Staff Contact: Daniel E. Horning Telephone (703) Item Description Class

Transcription

1 Re: Lamps, artificial sunlight, heating or therapeutic Staff Contact: Daniel E. Horning Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class LAMPS OR LIGHTING GROUP: subject to item Lamps, artificial sunlight, heat ray or therapeutic, electric, with or without electric incandescent lamps, in boxes or crates Lamps or Lighting Fixtures, see Notes, items , , and , viz.: Floor Standing Lamps, with or without integral tray, also in Package 817; Lamps, NOI, also in Packages 794, 817, 1424, 1467, 2204 or 5F; Lighting Fixtures, NOI; [Other Articles Listed Not Involved.] In boxes or crates, subject to Items 170 and 171 and having a density in pounds per cubic foot of, see Note, item : Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE One lamp (bulb) for each socket may be included in same box with lamp or lighting fixture NOTE Not Involved NOTE Not Involved NOTE Not Involved NOTE Not Involved NOTE Not Involved National Motor Freight Traffic Association, Inc. Subject 14, Page 1 of 6

2 Proposed Classification Provisions Item Description Class LAMPS OR LIGHTING GROUP: subject to item Lamps, artificial sunlight, etc... Cancel; see item Lamps or Lighting Fixtures, see Notes, items , , and , viz.: Floor Standing Lamps, with or without integral tray, also in Package 817; Lamps, artificial sunlight, heating or therapeutic; Lamps, NOI, also in Packages 794, 817, 1424, 1467, 2204 or 5F; Lighting Fixtures, NOI; [Other Articles Listed No Change.] In boxes or crates, subject to Items 170 and 171 and having a density in pounds per cubic foot of, see Note, item : Subs 1-11 No Change NOTE No Change NOTE No Change NOTE No Change NOTE No Change NOTE No Change NOTE No Change. Analysis This proposal originated from Research Project 1125, which was initiated in February, 2011 in response to an interpretive request from a member carrier on so-called brooder lamps. The products were ultimately held to be classified under item , naming artificial sunlight, heat ray or therapeutic lamps, with an assigned class 125. Brooder lamps are a type of heat source for newly incubated chicks or other animals. Information submitted by the carrier indicated densities of 3.65 and 3.66 pcf, which is inconsistent with the currently assigned class. CCSB guidelines for class 125 call for a minimum average density of 7 pcf. Research Project 1125 During the course of Research Project 1125, questionnaires regarding the transportation characteristics of artificial sunlight, heating or therapeutic lamps were sent to 20 associations and 171 potential manufacturers or shippers in March and May of From these mailings, only one shipper responded with usable information. There were no responses received from the various associations. As a consequence, this analysis is based largely on data obtained from the CCSB s Density Study 1 with the submitted shipper data and the aforementioned carrier data included. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 14, Page 2 of National Motor Freight Traffic Association, Inc.

3 History of Provisions The provisions of item were adopted from the rails in 1936 and first appeared in LTL-1, effective April 1, 1936, at a rating equivalent to the present class 125. The item has remained substantially unchanged. About Artificial Sunlight, Heating or Therapeutic Lamps Research reveals that heat or artificial sunlight lamps have been around for some time. In this regard, light or phototherapy, sunlight and brooder house lighting applications were apparently very much in vogue back in the early 1900 s. In fact, sunlight lamps and other comparable units were originally sold as medical devices designed for the treatment of skin conditions, pain relief and therapeutic stress 2. Some early depictions of irradiation lamps, heat ray lamps and sunlamps are shown below. Irradiation Lamp Heat Ray Lamp Sunlamp There are many product styles and shapes today, including floor standing, desk mounting, clamp type and others. Other applications for heat lamps or warmers include food preparation areas of restaurants, reptile tanks and animal pens, to name a few 3. 2 Contemporary lamp units equipped with full-spectrum lights are now used to treat acne, sleep, bipolar and seasonal affective disorders, among other conditions. Other model options include ultraviolet and radiation lamps for tanning, and phototherapy lamps designed to treat the mood symptoms of depression associated with pregnancy, attention deficit hyperactivity, bulimia and behavioral disruptions. 3 In the broadest sense, ordinary household white incandescent bulbs can also be used as heat lamp fittings; red and blue bulbs are sold for use in brood lamps and reptile lamps. The trend though is for a gradual phase-out of the incandescent bulb as an electric light source. Fluorescent bulbs, compact fluorescent bulbs, cold cathode fluorescent bulbs (CCFL), high intensity discharge (HID) bulbs, and lightemitting diodes (LEDs) constitute some of the newer technologies to improve the ratio of visible light to heat generation. Some jurisdictions, such as the European Union, are in the process of phasing out the use of incandescent lightbulbs in favor of more energy efficient lighting. In the United States, federal law has scheduled the most common incandescent lightbulbs to be phased out by ( en.wikipedia.org. accessed June, 2011) 2011 National Motor Freight Traffic Association, Inc. Subject 14, Page 3 of 6

4 As mentioned, brooder lamps are also a type of heat lamp and resemble other models in size and function. They are used for livestock separation and hatching. The models below show the crossover of units that are closely related in both the clinical and animal fields. Brooding Lights Sunlamps Mineral /Therapeutic Lamps In addition, there are lamps currently classified in item that closely resemble lamps embraced under item but differ only in representation, usage and perhaps the bulb used to equip the unit. Shown below are two types of floor standing lamps that are almost indistinguishable; the lamp on the left is used as a heat source whereas the one on the right is used as a light source. Heat Lamp per item Reading Lamp per item Transportation Characteristics Density Based on the 692 density observations on the record, the density ranges from 1.04 to pcf, with an average of 7.07 pcf. (The density study does not indicate the specific type of lamps identified by use, i.e., artificial sunlight, heating, therapeutic, brooder, etc.) Nonetheless, the density figures are, for the most part, spread throughout the range, as shown in the frequency distribution on the next page. Subject 14, Page 4 of National Motor Freight Traffic Association, Inc.

5 % of Figures in Interval CCSB DOCKET Frequency Distribution 40% 38% 35% 30% 25% 25% 20% 15% 10% 5% 0% 0% 2% 9% 14% 5% 4% 2% 1% 0% Density Intervals (pcf) Handling The involved lamps are tendered for shipment in fiberboard boxes that may or may not be palletized for shipment. There is no indication of any unusual handling considerations. Stowability There is no indication of any unusual stowing considerations. However, given the inherent fragile nature of lamps, care should be taken to avoid crushing by heavier freight with which stowed. Liability There is no indication that the factors which comprise the liability transportation characteristic present any unusual or significant considerations. There is no evidence of an unusual claims problem nor has any current data been developed regarding value per pound. Relationship to CCSB Policies and Guidelines CCSB updating policy calls for establishing or amending classification provisions for commodities that are a source, or potential source, of interpretation disputes so as to eliminate or avoid those disputes. As mentioned, there was some question as to the applicable NMFC description for brooder lamps, i.e., artificial sunlight or heating lamps, per item , or more generally as lamps, NOI, per item It was the CCSB s opinion that item applies. CCSB clarification, simplification and uniformity policy calls for combining descriptions embracing related commodities. While item applies on artificial sunlight, heat ray or therapeutic lamps, other comparable lamps are classed under the catch-all provisions of item At this point it should be mentioned that the present language of item is inconsistent and redundant utilizing the term lamps to identify both the lighting/heating device and the incandescent bulbs; also, the use of the modifier electric twice as a restrictive measure in this context is unnecessary and superfluous. At the same time the entry 2011 National Motor Freight Traffic Association, Inc. Subject 14, Page 5 of 6

6 allows only for incandescent lightbulbs, while the evidence of record shows that other types of lightbulbs are also being utilized, consistent with a general industry phase-out of incandescents in all market segments. Canceling item with reference to the density-based provisions of item , and specifically listing artificial sunlight, heating and therapeutic lamps without restriction as to the type of bulb as part of the viz. listing, would be consistent with CCSB policy and address the interpretation issue. It is also CCSB policy that provisions reflect a commodity s known transportation characteristics. Information of record shows that artificial sunlight, heating or therapeutic lamps have an overall average density of 7.07 pcf, with a range from 1.04 to pcf, and no unusual or significant handling, stowability or liability characteristics. The frequency distribution shows that the majority of density figures of record are clustered around the average density of 7.07 pcf. However, maintaining a separate description would not address the existing interpretation problem. Moreover, the overall density range of 1.04 to pcf is wide and well within the range of densities considered in the establishment of item For these reasons, this proposal is consistent with CCSB policy and precedent. 4 Docket , Subject 10 (August, 2004) involved the cancelation of two separate groupings applying on various lamps, lighting fixtures and parts thereof, and the consolidation into a single density-based entry; the information of record indicated a range in density from 0.06 to pcf, with an average density of 7.16 pcf. Subject 14, Page 6 of National Motor Freight Traffic Association, Inc.