Those tendered on lift truck skids or pallets may be simply wrapped in plastic film, or they may be wrapped in plastic film and have packing forms, such as fiberboard top caps or foam corner protectors. The photos below show examples of dishwashers as tendered for shipment.

Household Commercial or

Institutional Commercial or

Institutional Commercial or

Institutional


SUBJECT 4


Transportation Characteristics Density—Information of record includes 7,521 density observations submitted by shippers and carriers, observed firsthand on CCSB dock surveys and obtained from the CCSB Density Study1. The products range in density from 1.07 to 57.68 pcf, with an average of 8.67 pcf. The frequency distribution shown below illustrates that the densities are distributed throughout the range, but the data can be divided into three density groupings of less than 6 pcf, 6 but less than 10 pcf, and 10 pcf or greater.

When the data is evaluated on the basis of the three proposed density groupings, the following ranges and averages are calculated.

Density Group (pcf) Density Range (pcf) Average Density (pcf) Percentage of

Figures in Group

Less than 6 1.07 – 5.99 4.45 35.33%

6 but less than 10 6.00 – 9.99 7.66 32.47%

10 or greater 10.00 – 57.68 14.31 32.20%


0.00%

5.00%

10.00%

15.00%

20.00%

25.00%

0.00%0.53%

10.52%

24.28%

20.89%

11.58%10.42%

14.88%

4.89%

1.12%0.89%

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SUBJECT 4


Handling—When tendered in boxes, including the authorized numbered packages, in crates, or on lift truck skids or pallets, dishwashers will generally exhibit handling characteristics similar to those of other like-packaged freight. These packages may include handling instructions or precautionary markings such as “Fragile” and/or “This Side Up,” but generally, articles so tendered will not present any unusual or significant handling considerations. Stowability—When tendered in boxes or crates, a flat load-bearing surface will generally be present for loading other freight on top, and there will typically be lateral support for adjacent freight, resulting in a greater ability for carriers to readily structure a load and enabling better utilization of available vehicle space.

When the involved articles are tendered secured on lift truck skids or pallets, but not in boxes or crates, some negative stowability considerations have been identified. These dishwashers may lack a regular load-bearing surface for top freight. When tendered this way, shipper instructions or precautionary markings often include “Do Not Stack.” Also, when placing the article inside the carrier’s vehicle, such packaging may limit the type of freight that can be safely stowed adjacent to it. This can result in increased time on the part of the carrier to properly structure the load, including the use of load decks and/or dunnage, to minimize the potential for damage. Liability—The involved articles are not perishable, hazardous in nature or unusually susceptible to theft. As is the case with most general commodities, when tendered for shipment fully enclosed within a box or crate, they should not be unusually susceptible to damage, nor likely to damage other freight with which transported. When tendered on a lift truck skid or pallet without protective packaging, however, these products may exhibit a greater susceptibility to damage compared to similar units tendered in a box or crate. Additionally, shipments loaded in a vehicle are generally supported to some extent by adjacent freight. When these articles are not in a box or crate, they may not provide sufficient lateral support for adjacent freight, which can result in damage to the article itself or the adjacent freight, or both. With regards to claims, two carriers reported that they have not experienced any claims with dishwashers, while a third carrier reported claims ratios of 0.09% and 0.18% for items 119540 and 119560, respectively. However, with respect to item 119560, two additional carriers expressed concern that when the involved commodities are shipped loose2, or packaged with the sides exposed, the article is likely to become scratched or dented, and thus, will likely result in a claim. Responding shippers have indicated minimal to no claims on these commodities. The value per pound for dishwashers ranges from $7.40 to $39.33, with an average of $18.32 per pound.

2 While some of the involved dishwashers are shipped loose, neither the present provisions nor the proposed provisions authorize loose shipments.


SUBJECT 4


Relationship to CCSB Policies and Guidelines CCSB policy calls for provisions to reflect a commodity’s known transportation characteristics. Information of record shows dishwashers range in density from 1.07 to 57.68 pcf, with an average of 8.67 pcf. CCSB policy states that when commodities or commodity groups exhibit a wide density range not accurately reflected by a single overall average density, density-based classes may be established. As shown in the table below, the data can be divided into three density groupings of less than 6 pcf, 6 but less than 10 pcf, and 10 pcf or greater, with classes reflective of the average density of each respective grouping.

Density Group (pcf) Average Density

(pcf) CCSB Minimum Average Density Guideline (pcf)

Class Based on CCSB Density

Guidelines

Less than 6 4.45 4 200

6 but less than 10 7.66 7 125

10 or greater 14.31 13.5 77.5

CCSB policies further state that unusual or significant negative handling, stowability or

liability characteristics may be contributing factors in the assignment of classes. When dishwashers are tendered in boxes or crates, negative handling, stowing or liability considerations are greatly mitigated. Most boxes or crates provide a flat load-bearing surface and allow the carrier to safely load freight adjacent to them. Articles tendered in boxes or crates also typically provide greater protection against damage to the article itself and to other freight. Negative stowing and liability concerns have been found when dishwashers are tendered for shipment in packages other than boxes or crates. These packages generally do not provide a flat load-bearing surface for top freight, they may not provide sufficient lateral support for adjacent freight, and may require additional attention, as prescribed by shipper instructions or precautionary markings on the package. Dishwashers tendered in this manner impede the carrier’s ability to structure a load, and may be more susceptible to damage or likely to damage other freight during transit. Based on the identified stowing and liability concerns, classification precedent has been to assign classes higher than those provided by the CCSB density guidelines. This proposal would establish classes based on packaging and density3, with a one-class adjustment for those dishwashers in packages other than boxes, crates or Packages 107, 216, 1019, 1082 or 1254 (which are box-type packages), as shown in the table below.


(pcf)

Class Based on CCSB Density

Guidelines

Class Adjustment Based on Stowability and Liability

Considerations

Less than 6 4.45 200 250

6 but less than 10 7.66 125 150

10 or greater 14.31 77.5 85

3 Both sets of classes would include reference to Item (Rule) 170, the inadvertence clause.


SUBJECT 4


A similar approach was taken on Docket 2013-1, Subject 5 (January 2013) involving laundry washers or washer-extractors, other than household, as named in item 124355. Density was determined to be the primary transportation characteristic when washers or washer-extractors were shipped in boxes, crates or Packages 1022 or 2426 (which are box-type packages). When tendered in other packages, the washers or washer-extractors presented additional stowing and liability concerns. Accordingly, classes were predicated on packaging and density, assigning one class higher for washers or washer-extractors tendered for shipment in packages other than boxes, crates or Packages 1022 or 2426. That proposal was approved as docketed, and the provisions first appeared in Supplement 1 to NMF 100-AM, effective April 20, 2013. Based on the information of record, this proposal, as docketed, would be in keeping with CCSB policy and precedent.


SUBJECT 5


Re: Inserts or Supplements, newspaper, or Magazines or Periodicals — Items 161685 and 161700 CCSB Contact: Erin N. Topper Telephone — (703) 838-8856 [email protected] Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class PRINTED MATTER GROUP: subject to item 161500 161685 Inserts or Supplements, newspaper: Sub 1 Other than in continuous lengths in wrapped rolls weighing each 300 pounds or over, in packages .............................................................. 60 Sub 2 In continuous lengths in wrapped rolls each weighing 300 pounds or over ....................................................................................................... 55 161700 Magazines or Periodicals, new; Magazines or Periodicals, old, having value other than for salvage of raw material; Magazine or Periodical Parts, paper, other than having value for credit purposes, see Note, item 161701; In packages ..................................................................................................... 55 161701 NOTE—Applies on covers; or on single or multiple pages of printed advertising

or reading matter, folded or cut or not folded nor cut to final sheet size. Does not apply on articles or material having any function or purpose other than that of reading matter or conveying an advertiser's message to readers.

Proposed Classification Provisions Item Description Class PRINTED MATTER GROUP: subject to item 161500 161685 Inserts or Supplements, newspaper, etc. ........................................... Cancel; see item 161700 161700 Magazines or Periodicals, see Note, item 161701; or Newspaper Inserts or Supplements; in packages, see Note, item NEW .................... 65 161701 NOTE—Also applies on magazine or periodical covers or on single or

multiple pages of printed advertising or reading matter, folded or cut or not folded nor cut to final sheet size. Does not apply on articles or material having any function or purpose other than that of reading matter or conveying an advertiser's message to readers.


SUBJECT 5


Proposed Classification Provisions — Concluded Item Description Class NEW NOTE—Magazines, periodicals or newspaper inserts or supplements tendered

for shipment on lift truck skids or pallets must not overhang the skid or pallet deck, and all exposed surfaces and edges must be completely wrapped with plastic film or corrugated fiberboard. Magazines, periodicals or newspaper inserts or supplements stacked on lift truck skids or pallets must be secured to the lift truck skid or pallet by strapping in opposing directions, with at least two straps in each direction. All corners and strapping contact points must be protected by packing forms.

Analysis


Research Project 1181 on newspaper inserts or supplements, as named in item 161685, was initiated in May of 2013 in response to carrier reports of packaging issues and densities inconsistent with the currently assigned classes 60 and 55. Subsequent to the research project, it was found that interpretation issues exist between item 161685 and item 161700, which names magazines or periodicals. Therefore, the information of record for this proposal encompasses information on products classified in both of these items. In conjunction with the project, questionnaires were mailed to 149 potential manufacturers or shippers of the involved products and 14 associations believed to represent those manufacturers or shippers, in July and September of 2013. From those mailings, usable information was received from two companies; one company responded but did not provide usable data; and three reported that they do not manufacture or ship these products. Of the associations contacted, one responded and indicated that their membership is not involved with the products. No response was received from the remaining associations.


Provisions for newspaper supplements were adopted from the rails and first appeared in LTL-1, effective April 1, 1936. Provisions for newspaper inserts were established as a result of Docket 95, Subject 73 (September, 1960) and first appeared in Supplement 6 to NMFC A-5, effective March 16, 1961. The current provisions of item 161685 were established as a result of action taken on Docket 888, Subject 1 (December, 1988), which was a proposal to combine the provisions for newspaper supplements and newspaper inserts for clarification and simplification, with no class change. Information from that record reveals that the terms “supplements” and “inserts” once had been readily identifiable; however, over time the terms became interchangeable. The current provisions first appeared in Supplement 8 to NMF 100-O, effective February 3, 1989. The item has remained substantially unchanged to the present.


SUBJECT 5


Provisions for magazines or periodicals were adopted from the rails and first appeared in LTL-1, effective April 1, 1936. The current class was established as a result of action taken on Docket 69, Subject 111 (June, 1955) and first appeared in Supplement 14 to NMFC A-2, effective October 18, 1955. The last substantive change in the provisions occurred as a result of action taken on Docket 758, Subject 37 (November, 1975). That proposal removed references to magazine or periodical covers or part covers and flexible paper book covers, while “having value other than for salvage of raw material” and “other than having value for credit purposes” were added. The changes first appeared in Supplement 4 to NMF 100-C, effective June 18, 1976, and item 161700 has remained substantially unchanged to the present.

About Newspaper Inserts or Supplements, or Magazines or Periodicals

Newspaper inserts primarily are advertisements delivered inside a newspaper. Over time, these advertisements have proven to be a cost-effective method of marketing to generate immediate sales. Since the inserts are distributed to local markets they can service the individual advertiser’s needs and can effectively reach targeted markets. A newspaper supplement is generally a weekly section of its

parent and may have a Sunday magazine format. It typically covers wide-ranging and less time-critical subjects, e.g. Parade1. Specifications for the inserts or supplements have been developed to simplify the production and inclusion of them into newspapers. A periodical or periodical publication “appears in a new edition on a regular schedule…often…daily, or weekly.”2 “Magazines are publications, usually periodical publications…published on a regular schedule and contain a variety of content. They are generally financed by advertising, by a purchase price, by prepaid subscriptions, or a combination of the three.”3

Shipments of Newspaper Inserts or Supplements, or Magazines or Periodicals

Stacks of newspaper inserts or supplements, or magazines or periodicals are typically tendered on lift truck skids or pallets (either made of wood or plastic). The stacks may or may not be banded to the lift truck skid or pallet, fully or partially wrapped in plastic film, or enclosed in fiberboard boxes. Examples of the various types of packaging are shown in the photos below.

1 http://en.wikipedia.org/wiki/Supplement_%28publishing%29 (accessed September, 2014) 2 http://en.wikipedia.org/wiki/Periodical_literature (accessed September, 2014) 3 http://en.wikipedia.org/wiki/Magazine (accessed September, 2014)


SUBJECT 5


Transportation Characteristics Density—The information of record includes 121,428 density observations submitted by shippers and carriers, observed firsthand on CCSB dock surveys and gathered from the CCSB’s Density Study4. The densities range from 1.84 to 149.41 pcf, with an average of 27.58 pcf. As the overall frequency distribution below shows, over half of the figures fall in the 22.5 but less than 30 pcf interval.

Handling and Stowability—When tendered in boxes or properly secured to lift truck skids or pallets, such as in the photo on the right, these articles should not pose any notable handling or stowing considerations. Liability—There is no evidence that newspaper inserts or supplements, or magazines or periodicals are unusually susceptible to theft or prone to damage other freight with which transported. Most if not all shipments of the involved products are time-sensitive and, therefore, perishable. When not tendered in boxes or stacked adequately secured and protected on lift truck skids or pallets, these articles are liable to damage from shifting during transit. Exposure to moisture should be avoided to prevent damage. Examples of failed packaging resulting in potential claims are shown on the following page.


0.00%

20.00%

40.00%

60.00%

0.00% 0.00% 0.01% 0.17% 0.56% 1.31% 1.52% 2.92%

11.50%

54.57%

27.44%

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SUBJECT 5


One carrier reported zero claims in 2013 for item 161685. A second carrier has two accounts with claims ratios of 7.96% and 7.45% for item 161685; however, another of that carrier’s accounts had only one shortage claim filed. The carrier does not “seem to have a big issue with damages on this commodity, [as] one of our shippers tendered over 4,000 shipments in 2013 with no damage claims.” They also reported zero claims for freight moving under item 161700. A third carrier has no claims for either of the involved items. While a fourth carrier does not handle magazines or periodicals, they do handle “advertising inserts and those are packaged by printers. They stack them on [lift truck] skids and wrap them in stretchwrap. They are slippery and not secured to the [lift truck] skid. They are very expensive if they slide off the skids…usually [$5,000] for each [lift truck] skid that gets damaged. And we can’t restack them because they won’t go thru the machines [that insert them into the newspapers] properly.” No information was received on the value per pound of these commodities. Relationship to CCSB Policies and Guidelines CCSB policies state that provisions in the Classification should reflect a commodity’s known transportation characteristics. CCSB packaging policies call for packaging specifications to be established to ensure that freight is adequately protected in the motor carrier environment. The density of newspaper inserts or supplements, or magazines or periodicals ranges from 1.84 to 149.41 pcf, with an average density of 27.58 pcf. An average density of 27.58 pcf is associated with class 65 per CCSB guidelines, which call for a minimum average density of 22.5 pcf. When tendered in boxes or secured on lift truck skids or pallets, no unusual handling or stowing considerations were identified. However, if not adequately secured to lift truck skids or pallets or protected by packaging, the involved products are liable to damage from the normal rigors of the LTL environment.


SUBJECT 5


CCSB policies call for classification provisions to be as clear as possible to help preclude interpretation disputes. Based on information received in connection with the research project, an interpretation issue exists between newspaper inserts or supplements named in item 161685 and magazines or periodicals named in item 161700. In view of the foregoing, it would be in keeping with CCSB policies to cancel item 161685 with reference to item 161700 and concurrently amend the description of item 161700 and assign a class 65 to all of the involved products, based on the average density of 27.58 pcf. In keeping with CCSB packaging policies, a new attendant Note would be added requiring the involved products, when tendered on lift truck skids or pallets, to not overhang the skid or pallet deck and for all exposed surfaces and edges to be covered with plastic film or corrugated fiberboard. Magazines, periodicals or newspaper inserts or supplements stacked on lift truck skids or pallets would be required to be secured to the lift truck skid or pallet with strapping in opposing directions, and all corners and strapping contact points would be required to be protected by packing forms. Note, item 161701 would be amended for clarification. This proposal is in keeping with CCSB precedent. As a result of action taken on Docket 2009-2, Subject 2 (June, 2009), the provisions of item 150930, which names enameled, glazed or surface-coated paper, were amended – in part – to reference a new Note that provided additional packaging requirements for protecting and securing paper tendered on lift truck skids or pallets. That proposal was approved as docketed, and the provisions first appeared in Supplement 3 to NMF 100-AI, effective August 22, 2009. Based on the information of record, this proposal, as docketed, is consistent with CCSB guidelines, policies and precedent.


SUBJECT 6


Re: Air Curtains or Air Doors CCSB Contact: Daniel E. Horning Telephone — (703) 838-1820 [email protected] Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item 114000 114125* Air Conditioners, Air Coolers or Air Handling Equipment, viz.: Air Conditioners or Air Coolers, NOI, with or without compressors or heating apparatus; Air Handlers, with or without heating apparatus; Heat Pumps, air heating or cooling; Refrigeration Condensers, NOI; Refrigeration Evaporators (Cooling Coils or Cooling Units), NOI; Sub 1 In boxes, crates or Packages 2475 or 2476, see Note, item 114128, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than 6 .......................................................................................... 200 Sub 3 6 but less than 10 ................................................................................ 125 Sub 4 10 or greater ......................................................................................... 77.5 Sub 5 In packages other than boxes, crates or Packages 2475 or 2476, see Notes, items 114128 and 114129, subject to Item 170 and having a density in pounds per cubic foot of: Sub 6 Less than 6 .......................................................................................... 250 Sub 7 6 but less than 10 ................................................................................ 150 Sub 8 10 or greater ......................................................................................... 85 114128 NOTE—Not Involved. 114129 NOTE—Not Involved. * Published in Supplement 4 to NMF 100-AN, issued on September 15, 2014 with an effective date of September 27, 2014.


SUBJECT 6


Proposed Classification Provisions Item Description Class MACHINERY GROUP: subject to item 114000 114125 Air Conditioners, Air Coolers, etc ............................................................ No Change 114128 NOTE—No Change. 114129 NOTE—No Change. NEW Air Curtains or Air Doors, with or without heating apparatus, in boxes or crates: Sub 1 Exceeding 96 inches in length ...................................................................... 150 Sub 2 Not exceeding 96 inches in length .............................................................. 110 Analysis

Research Project 1186 and Background of Proposal

This proposal is based on information developed in connection with Research Project 1186, pertaining to air curtains. The project was initiated in June of 2013 in light of evidence of potential interpretation disputes and to address possible inconsistencies with respect to the transportation characteristics of these products in relation to CCSB guidelines.

During the course of the project, questionnaires were sent to 90 potential manufacturers or shippers of air curtains along with eight associations believed to represent those manufacturers or shippers. Mailings were sent in June of 2013, and for non-respondents, a second, follow-up questionnaire was sent in August of 2013 inviting them to participate in the research. Additional questionnaires were sent as the CCSB was made aware of other potential industry contacts. From those mailings, usable information was received from one company; two companies did not provide usable information and eight firms indicated they do not manufacture or ship these products. Of the associations contacted, two responded that they do not represent manufacturers or shippers of air curtains. Additional information was developed through the CCSB Density Study1 and carrier-submitted reports. Subject 2 of Docket 2014-1(January, 2014) was a proposal to establish a specific item for air curtains or air doors, assigning class 100 to handling units not exceeding 96 inches in length, and class 125 to handling units exceeding 96 inches in length. An addendum to that proposal was prepared based on additional data received after the proposal was docketed. That data, however, lowered the average density both for handling units not exceeding 96 inches in length and handling units exceeding 96 inches in length. To accommodate this updated data, the necessary modifications would have gone beyond the scope of the original proposal. Consequently, the proposal was withdrawn and research continued. This proposal incorporates and evaluates all data obtained in connection with the project to date.



SUBJECT 6


About Air Curtains or Air Doors

The basic concept behind an air curtain, alternately known as an air door, is to create a laminar airflow that is projected over the opening of a doorway or entryway. See illustration below.

This air flow or “curtain” acts as an invisible barrier to contain conditioned air and prevent it from escaping through an opening or entryway; conversely, this barrier or air seal also keeps outside air from entering an area. An air curtain offers the benefits of lower utility costs (heating or cooling), insect control and the mitigation of airborne pollutants or contaminants. A heating option is available depending upon the particular installation or model, and some units may be recessed into the ceiling structure2. Typically, these units are found in commercial, public transit and industrial facilities, warehouse, manufacturing and distribution centers, airport hangars, cold storage rooms and the like. They may be utilized indoors or outdoors, for interior or exterior openings. Scaled-down versions and portable units equipped with power supply cord are also available for small service windows, toll booths, dumpster doors, trash compactors, etc. Depictions showing how and where the products are used are shown on the following page.

2 www.berner.com (accessed September, 2013)


SUBJECT 6


Retail Installation Drive-up Window Entryway

Terminal/Industrial Plant Installation Recessed Into Ceiling

Transportation Characteristics Density—The information of record includes 92 shipment observations of air curtains or air doors. The densities range from 3.25 to 17.02 pcf, with an average density of 8.10 pcf. Over two-thirds of the figures fall between 6 and 10 pcf, as shown in the frequency distribution on the following page.


SUBJECT 6


When the data is evaluated based on the handling unit’s length (where known), the following density ranges and averages emerge.

Handling Unit Length Density Range

(pcf) Average Density

(pcf) Percentage of

Figures

Exceeding 96 inches 3.25 – 11.57 7.64 28.6%

Not exceeding 96 inches 4.29 – 17.02 8.42 71.4%

Handling—As previously mentioned, these commodities come in a multitude of sizes to fit various entryways or door or window openings. Air curtains or air doors are tendered in crates or fiberboard boxes. Some of the larger units have exhibited length measurements over 96 inches3 and may be labeled with a precautionary warning such as “Do Not Drop.” As the length/size increases, the handling into and out of the vehicle becomes increasingly more difficult, and certain equipment, such as fork extensions, or additional personnel may be necessary to safely handle long and heavy units. Stowability—Shipments of the involved air curtains or air doors that do not exceed 96 inches in length should not pose any notable stowing problems. The heavier units (some with weight observations of 1,000 pounds and over) will likely require floor loading. The freight will generally provide a regular load-bearing surface, although some handling units are marked with shipper instructions, “Do Not Stack.” Handling units that exceed 96 inches in length may complicate the carrier’s ability to structure a load and maximize vehicle utilization. Product shipments tendered in crates are depicted on the following page.

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.

0.00%

10.00%

20.00%

30.00%

40.00%

0.00% 0.00%1.09%

15.22%

34.78% 34.78%

10.87%

1.09%2.17%

0.00% 0.00%

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SUBJECT 6


Liability—The involved products are not perishable, nor are they hazardous in nature. These commodities are not likely to damage other freight, and there is no indication that they are unusually susceptible to theft or liable to damage. A limited amount of information available on the value of these commodities indicates a range from $10.53 to $23.12 per pound, with an average value of $16.83 per pound. There is no indication of an unusual claims issue. Relationship to CCSB Policies and Guidelines CCSB policies state that classifications should be established or amended for commodities that are a source, or potential source, of interpretation disputes so as to eliminate or avoid those disputes. The NMFC® does not currently name air curtains or air doors, and while the CCSB holds item 114125, for air handlers, to be applicable, carriers and shippers have been unsure of where these products are classified, and in fact, have utilized various classification provisions. This proposal would address the interpretation issues by establishing a specific item for air curtains or air doors. Additionally, CCSB policies call for classification provisions to reflect a commodity’s known transportation characteristics, and that unusual or significant handling, stowing or liability characteristics may be contributing factors in the assignment of classes. When the length does not exceed 96 inches, density appears to be the primary transportation characteristic exhibited by the involved commodities. However, when the length exceeds 96 inches these commodities are more difficult to handle and stow. This proposal would establish a new item under the Machinery Group for air curtains or air doors, at class 110 when the length does not exceed 96 inches, consistent with the respective density guideline. Handling units exceeding 96 inches in length would be assigned a class 150, one class higher than that called for by the respective density guideline. The associated average densities, density guidelines and classes are depicted in the table on the following page.


SUBJECT 6


Handling Unit Length

Average Density

(pcf)

CCSB Minimum Average Density

Guideline (pcf)

Class Based on CCSB

Guidelines

Class Adjustment Based on Handling and Stowability

Considerations

Exceeding 96 inches

7.64 7 125 150

Not exceeding 96 inches

8.42 8 110 --

This proposal is consistent with classification precedent. An example is Docket 2013-2, Subject 1 (June, 2013), which involved stone blocks, pieces or slabs, as named in item 90500, sub 2. When length exceeded 96 inches, the involved products were shown to be more difficult to handle and stow, and the class assigned was adjusted accordingly from the CCSB guidelines. That proposal was approved as docketed, and the change first appeared in Supplement 2 to NMF 100-AM, effective August 24, 2013. Based on the information of record, this proposal, as docketed, would be consistent with CCSB policies and precedent.


SUBJECT 7


Re: Skates, ice or roller, including In-Line Skates — Item 17310 CCSB Contact: Allison L. Austin Telephone — (703) 838-8864 [email protected] Heidi J. Rasmussen Telephone — (703) 838-1877 [email protected] Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class ATHLETIC GOODS GROUP: subject to item 15500 17310 Skates, ice or roller, including In-Line Skates, in boxes..................................... 110 Proposed Classification Provisions Item Description Class ATHLETIC GOODS GROUP: subject to item 15500 17310 Skates, ice or roller, including In-Line Skates, in boxes.................................. 125 Analysis


Research Project 1218 was initiated in February 2014 to investigate the transportation characteristics of “Skates, ice or roller, including In-Line Skates,” as named in item 17310. Hereinafter these products will be referred to as “skates.” During the course of the project, questionnaires were mailed to 144 potential manufacturers or shippers and seven trade associations in February of 2014, and again to those that did not respond, in April of 2014, inviting them to participate in the research. From this sampling, nine questionnaires were returned as undeliverable, seven companies responded that they did not manufacture or ship the involved articles, and five companies responded affirmatively; however, only three companies provided usable information. Regarding the seven trade associations contacted, two responded that they did not represent manufacturers or shippers of the involved articles. No response was received from the remaining associations. Additional information was obtained through CCSB dock surveys and the CCSB Density Study1.



SUBJECT 7


History of Provisions Provisions for skates were adopted from the rails and first appeared in LTL-1, effective

April 1, 1936. As a result of action taken on Docket 973, Subject 11 (June 1997), the current class 110 was established and the term “in-line skates” was added to the description. Information on that record indicated an average density of 8.56 pcf. There was no evidence of handling, stowability or liability problems, with an average value of $5.00 per pound (in 1997 dollars). The changes first appeared in Supplement 11 to NMF 100-W, effective August 23, 1997. The provisions have remained unchanged to the present.

About Skates

This proposal encompasses a variety of products identified as skates. Skates are athletic footwear or attachments used to assist an individual in gliding or rolling across a surface. The involved commodities are utilized in many recreational or competitive sporting ventures, including figure skating, ice hockey and roller skating. Thus, material constructions and blade or wheel configurations are generally specific to the intended use. Examples of skates are shown in the photos below.

Transportation Characteristics Density—Information of record includes 865 density observations. The products range in density from 0.51 to 25.20 pcf, with a simple average density of 7.00 pcf. A frequency distribution for skates is on the following page.


SUBJECT 7


As the above frequency distribution depicts, the greatest concentration of figures—over 74%—are clustered between 4 and 8 pcf, with over 43% of the figures within the 6 but less than 8 pcf interval. Handling and Stowability—Information of record indicates that skates are generally tendered for shipment in fiberboard boxes of regular size and shape on lift truck skids or pallets. There is no evidence that skates present significant handling or stowability concerns. Liability—Skates are not perishable, hazardous in nature, unusually susceptible to theft, unusually liable to damage, and would not appear likely to damage other freight. Responding shippers indicate minimal to no claims on this commodity, and carriers report zero claims for skates. Based on limited information, value per pound ranges from $1.00 to $50.00, with an average value of $17.75 per pound. Relationship to CCSB Policies and Guidelines CCSB policies call for establishing or amending classification provisions to reflect a commodity’s known transportation characteristics. Information of record indicates that skates range in density from 0.51 to 25.20 pcf, with an average density of 7.00 pcf, and no unusual or significant handling, stowability or liability characteristics. As shown in the frequency distribution above, the preponderance of density figures are concentrated within a narrow range around the overall average. Under CCSB guidelines, an average density of 7.00 pcf is generally associated with a class 125, which calls for a minimum average density of 7 pcf. This proposal would assign item 17310 class 125 in lieu of the current class 110.

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

0.12% 0.23%3.70%

30.64%

43.82%

11.91%

4.97% 3.01% 1.39% 0.23% 0.00%

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SUBJECT 7


A similar approach was taken on Docket 2013-3, Subject 6 (September 2013), involving earphones, headphones or headsets. No significant handling, stowability or liability concerns were reported, and, as such, density was determined to be the primary transportation characteristic. As with skates, earphones, headphones or headsets exhibited a range of densities—from 1.90 to 36.84 pcf—with a significant concentration of density observations—over 88%—clustered around the overall average density of 5.64 pcf. Based on the information of record, and in keeping with CCSB guidelines, that proposal was approved as docketed, assigning class 175, and the provisions first appeared in Supplement 4 to NMF 100-AM, effective December 14, 2013. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent.


SUBJECT 8


Re: Calendars, including Day Planners CCSB Contact: Matthew S. Erim Telephone — (703) 838-1825 [email protected] Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class ADVERTISING GROUP: subject to item 4640 4800 Calendars, prepaid: Sub 1 Cloth, in packages; or steel, celluloid covered, in boxes ............................ 85 Sub 2 Paper or pulpboard, in packages ................................................................. 70 STATIONERY GROUP: subject to item 178850 178890 Calendar Desk Pads (Date Pads), paper, see Note, item 178892, in boxes ..... 60 178892 NOTE—Calendar mounts with or without pad covers may be shipped in same

package with date pads providing the weight of mounts does not exceed 10 percent of the weight of pads.

178910 Calendars, NOI, other than calendars constructed wholly of plastic, see Note, item 178911; Calendars with Thermometers attached; Calendar Backs; Calendar Mounts; or List Finders; in boxes .................. 77.5 178911 NOTE—For provisions applicable to calendars constructed wholly of plastic, see

item 179180. Proposed Classification Provisions Item Description Class ADVERTISING GROUP: subject to item 4640 4800 Calendars, prepaid, etc ...................................................................... Cancel; see item 178910 STATIONERY GROUP: subject to item 178850 178890 Calendar Desk Pads (Date Pads), paper, etc ................................... Cancel; see item 178910 178892 NOTE—Cancel; no further application. 178910 Calendars and Related Articles, viz.: Agenda Books or Appointment Books; Calendar Backs or Calendar Mounts; Calendar Desk Pads or Date Pads; Calendars, NOI, see Note, item 178911; Calendars with Thermometers attached; Student Planners or Day Planners; In boxes, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than 15 ........................................................................................ 100 Sub 2 15 or greater ......................................................................................... 70 178911 NOTE—No Change.


SUBJECT 8


Analysis Research Project 1212

This proposal is based on information developed through Research Project 1212 involving calendars, including day planners, which was initiated in December 2013 in response to interpretation questions regarding the classification of products such as student planners and day planners, as well as data suggesting that the presently applicable classes may not be reflective of the products’ transportation characteristics. Hereinafter, these products will be referred to as “calendars.” As part of the research, 162 potential manufacturers or shippers of calendars, and six associations believed to represent those companies, were sent questionnaires in December 2013, and for those that did not respond, again in February 2014, inviting them to participate in the research. From those mailings, usable information was received from three companies, two companies responded but did not provide usable information, and five reported that they do not manufacture or ship these products. No response was received from any association.


Provisions for paper or pulpboard advertising calendars were adopted from the rails in 1936. A specific provision for cloth advertising calendars, as well as the creation of a separate item for celluloid-covered steel calendars, both at a rating equivalent to the present class 85, first appeared in Supplement 7 to NMFC No. 3, effective October 10, 1938. The documentation for these changes is no longer available. The present class 70 for paper or pulpboard advertising calendars, as currently named in sub 2 of item 4800, was established as a result of action taken on Docket 111, Subject 4 (November 1963). That proposal was approved as modified, and the change first appeared in Supplement 14 to NMFC A-7, effective September 24, 1964. Docket 843, Subject 5 (April 1984) consolidated the provisions for advertising calendars of the different material consists into item 4800 for simplification. That proposal was approved as docketed, and the changes first appeared in Supplement 10 to NMF 100-K, effective October 6, 1984. The provisions of item 4800 have remained substantially unchanged to the present. The basic provisions of item 178910 were adopted from the rails in 1936. Included in the item’s description was a reference to date pads, which are currently named in item 178890. Subject 55 of Docket 63 (March-April 1954) was a shipper proposal to adjust the class in item 178910 to the present 77.5, for competitive purposes. Information submitted on that record indicated an average density of 35.34 pcf. That proposal was approved as docketed, and the change first appeared in Supplement 3 to NMFC A-2, effective September 21, 1954. Subject 62 of Docket 76 (October 1956) was another shipper proposal to further reduce the class in item 178910. The proponent of that proposal manufactured date pads, which exhibited an average density of 36.5 pcf. That proposal was approved with modifications by not altering the class in item 178910 and concurrently removing date pads from the description of item 178910, while specifically providing for date pads with the establishment of item 178890. These changes first appeared in Supplement 13 to NMFC A-3, effective May 21, 1957.


SUBJECT 8


The present class 60 in item 178890 was established as a result of action taken on Docket 94, Subject 53 (June 1960). Information submitted on that record indicated densities ranging from 34.00 to 39.37 pcf, with an average density of 36.58 pcf, and an average value of $0.58 per pound (in 1960 dollars). In addition, a shipper representative supplied a range in densities of 38.89 to 49.30 pcf, with an average density of 43.89 pcf, and an average value of $0.50 per pound (in 1960 dollars). The proposal was approved as modified, and the change first appeared in Supplement 5 to NMFC A-5, effective January 26, 1961. The provisions of item 178890 have remained substantially unchanged to the present. As a result of action taken on Docket 813, Subject 2 (April 1981) the provisions of item 178910 were amended to exclude wholly-plastic calendars due to their average density, 5.21 pcf, not being reflected by the item’s class. The proposal was approved as docketed, and the change first appeared in Supplement 10 to NMF 100-H, effective November 7, 1981. As a result of action taken on Docket 2006-2, Subject 13 (May 2006), Note, item 178911 was established to direct NMFC® users to the full-scale density provisions of item 179180 for calendars made wholly of plastic. The proposal was approved as docketed, and the change first appeared in Supplement 4 to NMF 100-AF, effective July 22, 2006. The provisions have remained unchanged to the present.

About Calendars

A calendar is a system for fixing the beginning, length, and divisions of the civil year and arranging days and longer divisions of time (as weeks and months) in a definite order1. Calendars can be made of a variety of materials, most commonly paper or paperboard, although materials such as plastic, metal or cloth can also be used. Examples of calendars are shown below. In addition to a customary wall or desk calendar, they can also take the form of day planners, student planners or appointment books.

1 “Calendar.” Merriam-Webster.com. Merriam-Webster, 2014. Web. 21 August 2014.


SUBJECT 8


Transportation Characteristics Density—The information of record includes 2,305 density observations submitted by shippers and carriers, observed on CCSB dock surveys and obtained from the CCSB’s Density Study2. The products range in density from 2.00 to 66.17 pcf, with an average density of 18.54 pcf. The frequency distribution is shown below.

As shown in the above frequency distribution, the densities are distributed throughout the range, though over half of the figures fall in the 15 but less than 22.5 pcf interval. When the data is evaluated on the basis of a density break at 15 pcf, the following ranges and averages are calculated.

Density Group (pcf) Density Range (pcf) Average Density (pcf)

Less than 15 2.00 – 14.98 10.34

15 or greater 15.00 – 66.17 21.69


0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

0.00% 0.00% 0.48% 1.61% 2.73%9.15%

5.29%8.46%

51.24%

15.88%

5.16%

% o

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SUBJECT 8


Handling and Stowability—Calendars are commonly tendered in fiberboard boxes of regular size and shape, which are securely fastened to lift truck skids or pallets. Handling and stowability should be comparable to that of other like-packaged freight. While some handling units bear shipper instructions, “Do Not Double Stack,” there have been no reports of unusual or significant handling or stowability problems. Liability—Calendars are not perishable, unusually susceptible to theft, hazardous in nature, liable to damage, nor do they appear likely to damage other freight. Carriers reported no claims for the involved articles, and one shipper indicated they experience one claim a year. No information on the value of these articles was obtained. Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to be as clear as possible to help preclude interpretation disputes. CCSB policy also calls for combining descriptions embracing related commodities and creating uniformity in provisions addressing the same or similar circumstances. The present provisions for calendars have been the source of interpretation issues regarding the classification of products such as student planners and day planners, and there are currently multiple items applying on calendars. In keeping with CCSB policy, these issues would be mitigated by canceling the provisions of items 4800 and 178890 and consolidating these related commodities into item 178910, while concurrently amending item 178910 to provide a “viz.” format, more-specifically naming the involved products, for clarification and simplification. Note, item 178892, which references restrictions for the shipping of calendar mounts with date pads, would be canceled with no further application. An Internet search failed to locate any current manufacturers or shippers of list finders, signifying the obsolescence of this commodity. Therefore, removing list finders from the description of item 178910 in the interest of clarification and simplification would be consistent with CCSB policies. CCSB policy also calls for provisions to reflect a commodity’s known transportation characteristics. Information of record for calendars shows a widely distributed range in density from 2.00 to 66.17 pcf, with an average density of 18.54 pcf, and no unusual or significant handling, stowability or liability characteristics. Under CCSB density guidelines, an average density of 18.54 pcf is generally associated with a class 70, which calls for a minimum average density of 15 pcf. However, when commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. Accordingly, this proposal would establish classes based on a density break at 15 pcf3, as shown in the table on the following page, with classes reflective of the average density of each respective grouping.

3 The density provisions would include reference to Item (Rule) 170, the inadvertence clause.


SUBJECT 8


Precedent for this approach can be found in Docket 2013-2, Subject 5 (June 2013), involving nutritional or snack bars, as named in item 72045. 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 2.47 to 62.66 pcf, a single density break at 15 pcf was proposed to provide a more accurate representation of the identified range in density. That proposal was approved as docketed, and the provisions first appeared in Supplement 2 to NMF 100-AM, effective August 24, 2013. Based on the information of record, this proposal, as docketed, is consistent with CCSB policies and precedent.


(pcf) Class Based on CCSB

Density Guidelines

CCSB Minimum Average Density Guideline (pcf)

Less than 15 10.34 100 9

15 or greater 21.69 70 15


SUBJECT 9


Re: Cabinets or Lockers CCSB Contact: William F. Mascaro Telephone — (703) 838-1834 [email protected] Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FURNITURE GROUP: subject to item 79000 Metallic or Wooden: subject to item 79600 80440 Cabinets or Lockers, with or without components of other materials, see Notes, items 80441, 80442 and 80443, viz.: Base Cabinets (Work Bases); Cabinets or Lockers, storage or wardrobe, NOI; Kitchen or Bathroom Cabinets, see Note, item 80444; 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 1 ..................................................................................... 400 Sub 2 1 but less than 2 ............................................................................ 300 Sub 3 2 but less than 4 ............................................................................ 250 Sub 4 4 but less than 6 ............................................................................ 150 Sub 5 6 but less than 8 ............................................................................ 125 Sub 6 8 but less than 10 .......................................................................... 100 Sub 7 10 but less than 12 .......................................................................... 92.5 Sub 8 12 but less than 15 .......................................................................... 85 Sub 9 15 or greater ................................................................................... 70 80441 NOTE—Applies on free-standing cabinets or lockers or on cabinets or lockers to

be attached to floors or walls. 80442 NOTE—Not Involved. 80443 NOTE—Not Involved. 80444 NOTE—Not Involved. 80446 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.


SUBJECT 9


Present Classification Provisions — Concluded Item Description Class 111755 Lockers, parcel or clothes checking, sheet steel, in boxes or crates, or walls (sides) protected by fiberboard: Sub 1 SU .......................................................................................................................... 100 Sub 2 KD ........................................................................................................................... 70 111760 Lockers, parcel or clothes checking, wire mesh or wire mesh and sheet steel combined, in boxes or crates, or walls (sides) protected by fiberboard .. 100 Proposed Classification Provisions Item Description Class FURNITURE GROUP: subject to item 79000 Metallic or Wooden: subject to item 79600 80440 Cabinets or Lockers, with or without components of other materials, see Notes, items 80441, 80442 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 1 ..................................................................................... 400 Sub 2 1 but less than 2 ............................................................................ 300 Sub 3 2 but less than 4 ............................................................................ 250 Sub 4 4 but less than 6 ............................................................................ 150 Sub 5 6 but less than 8 ............................................................................ 125 Sub 6 8 but less than 10 .......................................................................... 100 Sub 7 10 but less than 12 .......................................................................... 92.5 Sub 8 12 but less than 15 .......................................................................... 85 Sub 9 15 but less than 22.5 ....................................................................... 70 Sub 10 22.5 but less than 30 ....................................................................... 65 Sub 11 30 or greater ................................................................................... 60 80441 NOTE—No Change. 80442 NOTE—No Change. 80443 NOTE—No Change. 80444 NOTE—No Change.


SUBJECT 9


Proposed Classification Provisions — Concluded Item Description Class 80446 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.

111755 Lockers, parcel or clothes checking, sheet steel, etc. ........................... Cancel; see item 80440 111760 Lockers, parcel or clothes checking, wire mesh or wire mesh and sheet steel combined, etc ............................................................. Cancel; see item 80440 Analysis


This proposal is based on information developed through Research Project 1211, which was initiated in November of 2013 to resolve interpretation disputes involving, and to investigate the transportation characteristics of, parcel or clothes checking lockers. As part of the research, the CCSB mailed commodity questionnaires to 103 potential manufacturers or shippers inviting them to participate in the research. No potential trade associations were identified. The surveys were mailed in January of 2014, and again in March of 2014 to those that did not respond to the initial mailing. From this sampling, six of the questionnaires were returned as undeliverable, two companies responded that they did not manufacture or ship the involved articles, and six companies provided information.


The provisions of item 111755, naming “Lockers, parcel or clothes checking, sheet steel,” were established as a result of action taken on Docket 842, Subject 3 (March 1984). That was a shipper proposal to establish a new item for sheet steel parcel or clothes checking lockers with subprovisions for SU at the then-applicable class 100, per item 111760, and KD at class 70. Information from the record shows densities for KD lockers of 15.2 pcf and 15.73 pcf and values of $1.97 to $2.84 per pound (in 1984 dollars). No unusual or significant handling, stowability or liability considerations were indicated. The proposal was approved as docketed, and the change first appeared in Supplement 10 to NMF 100-K, effective October 6, 1984. The provisions of item 111760 were adopted from the rail classification in 1936 for “Lockers, parcel or clothes checking, sheet steel or wire mesh, separate or combined,” at a rating equivalent to the present class 100. The present description, removing application on sheet steel lockers, was a result of action taken on Docket 842, Subject 3, concurrent with the establishment of item 111755.


SUBJECT 9


About Parcel or Clothes Checking Lockers Information in the CCSB’s files indicates that the provisions for parcel or clothes checking lockers as named in items 111755 and 111760 have consistently been applied to lockers that are intended for short term storage on a pay-per-use basis. Lockers of this type are typically found at amusement or water parks, or other locales where people congregate for a short period of time, and are available for patrons to use to securely store valuables. A payment is generally made to access the locker and the patron obtains a key or access pass to secure their belongings. Upon retrieval of their belongings, the key or access pass is returned and the locker is available for someone else to use. Examples of the involved parcel or clothes checking lockers are shown below.

As previously stated, the CCSB has maintained the opinion that items 111755 and 111760 apply on lockers that are available on a pay-per-use basis. However, interpretation issues have arisen between these provisions and the general density-based provisions for storage lockers, NOI, as named in item 80440. Storage lockers as named in item 80440 are generally found in schools, gymnasiums and other such locales. Typically, use of these lockers is not associated with the payment of a fee.

Transportation Characteristics

Density—In addition to the information developed through the CCSB questionnaire survey, the record also incorporates density observations from other sources, including carrier-supplied data, CCSB dock surveys and the CCSB’s Density Study1. Combined, these sources yield 16,137 density observations on articles reported to be moving under items 111755 and 111760. These observations result in a density range from 0.72 to 143.94 pcf, with an average density of 4.57 pcf. A frequency distribution of the overall density range is shown on the following page.



SUBJECT 9


The table below provides an evaluation of the density information on the basis of the reportedly applicable item and, where known, subprovision.

Reported Item and Sub Density Range (pcf) Average Density (pcf)

111755 – 1 0.72 – 132.57 4.91

111755 – 2 3.12 – 143.94 14.34

111760 1.00 – 135.59 4.01

It is noted that while the majority of the density observations are less than 6 pcf, the overall density range and the individual density ranges per the provisions of items 111755 and 111760 are wide. Handling and Stowability—Parcel or clothes checking lockers are generally tendered in fiberboard boxes on lift truck skids or pallets. They may also be tendered wrapped in plastic film on lift truck skids or pallets with fiberboard corner posts. In some instances, a top and/or bottom fiberboard cap may be included. While not all of these methods may comply with the current packaging requirements found in items 111755 or 111760, or the requirements found in item 80440, there have been no reports of unusual or significant handling or stowability problems.

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

0.01%

16.24%

45.18%

22.54%

6.15%3.09% 2.36% 1.31% 1.91% 0.63% 0.58%%

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SUBJECT 9


Liability—When tendered in boxes, there is no indication that parcel or clothes checking lockers are any more susceptible to damage than other types of like-packaged freight. When tendered wrapped on lift truck skids or pallets with corner posts, these lockers may be more susceptible to damage; however, this type of packaging is not currently authorized and would not be allowed under this proposal. Information regarding value per pound, while extremely limited, indicates a range from $1.25 to $13.33, with a simple average value of $4.29 per pound. There is no indication of a claims issue, or that the remaining liability elements would present any unusual or significant considerations. Relationship to CCSB Policies and Guidelines CCSB policy calls for provisions to be as clear as possible to mitigate the potential for interpretation disputes. The provisions of items 111755 and 111760 for parcel or clothes checking lockers have been a source of interpretation disputes vis-à-vis item 80440. 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. This proposal would address the interpretation issue by cancelling the provisions of items 111755 and 111760 with reference to item 80440, which applies on most other types of storage lockers, in accordance with CCSB policy. Parcel or clothes checking lockers would be named in item 80440. CCSB policy also calls for provisions to reflect a commodity’s known transportation characteristics. Information of record indicates densities for the involved articles ranging from 0.72 to 143.94 pcf, with a simple average density of 4.57 pcf. 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. While the frequency distribution shows that the densities are clustered at the lower end of the density range, the table on page 5 also shows that when evaluated on the basis of the reportedly applicable item and subprovision, articles moving under items 111755 and 111760 exhibit a wide range of densities. Cancelling the provisions of items 111755 and 111760 with reference to the full-scale density-based provisions of item 80440, as proposed, is in keeping with CCSB policy. With respect to full-scale density classifications, CCSB policy calls for such provisions to generally provide an 11-subprovision progression ranging from less than 1 pcf at class 400 to 30 or greater pcf at class 60. Presently, item 80440 provides a nine-subprovision progression which begins with less than 1 pcf at class 400 and ends with 15 or greater pcf at class 70. Amending item 80440 to provide the CCSB’s standard 11-subprovision density scale, as proposed, is in keeping with CCSB policy2.



SUBJECT 9


Precedent for this approach can be found in Docket 2013-2, Subject 3 (June 2013) involving “Automobile Parts — Various Items.” In that instance, the CCSB approved the cancellation of various items for automobile parts that had been the source of interpretation disputes, with reference to the density-based provisions of item 18260. Concurrently, the CCSB also approved the expansion of the density scale in item 18260 from the nine-subprovision progression to the 11-subprovision progression. These changes first appeared in Supplement 2 to NMF 100-AM, effective August 24, 2013. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent.


SUBJECT 10


Re: Fruit or Vegetable Chips or Crisps CCSB Contact: Allison L. Austin Telephone — (703) 838-8864 [email protected] Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FOODSTUFFS GROUP: subject to item 72000 74800 Snack Foods, flavored or not flavored, viz.: Chips, Puffs, Sticks or Twists, NOI; Crisps, NOI, see Note, item 74801; Potato, Corn or Banana Chips or Crisps; Snack Foods, NOI; [Other Articles Listed—Not Involved.] In boxes, drums or Packages 1000, 2387 or 2416, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than 1 .......................................................................................... 400 Sub 2 1 but less than 2 .................................................................................. 300 Sub 3 2 but less than 4 .................................................................................. 250 Sub 4 4 but less than 6 .................................................................................. 150 Sub 5 6 but less than 8 .................................................................................. 125 Sub 6 8 but less than 10 ................................................................................ 100 Sub 7 10 but less than 12 ................................................................................ 92.5 Sub 8 12 but less than 15 ................................................................................ 85 Sub 9 15 or greater ......................................................................................... 70 74801 NOTE—Not Involved. FRUITS OR VEGETABLES, DRIED, GROUP: subject to item 77000 77020 Apples, in bags, boxes or drums: Sub 1 In retail containers weighing each less than 5 ounces .............................. 150 Sub 2 Other than in retail containers, or in retail containers weighing each 5 ounces or more .................................................................................... 65 77140 Fruits, dried or evaporated, NOI, not candied, crystallized, glazed nor stuffed, in bags, boxes, drums or Packages 1264 or 2445 ...................... 65 77400 Vegetables, dried or evaporated, NOI, in bags, boxes, drums or Packages 510 or 1264 .................................................................................................. 70


SUBJECT 10


Proposed Classification Provisions Item Description Class FOODSTUFFS GROUP: subject to item 72000 74800 Snack Foods, flavored or not flavored, viz.: Chips, Puffs, Sticks or Twists, NOI; Crisps, NOI, see Note, item 74801; Fruit or Vegetable Chips or Crisps; Potato or Corn Chips or Crisps; Snack Foods, NOI; [Other Articles Listed—No Change.] In boxes, drums or Packages 1000, 2387 or 2416, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than 1 .......................................................................................... 400 Sub 2 1 but less than 2 .................................................................................. 300 Sub 3 2 but less than 4 .................................................................................. 250 Sub 4 4 but less than 6 .................................................................................. 150 Sub 5 6 but less than 8 .................................................................................. 125 Sub 6 8 but less than 10 ................................................................................ 100 Sub 7 10 but less than 12 ................................................................................ 92.5 Sub 8 12 but less than 15 ................................................................................ 85 Sub 9 15 but less than 22.5 ............................................................................. 70 Sub 10 22.5 but less than 30 ............................................................................. 65 Sub 11 30 or greater ......................................................................................... 60 74801 NOTE—No Change. FRUITS OR VEGETABLES, DRIED, GROUP: subject to item 77000 77020 Apples, etc................................................................................................ No Change 77140 Fruits, dried or evaporated, NOI, not candied, crystallized, glazed nor stuffed, etc. ............................................................................. No Change 77400 Vegetables, dried or evaporated, NOI, etc. ......................................... No Change Analysis

Research Project 1183 This proposal is based on information developed through Research Project 1183, which was initiated in May 2013 to address interpretation issues and investigate the transportation characteristics of various dried fruits or vegetables. The information in this proposal encompasses a section of that research pertaining to those articles identified as fruit or vegetable chips or crisps. Several interpretation questions have arisen over the years regarding the applicable provisions for these commodities. As a part of Research Project 1183, 83 potential manufacturers or shippers of fruit or vegetable chips or crisps, and five trade associations believed to represent those companies, were sent questionnaires. Initial mailings were sent in July of 2013, and for non-respondents, a second, follow-up questionnaire was sent in September of 2013 inviting them to participate in


SUBJECT 10


the research. Additional questionnaires were sent as the CCSB was made aware of other potential industry contacts. Of the companies contacted, none provided usable information specific to the transportation characteristics of fruit or vegetable chips or crisps. Regarding the five trade associations contacted, one responded that they did not represent manufacturers or shippers of the involved articles, and one provided a list of contacts to be included in the mailing list. No response was received from the remaining associations.

About Fruit or Vegetable Chips or Crisps

Fruit or vegetable chips or crisps are generally bake-dried convenience foods made from fruits or vegetables such as apples or carrots. They are marketed primarily as healthy snacks. As shown in the photos below, the involved articles are lightweight round or chip-shaped slices or pieces. A flavoring, including a sugar or spice coating may be added; however, the main ingredients are the slices or pieces of dried fruits or vegetables. This makeup of the products has resulted in interpretation questions regarding their categorical identification, i.e. dried fruits or vegetables versus chips or crisps versus snack foods.

Transportation Characteristics Density—Information of record for fruit or vegetable chips or crisps includes 212 density observations submitted by carriers, collected during CCSB dock surveys and obtained from the CCSB Density Study1. The products range in density from 2.40 to 11.42 pcf, with an average of 3.90 pcf. A frequency distribution is shown on the following page.



SUBJECT 10


While the majority of the known density observations are in the 2 but less than 4 pcf density interval, when compared to products identified as chips or crisps currently moving under the provisions of item 74800, including, but not limited to, potato or corn chips or crisps, the density range and average are comparable, with those chips or crisps ranging in density from 1.40 to 12.98 pcf, with an average of 4.31 pcf.

0.00%

20.00%

40.00%

60.00%

80.00%

0.00% 0.00%

67.92%

27.36%

2.36% 1.89% 0.47% 0.00% 0.00% 0.00% 0.00%

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Frequency Distribution for Fruit or Vegetable Chips or Crisps

0.00%

20.00%

40.00%

60.00%

0.00% 3.69%

55.54%

30.20%

2.85%4.53% 3.02% 0.17% 0.00% 0.00%0.00%

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Frequency Distribution for Chips or Crisps Currently Moving Under Item 74800


SUBJECT 10


Handling and Stowability—Generally, fruit or vegetable chips or crisps, like other types of chips or crisps, are tendered in fiberboard boxes on lift truck skids or pallets. Packages may include pictorial markings instructing the carrier to “Do Not Stack.” As with other food, care must be taken to avoid stowing the involved commodities with hazardous materials or other freight that may pose a contamination risk. However, no significant handling or stowability issues have been reported. Liability—Fruit or vegetable chips or crisps are not likely to damage other freight, but they may be damaged by freight with which stowed or by the elements. As with other foodstuffs, these products require extra care or attention to avoid contamination. No value information was reported for fruit or vegetable chips or crisps, and there is no indication of a claims problem. Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classifications for commodities that are a source, or potential source, of interpretation disputes so as to eliminate or avoid those disputes. The CCSB has received several interpretation inquiries regarding the applicable provisions for fruit or vegetable chips or crisps. The composition of the involved products has resulted in questions regarding whether they are most appropriately categorized as dried fruits or vegetables, or as chips or crisps. Current CCSB opinions hold the provisions of item 74800, for “Chips, NOI,” “Crisps, NOI,” or “Snack Foods, NOI,” applicable; however, interpretation questions still persist. This proposal would address the interpretation issues by naming fruit or vegetable chips or crisps in the description of item 74800. Information on this record shows that fruit or vegetable chips or crisps are not only lightweight snacks similar to other types of chips or crisps currently listed under the provisions of item 74800, but they also exhibit comparable transportation characteristics. Densities of fruit or vegetable chips or crisps range from 2.40 to 11.42 pcf, with an average of 3.90 pcf, as compared with 1.40 to 12.98 pcf and an average of 4.31 pcf for products identified as chips or crisps currently moving per the density-based provisions of item 74800. The respective handling, stowability and liability characteristics are also similar. While individually the density ranges and distributions for these commodities might not suggest full-scale density provisions, the larger snack food category is shown to have a broader distribution of densities. This proposal would amend the description of item 74800 to specifically name “Fruit or Vegetable Chips or Crisps,” which would address the interpretation issues, while grouping the products with related commodities possessing comparable transportation characteristics. The reference to “Banana Chips or Crisps” would be removed in the interest of simplification. Additionally, to reflect current policy regarding full-scale density items, the density scale in item 74800 would also be extended to provide the CCSB’s standard 11-subprovision progression2. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent.



SUBJECT 11


Re: Item (Rule) 685, Packing or Packaging—Alternate Forms — Intermediate Bulk Containers CCSB Contact: Erin N. Topper Telephone — (703) 838-8856 [email protected] Proponent: Commodity Classification Standards Board Proposed Classification Provisions It is proposed to amend Item (Rule) 685, Packing or Packaging—Alternate Forms, to read as follows: ITEM 685

PACKING OR PACKAGING—ALTERNATE FORMS

When in the separate description of articles, no class is provided for an article in a container or shipping form

shown below:

Apply the class as provided for that article as if shipped in the container or

shipping form indicated by an ‘X’ below (see Note 1).

B A G S

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B O X E S

B U N D L E S

C R A T E S

D R U M S

IN P A C K A G E S

Containers, bulk commodity shipping (Intermediate Bulk Containers or IBCs), as described in Item 280

X X X X X X X X

Steel, thickness not less than 14 gauge X X X X X X X X

Aluminum or magnesium, minimum thickness of

metal not less than that prescribed for liquids in aluminum drums over 55 gallons per Item 260

X X X X X X X X

Composite rigid IBC consisting of an inner rigid

plastic container not less than 0.175 inch thickness with a metal, plastic or fiberboard outer framework. Valves must be recessed or otherwise protected from damage. Fiberglass-reinforced plastic bulk shipping containers must have base constructed of steel. Units must be suitable for mechanical handling.

X X X X X X X X

Composite IBC of a rigid or KD design consisting of

an inner flexible container of not less than 12 mils in total thickness with a metal, plastic or fiberboard outer framework. Multiple layers may be used to achieve the prescribed flexible inner container minimum thickness. Valves must be recessed or otherwise protected from damage. Units must be suitable for mechanical handling.

X X X X X X X X


SUBJECT 11


Proposed Classification Provisions — Concluded

When in the separate description of articles, no class is provided for an article in a container or shipping form

shown below:

Apply the class as provided for that article as if shipped in the container or

shipping form indicated by an ‘X’ below (see Note 1).

B A G S

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B O X E S

B U N D L E S

C R A T E S

D R U M S

IN P A C K A G E S

All-plastic rigid molded IBC. Minimum thickness of

IBC tank body must not be less than 0.175 inch. Valves must be recessed or otherwise protected from damage. Units must be suitable for mechanical handling.

X X X X X X X X

Composite rigid IBC consisting of an inner, rigid

plastic container having a minimum thickness of 0.03 inch with a metal, plastic or fiberboard outer framework. Valve or openings must be recessed within outer shell or be further protected against damage. Containers must not exceed 330 gallons rated capacity plus outage. Units must be suitable for mechanical handling.

X X X X X X X X

Liquid bulk bag style container with an inner film

bag, supported within a collapsible tubular metal framework with a full-dimension, solid metal cover, mounted to a metal four-way-entry pallet. Containers must be marked ‘NOT FOR SHIPMENT OF HAZARDOUS MATERIALS.’

Inner bag—Three-ply liner of plastic film consisting of two plies of 4-mil thickness and one ply of 2-mil thickness, outfitted with a bottom sidewall discharge and top fill. Inner bag must be replaced after each use.

Outer bag—Constructed of PVC-coated polyester fabric with a weight of 25 ounces per square yard. All seams must be high-frequency welded with four horizontal tubular metal shape retainers integrated into the bag vertical surfaces.

Support frame—Must be constructed of steel square tubing welded to fit the bottom pallet shape. Collapsible feature designed so that unit cannot be collapsed when top frame section and cover are latched into position.

Base—Must be constructed of steel forming the shape of a four-way-entry pallet with bottom skid plates and stacking positioners for multiple high stack nesting.

X X X X X X X X

[REMAINDER OF TABLE—NO CHANGE.]

Notes 1-6—No Change.


SUBJECT 11


Analysis and Relationship to CCSB Policies and Guidelines Intermediate bulk containers (IBCs) are defined in Item (Rule) 280, as a result of action taken on Docket 2009-2, Subject 7 (June, 2009). IBCs are large packages that are commonly used for transporting bulk quantities of many products in liquid, powder, flake or granular form and may be used for the transportation of hazardous materials. Item 280 provides construction specifications for IBCs. The proper construction of IBCs for hazardous materials varies by chemical, particularly the Packing Group of the product. Title 49 of the Code of Federal Regulations (CFR) specifies the authorized methods of packaging, including IBCs, for hazardous materials. Additionally, ASTM D7387, Standard Test Method for Vibration Testing of Intermediate Bulk Containers (IBCs) Used for Shipping Liquid Hazardous Materials (Dangerous Goods), may be used to ensure that IBCs intended for transporting hazardous materials are able to withstand the vibrations they may be subjected to in the LTL transportation environment1. The specific IBC descriptions in Item 685 unduly limit those that shippers may use in alternation with other packages. It would be consistent with CCSB policy to remove the specific IBC descriptions from Item 685 and amend the listing for IBCs by stating “as described in Item 280,” allowing such IBCs to alternate with all other packaging forms.

1 This testing protocol is referenced in Item 280.


SUBJECT 12


Re: “Greatest Dimension” — Clarification and Uniformity CCSB Contact: Matthew S. Erim Telephone — (703) 838-1825 [email protected] Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class 23700 Blackboards or Chalkboards, NOI; Corkboards or Tackboards; or Whiteboards, Dry Erase Boards or Markerboards, NOI; in boxes or crates, see Note, item 23701, or in Package 2532: Sub 1 Greatest dimension exceeding 96 inches, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than 10 .................................................................................................... 150 Sub 3 10 or greater .................................................................................................... 77.5 Sub 4 Greatest dimension not exceeding 96 inches, subject to Item 170 and having a density in pounds per cubic foot of: Sub 5 Less than 10 .................................................................................................... 125 Sub 6 10 or greater .................................................................................................... 70 23701 NOTE—Not Involved. FENCING GROUP: subject to item 68000 68005 Barricades, pedestrian, iron or steel or iron or steel and aluminum combined, in boxes or crates or secured on lift truck skids or pallets, see Note, item 68006: Sub 1 Greatest dimension exceeding 96 inches, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than 8 ................................................................................................ 300 Sub 3 8 but less than 15 ..................................................................................... 110 Sub 4 15 or greater ............................................................................................... 77.5 Sub 5 Greatest dimension not exceeding 96 inches, subject to Item 170 and having a density in pounds per cubic foot of: Sub 6 Less than 8 ................................................................................................ 300 Sub 7 8 but less than 15 ..................................................................................... 100 Sub 8 15 or greater ............................................................................................... 65 68006 NOTE—Not Involved. 70250 Floating Docks, including Swimmers’ Platforms or Watercraft Floats or Lifts, or Sections thereof, NOI, aluminum, plastic, steel or wood, see Note, item 70251, in packages: Sub 1 Greatest dimension exceeding 96 inches ......................................................... 250 Sub 2 Greatest dimension not exceeding 96 inches .................................................. 150 70251 NOTE—Not Involved.


SUBJECT 12


Present Classification Provisions — Concluded Item Description Class FLOOR OR WALL COVERINGS AND RELATED ARTICLES GROUP: subject to item 70500 70680 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 12 .............................................................................................. 100 Sub 3 12 or greater ............................................................................................... 77.5 Sub 4 Greatest dimension as tendered for shipment less than 144 inches ........... 77.5 70681 NOTE—Not Involved. SHADES OR BLINDS GROUP: subject to item 174130 174200 Shades or Blinds, interior, including Venetian Blinds, Mini-Blinds or Vertical Blinds; or Wood Shutters, interior; in boxes or crates: Sub 1 Greatest dimension 180 inches or more ...................................................... 175 Sub 2 Greatest dimension 96 inches but less than 180 inches ............................... 92.5 Sub 3 Greatest dimension less than 96 inches ......................................................... 70 Proposed Classification Provisions Item Description Class 23700 Blackboards or Chalkboards, NOI; Corkboards or Tackboards; or Whiteboards, Dry Erase Boards or Markerboards, NOI; in boxes or crates, see Note, item 23701, or in Package 2532: Sub 1 Greatest dimension exceeding 96 inches, see Note, item A-NEW, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than 10 .................................................................................................... 150 Sub 3 10 or greater ................................................................................................... 77.5 Sub 4 Greatest dimension not exceeding 96 inches, see Note, item A-NEW, subject to Item 170 and having a density in pounds per cubic foot of: Sub 5 Less than 10 .................................................................................................... 125 Sub 6 10 or greater .................................................................................................... 70 23701 NOTE—No Change. A-NEW NOTE—Greatest dimension refers to the longest straight-line dimension of the

handling unit as tendered for shipment.


SUBJECT 12


Proposed Classification Provisions — Continued Item Description Class FENCING GROUP: subject to item 68000 68005 Barricades, pedestrian, iron or steel or iron or steel and aluminum combined, in boxes or crates or secured on lift truck skids or pallets, see Note, item 68006: Sub 1 Greatest dimension exceeding 96 inches, see Note, item B-NEW, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than 8 ................................................................................................ 300 Sub 3 8 but less than 15 ..................................................................................... 110 Sub 4 15 or greater ............................................................................................... 77.5 Sub 5 Greatest dimension not exceeding 96 inches, see Note, item B-NEW, subject to Item 170 and having a density in pounds per cubic foot of: Sub 6 Less than 8 ................................................................................................ 300 Sub 7 8 but less than 15 ..................................................................................... 100 Sub 8 15 or greater ............................................................................................... 65 68006 NOTE—No Change. B-NEW NOTE—Greatest dimension refers to the longest straight-line dimension of the

handling unit as tendered for shipment. 70250 Floating Docks, including Swimmers’ Platforms or Watercraft Floats or Lifts, or Sections thereof, NOI, aluminum, plastic, steel or wood, see Note, item 70251, in packages, see Note, item C-NEW: Sub 1 Greatest dimension exceeding 96 inches ......................................................... 250 Sub 2 Greatest dimension not exceeding 96 inches .................................................. 150 70251 NOTE—No Change. C-NEW NOTE—Greatest dimension refers to the longest straight-line dimension of the

handling unit as tendered for shipment. FLOOR OR WALL COVERINGS AND RELATED ARTICLES GROUP: subject to item 70500 70680 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 exceeding 144 inches, see Note, item D-NEW, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than 12 .............................................................................................. 100 Sub 3 12 or greater ............................................................................................... 77.5 Sub 4 Greatest dimension not exceeding 144 inches, see Note, item D-NEW ......................................................................... 77.5 70681 NOTE—No Change. D-NEW NOTE—Greatest dimension refers to the longest straight-line dimension of the

handling unit as tendered for shipment.


SUBJECT 12


Proposed Classification Provisions — Concluded Item Description Class SHADES OR BLINDS GROUP: subject to item 174130 174200 Shades or Blinds, interior, including Venetian Blinds, Mini-Blinds or Vertical Blinds; or Wood Shutters, interior; in boxes or crates, see Note, item E-NEW: Sub 1 Greatest dimension exceeding 180 inches .............................................. 175 Sub 2 Greatest dimension exceeding 96 inches but not exceeding 180 inches ............................................................................................. 92.5 Sub 3 Greatest dimension not exceeding 96 inches ........................................... 70 E-NEW NOTE—Greatest dimension refers to the longest straight-line dimension of the

handling unit as tendered for shipment. Analysis and Relationship to CCSB Policies and Guidelines This proposal is in response to interpretation questions regarding the definition of “greatest dimension.” Customarily, items in the Classification with classes predicated on greatest dimension have an attendant Note defining the term. Currently, items 23700, 68005, 70250, 70680 and 174200 do not provide a definition. Also, distinctions in greatest dimension are typically delineated by “exceeding” or “not exceeding” the particular dimension. Items 70680 and 174200 do not conform to this standard. It is CCSB policy to promote clarification and uniformity in the NMFC®. Adding Notes to items 23700, 68005, 70250, 70680 and 174200 defining “greatest dimension” would be consistent with CCSB policies. Furthermore, amending the dimensional delineations in items 70680 and 174200 to be consistent with other, similar provisions in the NMFC® would likewise be consistent with CCSB policies.


SUBJECT 13


Re: Notes, Items 40644, 112542 and 182603 CCSB Contact: Shannon C. Allard Telephone — (703) 838-1809 [email protected] Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CARBON: subject to item 40550 40640 Electrodes, furnace or electrolytic bath (Carbon Plugs), NOI, in boxes or crates, or loose when having a diameter or thickness of 4 inches or greater, see Note, item 40644 ............ Not Involved 40644 NOTE—When in shipments of 36,000 pounds or more, provisions will include not to exceed 500 pounds of electrode joint compound. LUMBER GROUP: subject to item 112000 112540 Flooring Blocks or Squares, wooden, not exceeding 18 inches in length, consisting of two or more pieces of lumber or wooden flooring with or without paper backing or reinforced with dowel pins or metal or wooden splines, but not inlaid, not wood carpeting nor parquet flooring, nor flooring squares backed with cellular, expanded or foam plastic, see Note, item 112542: Subs 1-2 Not Involved. 112542 NOTE—With each shipment of flooring blocks or squares in straight quantities of 36,000 pounds or more or in mixed quantities of 36,000 pounds or more

with lumber and articles taking the same class, there may be contained in the truck asphalt (flooring cement) or pitch, sufficient to lay the flooring

blocks or squares but not in excess of 17 percent of the weight of the flooring blocks or squares, at the class applicable on flooring blocks or squares from the point at which the asphalt (flooring cement) or pitch is included. The weight of the asphalt (flooring cement) or pitch, must not be used to make up the minimum weight of the flooring blocks or squares in quantities of 36,000 pounds or more of flooring blocks or squares in quantities of 36,000 pounds or more in mixture with lumber and articles taking same class.

TILE OR MOLDING GROUP: subject to item 182300 182510 Tile or Molding, asphalt composition; in boxes, see Note, item 182604; or crates; see Note, item 182603.................................. Not Involved 182600 Tile or Molding, composition, NOI, other than expanded, cellular or foam, see Notes, items 182601, 182602, 182603 and 182605; in boxes, see Note, item 182604; or in crates; subject to Item 170 and having a density in pounds per cubic foot of: Subs 1-2 Not Involved. 182601 NOTE—Not Involved. 182602 NOTE—Not Involved.


SUBJECT 13


Present Classification Provisions — Concluded Item Description Class TILE OR MOLDING GROUP: subject to item 182300 182603 NOTE—When in shipments of 36,000 pounds or more, provisions also apply on installation adhesives, wax, rollers, hand tools other than power, or

mops, not in excess of 10 percent of the weight upon which charges are assessed. 182604 NOTE—Not Involved. 182605 NOTE—Not Involved. 182635 Tile or Molding; cork; felt-base, asphalted, decorated, painted or plain; or linoleum; in packages, see Note, item 182603 ...... Not Involved Proposed Classification Provisions Item Description Class CARBON: subject to item 40550 40640 Electrodes, furnace or electrolytic bath (Carbon Plugs), NOI, in boxes or crates, or loose when having a diameter or thickness of 4 inches or greater ................................................... No Change 40644 NOTE—Cancel; no further application. LUMBER GROUP: subject to item 112000 112540 Flooring Blocks or Squares, wooden, not exceeding 18 inches in length, consisting of two or more pieces of lumber or wooden flooring with or without paper backing or reinforced with dowel pins or metal or wooden splines, but not inlaid, not wood carpeting nor parquet flooring, nor flooring squares backed with cellular, expanded or foam plastic: Subs 1-2 No Change. 112542 NOTE—Cancel; no further application. TILE OR MOLDING GROUP: subject to item 182300 182510 Tile or Molding, asphalt composition; in boxes, see Note, item 182604; or crates ........................................................................... No Change 182600 Tile or Molding, composition, NOI, other than expanded, cellular or foam, see Notes, items 182601, 182602 and 182605; in boxes, see Note, item 182604; or in crates; subject to Item 170 and having a density in pounds per cubic foot of: Subs 1-2 No Change. 182601 NOTE—No Change. 182602 NOTE—No Change. 182603 NOTE—Cancel; no further application. 182604 NOTE—No Change. 182605 NOTE—No Change. 182635 Tile or Molding; cork; felt-base, asphalted, decorated, painted or plain; or linoleum; in packages ............................................... No Change


SUBJECT 13


Analysis and Relationship to CCSB Policies and Guidelines A review of the Notes, items 40644, 112542 and 182603 reveals that they apply on mixed truckload shipments, which are unlikely to move subject to the NMFC®. Moreover, such provisions may be misapplied, as they can be difficult to interpret and enforce. It is CCSB policy to promote clarification and simplification of the NMFC®. Canceling Notes, items 40644, 112542 and 182603 as having no further application and removing the references to these Notes from items 40640, 112540, 182510, 182600 and 182635 would be consistent with CCSB policies.

CCSB DOCKET 2015-1 SECTION II

NOTICE OF PROPOSED AMENDMENTS TO THE CCSB’S PROCEDURES

Pursuant to Part III, Section 1 of the National Motor Freight Classification Procedures, the CCSB will consider the following amendments to the Procedures. To facilitate review, new language being considered is underlined and language to be removed is struck through. Inquiries relating to the proposed amendments should be directed to Joel L. Ringer, CCSB Chairman, at 703-838-1826 or [email protected].

©2014 National Motor Freight Traffic Association, Inc. Section II, Page 1 of 18

National Motor Freight Classification Procedures

Proposed Amendments



PREAMBLE — PURPOSE AND SCOPE

These procedures (“Procedures”) pertain to the investigation, initiation, consideration and handling of matters related to maintenance of the National Motor Freight Classification (hereinafter called the NMFC) and describe the organization and responsibilities of the Commodity Classification Standards Board (hereinafter called the CCSB).

PART I — COMMODITY CLASSIFICATION STANDARDS BOARD — ORGANIZATION AND RESPONSIBILITIES

Section 1. Organization

a) The CCSB is an autonomous board, which shall be composed of not less than three (3) and not more than seven (7) full-time employees of, or independent consultants to, the National Motor Freight Traffic Association, Inc. (hereinafter called NMFTA), one of whom shall be Chairman.

b) The Chairman of the CCSB shall be appointed by the Executive Director of NMFTA.

c) The members of the CCSB shall be appointed by the Executive Director of NMFTA in consultation with the Chairman of the CCSB.

d) The Chairman of the CCSB may appoint such committees or working groups as are required to conduct the work of the CCSB.

Section 2. Responsibilities

The CCSB shall be responsible for:

a) investigating, initiating, considering and acting on matters affecting the provisions of the NMFC, including: proposals for amending the classification of commodities; commodity descriptions; classes; rules; packaging definitions, specifications and requirements; and other provisions contained in the NMFC;

b) directing and monitoring NMFTA staff in its performance of analytical and support services relating to the NMFC;

c) reviewing and revising these Procedures as necessary;

d) reviewing and revising the CCSB’s Policies and Guidelines as necessary;

e) upon request, providing assistance to, and/or making NMFTA staff available to provide assistance to, carriers, shippers and other NMFC users in making appropriate proposals for amending the NMFC; and

f) directing the publication of the NMFC as well as supplements to the NMFC.



PART II — RULES OF PROCEDURE FOR AMENDING THE PROVISIONS OF THE NATIONAL MOTOR FREIGHT CLASSIFICATION

ARTICLE I — PROCEDURES OF THE CCSB

Rule 1. Proposal Forms

The CCSB shall provide without charge a suitable form(s) for the submission of proposals for amending the provisions of the NMFC.

Rule 2. Proposals

a) Proposals for amending the NMFC may be filed by any person, firm, corporation or group having an interest in the contents of the NMFC, including the CCSB itself.

b) Proposals for amending the NMFC shall be submitted in writing to the Chairman of the CCSB.

c) Upon request and without charge, the CCSB shall assist anyone wishing to file a proposal in preparing such proposal.

d) Each proposal shall be docketed, and the Chairman of the CCSB shall place proposals on the first available docket for public hearing.

Rule 3. Docket Bulletins and Individual Notice

a) Not less than thirty (30) days prior to a public meeting of the CCSB, the CCSB shall:

1. prepare a Docket Bulletin describing the proposals that will be considered at that meeting; and

2. post the Docket Bulletin on the NMFTA’s website, www.nmfta.org.

b) The Docket Bulletin shall:

1. specify the time, date and place of the meeting;

2. contain the full text of each proposal along with the relevant CCSB report (analysis), including the identity of the proponent, the identity of the CCSB contact(s) assigned to the proposal and how to reach the CCSB contact(s); and

3. specify how to obtain the data and other information in the CCSB’s public docket file.



c) The CCSB shall contemporaneously mail or email individual notice to proponents of the proposals that will be considered at the meeting (other than the CCSB itself). Individual notice shall likewise be provided to all shippers that participated in any research activities leading to proposals that will be considered at the meeting, and to all trade and professional associations that have been identified by the CCSB as potentially representing shippers of the involved product(s). Individual notice shall specify the time, date and place of the meeting, NMFTA’s website address for online access to the Docket Bulletin and instructions for obtaining access to the CCSB’s public files.

Rule 4. Parties of Record

Any person may become a party of record to a docketed proposal by communicating an interest in writing by mail, email or facsimile, to and such communication must be received by the Chairman of the CCSB not later than three (3) business days prior to the public meeting at which the proposal will be considered. The Also, the proponent(s) of a proposal, anyone who has participated in research activities leading to a proposal, anyone who submits a written statement relating to a proposal prior to the meeting, or anyone who attends the meeting in connection with a proposal will be registered as a party of record to that proposal.

Rule 5. Public Docket Files

a) The public docket files consist of Copies of reports, analyses, studies, supporting data and other information received by in the CCSB’s possession relating to a docketed proposal, including the full text of the proposal and any written statements or written presentations made at the CCSB’s public meeting(s), shall be made available in a public docket file not later than seven (7) business days prior to the public meeting at which the respective proposals will be considered. The public docket files will not name the entity that provided the data. The source of the data will be identified as “shipper/receiver,” “carrier,” or the like.

b) The CCSB will post the public docket files for all current proposals on NMFTA’s website, organized by docket and subject numbers, each file including an index of documents. Online access to the files will be without charge.

c) Interested persons who do not have Internet access may obtain the CCSB’s public docket file on a current proposal by submitting a request in writing by mail or facsimile to the CCSB. A reasonable charge will be assessed for copying and transmitting the document(s) requested.

d) The CCSB’s public docket files will be retained on NMFTA’s website for a period of at least three (3) years.

Rule 6. Public Meetings and Conduct of Business

a) Meetings open to the public shall be conducted by the CCSB on all docketed proposals. The meetings shall provide an interactive forum where interested persons can exchange information, ideas and opinions on any issue or topic relating to the NMFC. Such meetings shall be held at least three (3) times per year.



b) The CCSB may also hold special meetings to consider and vote on docketed proposals, as deemed necessary and appropriate by the Chairman of the CCSB. Such special meetings shall be open to the public and shall be subject to the same notification and procedural requirements herein.

c) At all public meetings the presence of not less than 60% of the membership of the CCSB shall be necessary to transact business. Meetings shall be governed by Robert’s Rules of Order.

d) Any person may participate at public meetings by presenting views orally and/or in writing on any proposal under consideration; however, only written statements and written presentations received by the time the record closes will be incorporated into the public docket file. The Chairman of the CCSB shall schedule a reasonable amount of time for an appearance before the CCSB.

e) Note-taking and/or sound recordings are permitted at these public meetings provided that the meeting is not disrupted by such activities.

Rule 7. Disposition of Proposals

a) In considering a docketed proposal, the CCSB will be guided by:

1. the public record consisting of all material in the public docket file that has been established by the process set forth in these Procedures;

2. the regulatory and legal standards and precedent relevant to the reasonableness of classification provisions;

3. relevant classification precedent, where applicable;

4. principles of procedural fairness as set forth herein and the arguments of the parties based on the public file; and

5. the CCSB’s Policies and Directives of record contained in the public file. When evaluating commodities in connection with the assignment of classes, the CCSB must consider the four transportation characteristics of density, handling, stowability and liability.

i. Density – It has been well established that, absent any unusual or significant handling, stowability or liability characteristics, density is of prime importance in the assignment of classes. The CCSB has developed density guidelines that are used in the assignment of classes.

Commodities or commodity groups exhibiting a wide density range not accurately reflected by a single overall average density may be assigned density-based classes.

ii. Handling – In evaluating the classification of a particular commodity or commodity group, the CCSB must consider ease or difficulty of handling and the impact of such on the transportability of the involved commodities. Unusual or significant handling characteristics may be a contributing factor in the assignment of classes.



iii. Stowability – In evaluating the classification of a particular commodity or commodity group, the CCSB must examine stowability and its impact on the transportability of the involved commodities. Unusual or significant stowability considerations may be a contributing factor in the assignment of classes.

iv. Liability – The liability characteristic includes susceptibility to theft, liability to damage, propensity to damage other freight with which transported, perishability, hazardous nature, and value per pound. Value per pound provides a measure of carriers' potential liability, and the CCSB has established value guidelines to assist in the assignment of classes. Unlike density, however, value per pound is not in and of itself a transportation characteristic. It is only one component of the liability characteristic, and accordingly, information relating to value per pound must be analyzed in conjunction with an analysis of the other liability elements. Where the other liability elements are found to present no substantial problems or concerns, value per pound is of less significance. As with handling and stowability, unusual or significant liability characteristics may be a contributing factor in the assignment of classes.

The CCSB’s Policies and Directives are included in their entirety in the Appendix to these Procedures.

b) In acting on a docketed proposal, the CCSB may:

1. approve the proposal as docketed;

2. disapprove the proposal as docketed;

3. modify and approve the proposal; or

4. at its discretion defer disposition to its next meeting.

c) In modifying a docketed proposal, the CCSB may not broaden the scope of the proposal as shown in the Docket Bulletin. Any action that would go beyond the scope of the docketed proposal would require the docketing of a new proposal.

d) A majority vote of the CCSB members present at the meeting shall govern its action, and upon request, a tally of the votes cast will be promptly divulged.

e) The proponent(s) of a proposal may withdraw it at any time prior to the proposal’s approval or disapproval by the CCSB.

Rule 8. Reconsideration

a) The CCSB may, in its discretion and for good cause shown, reconsider any docketed proposal on which disposition has been made, provided that request for reconsideration is made in writing by mail, email or facsimile and such request is received by the Chairman of the CCSB no later than 5:00 pm Eastern Time on the twentieth (20th) day following the CCSB’s initial disposition.

b) The CCSB shall decide whether or not to grant reconsideration within five (5) days of receiving the request.



c) The CCSB may vote on its own motion to reconsider a docketed proposal on which disposition has been made, provided it does so no later than 5:00 pm Eastern Time on the twentieth (20th) day following its initial disposition.

d) Once reconsideration is initiated by the CCSB, the initial disposition is stayed, and the proposal under reconsideration is governed by the same procedural rules as those applicable to the CCSB’s initial consideration.

Rule 9. Notice and Publication

a) Notice of CCSB dispositions of docketed proposals shall be provided by mail or email to the respective proponent(s), other parties of record and anyone who has submitted a written request for such notice. Notice of CCSB dispositions will also be posted on the NMFTA’s website in the public docket file.

b) Amendments to the NMFC resulting from actions taken by the CCSB under these Procedures shall be published in a supplement to be issued not less than thirty (30) days after disposition by the CCSB.

c) Changes to the NMFC will become effective not less than seven (7) business days after the issue date of the supplement.

Rule 10. Changes Without Docketing

Changes in the NMFC made necessary by law, by order of a regulatory body, or for clarification, simplification or uniformity may be made without docketing or observance of the Procedures herein. Advance notice of such changes shall be provided in the Docket Bulletin and posted on NMFTA’s website.

Rule 11. Independent Action

a) The CCSB does not interfere with a carrier’s free and unrestrained right of independent action.

b) Any expert analysis or technical assistance provided by the CCSB or by other employees or employee committees of NMFTA concerning any independent action proposal shall be kept confidential.

ARTICLE II — ARBITRATION

The CCSB’s disposition of a docketed proposal may be set for arbitration by any party of record to that proposal subject to the following rules:

Rule 1. Request for Arbitration

The party or parties seeking relief shall be referred to as the claimant(s) and the CCSB shall be referred to as the respondent. Claimant(s) shall notify the Chairman of the CCSB by mail, email or facsimile that arbitration is requested, and such notice must be received by the Chairman of the CCSB no later than 5:00 pm Eastern Time on the thirtieth (30th) day following the CCSB’s final disposition of the docketed proposal involved.



Rule 2. Selection of Arbitrator

a) The Chairman of the CCSB shall post on NMFTA’s website a list of not less than ten (10) neutral arbitrators selected by an independent arbitration association. If a person does not have Internet capability, upon notice by that party that it wishes to seek arbitration, the Chairman, within two (2) business days after that notice, will provide the list of not less than ten (10) neutral arbitrators by overnight delivery, email or facsimile. The claimant(s) and the Chairman of the CCSB shall confer by telephone, email or facsimile within three (3) business days after the list of neutral arbitrators has been received by the claimant(s) or was available to the claimant(s) on NMFTA’s website to mutually agree to a neutral arbitrator. If the claimant(s) and the Chairman select different neutral arbitrators, and cannot agree on a single neutral arbitrator, they will so notify the arbitration association, and the two selected arbitrators will choose the arbitrator to handle the matter from the remaining arbitrators on the list who were not selected. The arbitration association shall be notified by telephone, email or facsimile of the selection of the neutral arbitrator, and the arbitration association shall determine whether the selected neutral arbitrator has a conflict of interest. The claimant(s) and the Chairman of the CCSB shall be notified promptly of the results of that inquiry. If the neutral arbitrator selected has a conflict of interest, the two originally selected arbitrators will choose another neutral arbitrator until no conflict of interest exists.

b) The list of neutral arbitrators will be utilized unless, within seven (7) business days after notice of arbitration is provided by a claimant, the parties mutually agree to utilize a neutral arbitrator not identified on the list.

Rule 3. Commencing the Arbitration Process

Prior to the commencement of the review by the neutral arbitrator, Promptly after the selection of the neutral arbitrator, claimant(s) and the Chairman of the CCSB will be required to execute an arbitration agreement and transmit it by email or facsimile to the arbitration association. The Chairman of the CCSB will execute the arbitration agreement within three (3) business days after receipt of the arbitration agreement from the arbitration association and transmit it by email or facsimile to the claimant(s). Within three (3) business days after receipt of the arbitration agreement executed by the Chairman of the CCSB, claimant(s) will execute the arbitration agreement and transmit it by email or facsimile to the arbitration association and to the Chairman of the CCSB. Failure of claimant(s) to timely execute and transmit the arbitration agreement will constitute a waiver of claimant’s(s’) right to seek arbitration. Upon timely receipt of the signed executed arbitration agreement, the arbitration association shall direct the selected neutral arbitrator to commence the proceeding and shall notify claimant(s) and the Chairman of the CCSB by email or facsimile that the proceeding has commenced. The claimant(s) and NMFTA will share equally in the fees charged for the arbitration process by the arbitration association, except that each will bear their own legal or representation fees and administrative costs.

Rule 4. Transmittal of Public Record

Within one (1) business day after receiving notice that the proceeding has commenced, the Chairman of the CCSB shall forward to the arbitrator and the claimant(s) by overnight delivery, email or facsimile a complete copy of the CCSB public docket file.



Rule 5. Parties’ Statements of Position

a) Within seven (7) business days after receiving notice that the proceeding has commenced, the claimant(s) may submit to the arbitrator by overnight delivery, email or facsimile a statement of position as to why the classification action is not in conformity with established classification standards. A copy of the statement shall be provided by overnight delivery, email or facsimile to the Chairman of the CCSB. Within ten (10) business days after the receipt of claimant’s(s’) statement(s) the CCSB may submit a response by overnight delivery, email or facsimile to the arbitrator, and send a copy by overnight delivery, email or facsimile to the claimant(s). At the arbitrator’s discretion, rebuttal statement(s) may be submitted by the claimant(s) to the arbitrator by overnight delivery, email or facsimile within five (5) business days after receipt of the CCSB’s reply. A copy of the rebuttal(s) must be served contemporaneously by overnight delivery, email or facsimile to the Chairman of the CCSB. The claimant’s(s’) statement(s) of position, the CCSB’s response and the claimant’s(s’) rebuttal(s) must be received by the arbitrator and other, respective party(ies) no later than 5:00 pm Eastern Time on the day due.

b) If either the claimant(s) or the CCSB believes that a submitted statement includes erroneous, misleading or inappropriate evidence or issues, a motion may be filed to bring same to the attention of the arbitrator. Such motion must be submitted within three (3) business days after receipt of the statement involved, and the other party(ies) may respond thereto within three (3) business days after receipt of the motion. Motion and response shall be transmitted to the arbitrator and other party(ies) by overnight delivery, email or facsimile, and to the other party(ies) by email or facsimile, and they must be received no later than 5:00 pm Eastern Time on the day due.

Rule 6. Decision of Arbitrator

Within thirty (30) days after the receipt of the parties’ statements of position, the arbitrator shall issue a written decision determining whether or not to affirm the challenged classification action. The arbitrator’s decision will consider statements on appeal submitted by the parties, but . such Such statements must not include inappropriate evidence or issues and must not seek or constitute a de novo review; however, statements may include or rely on facts, data or other information contained in the public docket file. The arbitrator’s conclusions shall be governed by the established regulatory and legal standards and precedent for evaluating the reasonableness of classification provisions. The reasonableness of the class(es) proposed for any commodity shall be determined exclusively by comparison of that commodity’s four recognized transportation characteristics (density, handling, stowability and liability) with the transportation characteristics of other commodities that are assigned a comparable class(es). The decision will set forth the essential reasoning that was relied upon in reaching these conclusions. The arbitrator’s decision shall be final. Amendments to the NMFC resulting from decisions of an arbitrator under these Procedures shall be published in a supplement to be issued not less than fifteen (15) days after arbitrator issues his or her written decision.



PART III — AMENDMENTS TO PROCEDURES

Section 1. CCSB Action

These Procedures may be amended or revised at any regular or special meeting of the CCSB by a two-thirds majority vote of the members, provided that thirty (30) days’ public notice of the proposed amendment(s) shall have been provided in the CCSB’s Docket Bulletin and posted on NMFTA’s website. Such notice shall set forth the exact language of the proposed amendment, but the CCSB shall be empowered to change or modify such language so long as the amendment as finally adopted is within the scope and purpose of the proposed amendment of which notice was given.

Section 2. Force and Effect

An amendment adopted and approved as herein shall become a part of these Procedures with like force and effect as if it had been originally incorporated herein.



Appendix

Policies and Directives

Pertaining to the National Motor Freight Classification



COMMODITY CLASSIFICATION STANDARDS BOARD POLICIES AND DIRECTIVES PERTAINING TO THE NATIONAL MOTOR FREIGHT CLASSIFICATION

I. Commodity Classification Standards Board Policies

Following are the policies of the Commodity Classification Standards Board (hereinafter called the CCSB) for maintaining the commodity descriptions; classes; rules; packaging definitions, specifications and requirements; and other provisions of the National Motor Freight Classification (hereinafter called the NMFC).

A. Transportation Characteristics – When evaluating commodities in connection with the assignment of classes, the CCSB must consider the four transportation characteristics of density, handling, stowability and liability.

1. Density – Absent any unusual or significant handling, stowability or liability characteristics, density is of prime importance in the assignment of classes. The CCSB has developed density guidelines that are based on the precedent of pertinent administrative as well as classification decisions. The present guidelines are attached hereto.

The density guidelines are used in the assignment of classes where the average density of a particular commodity or group of commodities is representative or reflective of the range of densities exhibited by that commodity or commodity group. Furthermore, the density/class relationships set forth in the guidelines presume that there are no unusual or significant handling, stowability or liability characteristics, which would call for giving those characteristics additional or different “weight” in determining the appropriate class.

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. In this regard, full-scale density classifications should generally provide the following standard progression:

Less than 1 ................................. 400 1 but less than 2 ........................ 300 2 but less than 4 ........................ 250 4 but less than 6 ........................ 150 6 but less than 8 ........................ 125 8 but less than 10 ...................... 100 10 but less than 12....................... 92.5 12 but less than 15....................... 85 15 but less than 22.5 .................... 70 22.5 but less than 30 .................... 65 30 or greater ................................ 60



Density-based classifications should include a reference to Item (Rule) 170, the inadvertence clause, or instead to some other inadvertence provision. And full-scale density classifications as set forth herein should also include a reference to Item (Rule) 171, the “bumping” privilege.

2. Handling – The majority of shipments tendered to general commodities carriers are comprised of packaged freight that is readily handled by dock personnel, often with the aid of mechanical handling equipment. Some articles, however, due to their size, weight, configuration, hazardous nature, fragility, etc., pose additional handling difficulties, whether or not mechanical equipment is used, and may necessitate special care or attention.

In evaluating the classification of a particular commodity or commodity group, the CCSB must consider ease or difficulty of handling and the impact of such on the transportability of the involved commodities. Unusual or significant handling characteristics may be a contributing factor in the assignment of classes.

3. Stowability – As with handling, most freight tendered to general commodities carriers does not present substantial stowability problems. The packaged freight that comprises the majority of shipments stows well in carriers' equipment. Some articles, however, present additional stowability considerations, including, but not limited to: 1) loading restrictions necessary to comply with government regulations or carrier policies, such as coloading prohibitions in connection with the transportation of hazardous materials; 2) loading restrictions arising from practical considerations, such as excessive weight or excessive length; 3) difficulty in loading other freight adjacent to the commodity due to protrusions and the like; 4) the inability to tier the commodity in carriers' equipment; and 5) the inability to load other freight on top of the commodity due to the absence of regular load-bearing surfaces.

In evaluating the classification of a particular commodity or commodity group, the CCSB must examine stowability and its impact on the transportability of the involved commodities. Unusual or significant stowability considerations may be a contributing factor in the assignment of classes.

4. Liability – The liability characteristic includes susceptibility to theft, liability to damage, propensity to damage other freight with which transported, perishability, hazardous nature, and value per pound. Value per pound provides a measure of carriers' potential liability, and the CCSB has established value guidelines to assist in the assignment of classes. The present guidelines are attached hereto.

It is the CCSB's policy that the value guidelines be reviewed biennially to compensate for the impact of inflation. This is accomplished using the revised year-end Producer Price Index (PPI).

Unlike density, however, value per pound is not in and of itself a transportation characteristic. It is only one component of the liability characteristic, and accordingly, information relating to value per pound must be analyzed in conjunction with an analysis of the other liability elements. Where the other liability elements are found to present no substantial problems or concerns, value per pound is of less significance.



Consequently, the attached value guidelines cannot be viewed as forming a matrix with the density guidelines, where one is measured against the other to arrive at the appropriate class. Rather, the value guidelines provide an indication of the upper value limits associated with the various classes, as determined using the density guidelines.

As with handling and stowability, unusual or significant liability characteristics may be a contributing factor in the assignment of classes.

B. Class Floor and Ceiling – The CCSB has established class 50 as the lowest class in the NMFC and class 500 as the highest. (For a complete listing of the classes assigned in the NMFC, see the attached density and value guidelines.)

C. Classification Updating – The provisions of the NMFC are to be kept up-to-date with respect to the commodities moving in commerce. Included in this policy is the: 1) establishment of classifications for new commodities; 2) amendment of existing classifications to reflect changes in transportation characteristics; 3) establishment of classifications for commodities classed by analogy, in keeping with the requirements of Item (Rule) 421 of the NMFC; and 4) 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.

D. Clarification, Simplification and Uniformity – Generally speaking, the policies grouped under this heading pertain to “housekeeping” matters necessary to improve the usability of the NMFC and to ensure compliance with regulations. The following activities are to be conducted to implement these policies: 1) adding commonly used terminology to descriptions to identify commodities (including trade names, properly noticed, where a commodity is essentially known by a trade name); 2) replacing outdated terminology in commodity descriptions with current terminology; 3) combining descriptions embracing related commodities, including the combining of subclassifications having the same class; 4) eliminating excess or unclear wording, and employing language that is concise and clear as to intent; 5) structuring commodity descriptions so as to foster clarification and simplification; 6) listing commodity descriptions alphabetically by noun or compound noun, as the case may be; 7) replacing broad, indistinct nouns (e.g., assemblies, devices, units) with more specific, definitive nouns wherever appropriate and practicable; 8) listing items under appropriate generic headings; 9) providing uniformity in provisions addressing the same or similar circumstances published in conjunction with different items; and 10) removing obsolete provisions.



E. Classification Index – The index is typically the NMFC user's first step when determining the applicable provisions. Accordingly, the CCSB has developed policies to improve the index and, thus, the usability of the NMFC. As index listings are generally derived directly from the commodity descriptions, these policies are closely related to those established for “Clarification, Simplification and Uniformity.” The policies are as follows:

The index should list commodities by their commonly recognized names in addition to their technically correct names. Where a commodity is essentially known by a trade name, the index should include that trade name, properly noticed.

Where commodities may be looked up in more than one way, the index should be cross-referenced. This includes adding index listings that are keyed to adjectives as well as to nouns; particularly where the noun is broad and indistinct.

Index listings should be as specific and definitive as practicable.

Index listings that can be consolidated should be consolidated, and unnecessary

listings should be removed.

F. Packaging – The CCSB is to establish and maintain packaging rules and specifications as necessary to ensure that freight is adequately protected and can be handled and stowed in a manner that is reasonably safe and practicable so as to withstand the normal rigors of the less-than-truckload environment.

The CCSB is to evaluate prospective packagings against established performance criteria, as reflected by the packaging provisions published in the NMFC. Generally speaking, prospective packaging materials or methods are considered consistent with CCSB packaging policy when their performance is demonstrated to be as good as, or better than, currently authorized materials or methods.

G. Rules – The rules published in the NMFC are to be: 1) consistent with current law; 2) consistent with classification precedent and current motor carrier practice; 3) clear as to intent; and 4) otherwise up-to-date.

II. Commodity Classification Standards Board Directives

Pursuant to the aforementioned policies, in strict accord with the National Motor Freight Classification Procedures, and in keeping with all applicable laws and regulations, the CCSB has the responsibility to: 1) receive information from shippers, carriers and other sources pertaining to commodities moving in commerce, including their transportation characteristics, as well as packaging and other classification-related matters; 2) evaluate that information to determine appropriate action(s), if any; and 3) provide assistance to shippers, carriers and other users of the NMFC in connection with classification-related matters.

A. Research – When conducting research in connection with the classification or packaging of a particular commodity or commodity group, the CCSB shall make a reasonable effort to identify and contact potential shippers of the involved commodities. The CCSB shall also search for and attempt to contact trade associations having members with a potential interest in the commodity to request their assistance in identifying interested shippers and obtaining relevant information.



Since the individual classifications in the NMFC are intended to reflect the transportation characteristics of commodities moving in commerce, the CCSB shall keep apprised of new commodities and technologies as well as changes in existing commodities.

With respect to packaging, the CCSB shall: 1) receive information pertinent to the efficacy of currently authorized packaging materials or methods; 2) keep apprised of new packaging materials and methods; and 3) develop, in cooperation with shippers, packaging manufacturers and packaging professionals, improved packaging.

B. Analysis of Classification Proposals – The CCSB shall prepare written reports (analyses) of all proposals for amending the NMFC docketed in accordance with the National Motor Freight Classification Procedures.

The analyses shall relate the information of record to the CCSB's policies, and analyses of proposals involving the assignment of classes are to include a discussion of all four transportation characteristics. Density data shall be analyzed under the CCSB's density guidelines, and handling, stowability and liability must be analyzed with respect to their impact on the transportability of the involved commodities and related to applicable classification precedent.

C. Providing Assistance to Interested Persons – In addition to providing assistance as set forth in the National Motor Freight Classification Procedures, the CCSB shall answer questions from interested persons concerning classification principles and procedures, and be responsive to requests for information pertaining to the background of a docketed proposal or the facts of record, as set forth in the public docket file. However, the CCSB will continue to honor its commitment to protect the confidentiality of commercially sensitive information that it receives from shippers and others on the assurance — expressed or implied — that disclosure will be limited. Therefore, the CCSB will not release confidential information such as market data or data on specific, identified products of a particular shipper, nor the names of data sources or information that could lead to the names of data sources, the dissemination of which might be detrimental to a company or individual that has chosen to participate in the classification process. Similarly, the CCSB will not release any privileged information or material, such as attorney-client work products prepared by Counsel.

D. Classification Interpretations – On request of any interested person, and upon receipt of the requisite information and payment of any fees or charges that may be established, the CCSB shall research and issue nonbinding, informal opinions (interpretations) as to the classification provisions applicable to any particular commodity.



COMMODITY CLASSIFICATION STANDARDS BOARD DENSITY GUIDELINES

Minimum Average Density (in pounds per cubic foot)

Class

50 50

35 55

30 60

22.5 65

15 70

13.5 77.5

12 85

10.5 92.5

9 100

8 110

7 125

6 150

5 175

4 200

3 250

2 300

1 400

Less than 1 500

The density guidelines are used in the assignment of classes where average density is representative or reflective of the range of densities exhibited. Furthermore, the density/class relationships set forth in the guidelines presume that there are no unusual or significant handling, stowability or liability characteristics, which would call for giving those characteristics additional or different “weight” in determining the appropriate class.



COMMODITY CLASSIFICATION STANDARDS BOARD VALUE GUIDELINES

Class Maximum Average Value

Per Pound

50 $ 1.25

55 $ 2.50

60 $ 3.75

65 $ 6.25

70 $ 9.40

77.5 $ 12.55

85 $ 18.85

92.5 $ 25.10

100 $ 31.35

110 $ 34.50

125 $ 39.20

150 $ 47.10

175 $ 54.95

200 $ 62.80

250 $ 78.45

300 $ 94.15

400 $ 125.55

500 $ 156.95

Unlike density, value per pound is not in and of itself a separate transportation characteristic. Value per pound is only one component of the liability characteristic. Accordingly, information relating to value per pound must be analyzed in conjunction with the other liability elements, i.e., susceptibility to theft, liability to damage, propensity to damage other freight, perishability, and hazardous nature. Where those other liability elements are found to present no substantial problems or concerns, value per pound is of less significance. Consequently, the value guidelines cannot be viewed as forming a matrix with the density guidelines, where one is measured against the other to arrive at the appropriate class representing an “average” of the two factors. Rather, the value guidelines provide an indication of the upper value limits associated with the various classes, as determined using the density guidelines.

CCSB DOCKET 2015-1 SECTION III

Notice of changes to be made to provisions of the Classification pursuant to Rule 10 of the Rules of Procedure for Amending the Provisions of the National Motor Freight Classification®.

Changes will be published in a future supplement to, or issue of, the Classification.

CHANGES TO THE CLASSIFICATION MADE NECESSARY BY LAW, BY ORDER OF A REGULATORY BODY, OR

FOR CLARIFICATION, SIMPLIFICATION OR UNIFORMITY

©2014 National Motor Freight Traffic Association, Inc. Section III, Page 1 of 4

A. Updating Item References Item Description Class BUILDING MATERIALS, MISCELLANEOUS, GROUP: subject to item 33570 34282 NOTE—No Change. 35040 Panels, folding door, wall or partition, or Interior Partitions, see Note, item 35043, or Walls; constructed with metal or wood frames and rigid facings, see Notes, items 34282, 35042 and 35044; in boxes, crates or Packages 757 or 153F............................................................... No Change 35042 NOTE—No Change. 35043 NOTE—No Change. 35044 NOTE—Does not apply on cooling or freezing room panels or walls or doors;

for class, see items 53025 and 53180. BUILDING METALWORK GROUP: subject to item 35600 35810 Building Construction Wall Sections, NOI, with or without insulation, see Notes, items 35812 and 35814, in packages: Subs 1-4 No Change. 35812 NOTE—No Change. 35814 NOTE—Does not apply on cooling or freezing room wall sections; for class, see

items 53025 and 53180. Comment As a result of action taken on Docket 2014-3, Subject 1 (September 2014), item 53120 was canceled with reference to item 53025 and new item 53180. Those changes were published in Supplement 5 to NMF 100-AN, effective November 29, 2014. It has been found that Notes, items 35044 and 35814 refer to item 53120, and accordingly, they are being amended to reference instead items 53025 and 53180. Reference to “doors” is being removed from Note, item 35044 as the involved provisions do not name doors. ___________________________________________________________________________________________







B. Updating Item Reference

Package 1082

Sec. 1. In fiberboard boxes, the fiberboard complying with Item 222, Secs. 2 and 3, except that for gross weights stipulated, boxes must be constructed and must test as indicated below:

Minimum Test of Fiberboard

Maximum Weight of Box and Contents

(Pounds)

Type of Box Construction

Mullen or Cady Test (see Note 3) (Pounds per Square Inch)

Body Section Top Cap Bottom Cap

180 See Notes 2, 3, 4

Regular Slotted with Integral

Handling Flaps 275 Singlewall

290 See Notes 1, 2

Regular Slotted 275 Singlewall

Half-Slotted with Cap

275 Singlewall 275 Singlewall

Tube with Caps 275 Singlewall 275 Singlewall 275 Singlewall

440 See Note 2

Regular Slotted 350 Singlewall

Half-Slotted with Cap

350 Singlewall 350 Singlewall

Tube with Caps 350 Singlewall 275 Singlewall 275 Singlewall

Note 1—Maximum weight of box and contents for articles described under item 53180

may be increased to not exceeding 300 pounds.

[Remainder of Package — No Change.] Comment As a result of action taken on Docket 2014-3, Subject 1 (September 2014), item 53100 was canceled with reference to new item 53180. That change was published in Supplement 5 to NMF 100-AN, effective November 29, 2014. It has been found that Package 1082 refers to item 53100, and accordingly, it is being amended to reference instead item 53180. ___________________________________________________________________________________________







C. Reestablishing Note Provisions Item Description Class FURNITURE GROUP: subject to item 79000 79070 Bassinettes, Cradles, Cribs or Beds, bamboo, cane, fiber, grass, rattan, reed or willow, with or without metal or wood reinforcement, see Note, item 81111; without legs, not nested; or with legs, legs detached or folded; in Packages 1F, 2F, 3F, 5F, 19F, 21F, 22F or 25F ....................................................................................... No Change 79080 Bassinettes, Cradles, Cribs or Beds, hand portable, metal and plastic combined, collapsed, see Note, item 81111, in Package 25F .................................................................................................. No Change Metallic or Wooden: subject to item 79600 80485 Chair-beds, upholstered, see Note, item 80486, in Package 7F . No Change 80486 NOTE—Applies only on those articles which by means of fixtures or mechanisms (NEW) are convertible from conventional appearing seating furniture to sleeping

accommodations. 81110 Cradles or Cribs, see Note, item 81111: Subs 1-7 No Change. 81111 NOTE—Also applies on one pad, mattress, cushion or pillow when in same (NEW) package with article. 81394 Playpens or Play Yards, see Note, item 81111: Subs 1-4 No Change. 81395 NOTE—No Change. Comment As a result of action taken on Docket 2014-3, Subject 2 (September 2014), Notes, items 80867 and 80872 were canceled with no further application. Subsequently, the CCSB became aware that item 80485, which was not involved in that proposal, references Note, item 80867. Also, items 79070, 79080, 81110 and 81394, which likewise were not involved in that proposal, reference Note, item 80872. To correct these oversights, new Note, item 80486 is being established and referenced in item 80485 to replace Note, item 80867. New Note, item 81111 is being established and referenced in items 79070, 79080, 81110 and 81394 to replace Note, item 80872. ___________________________________________________________________________________________







D. Cancelation of Note Item Description Class 114112 NOTE—Also applies on accompanying wrought iron or steel pipe parts. ..................................................................................................... Cancel; no further application Comment As a result of action taken on Docket 2014-2, Subjects 1 and 6 (May 2014), the provisions of items 114110 and 114125 were amended, and item 114126 was canceled with reference to item 114125. Those changes were published in Supplement 2 to NMF 100-AN, effective August 9, 2014 (item 114110) and Supplement 4 to NMF 100-AN, effective September 27, 2014 (items 114125 and 114126). These actions removed the references to Note, item 114112 from the involved items, and no other items in the NMFC® refer to the Note. Accordingly, in the interest of simplification, Note, item 114112 is being canceled as having no further application. ___________________________________________________________________________________________


NOTES


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