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Except as otherwise provided in Items 423 or 689, this rule applies on articles which do not comply with the packing requirements applicable to the respective articles under the terms of this Classification and ONLY when the failure to comply is discovered after the articles have been accepted for transportation. This rule does not authorize the repetitive tender or acceptance of shipments which do not comply with authorized forms of packaging. Sec. 1. Packing Requirements. The term 'packing requirements' as used in this rule means the provisions which specify (1) the kinds or specifications of the containers, packages or other manner in which the articles shall be packed or protected for shipment and (2) how the articles shall be packed or protected by or within such containers, packages or other manner. Marking or tagging as required by Item 580 of this Classification shall not be considered as a packing requirement for the purpose of applying this rule. Sec. 2. Shipping Form. The term 'shipping form' as used in this rule means a shipping form (other than a container or package) such as SU, KD, Nested, Not Nested, Nested Solid, Flat, Folded Flat, Interlaced or Telescoped. Sec. 3. Transportation Charge. (a) The transportation charge on articles not complying with packing requirements shall be 120 percent of the charge determined by applying the highest class provided in this Classification for such articles in the same shipping form. (b) The charge determined under paragraph (a) will apply only to that portion of the shipment that does not comply with the packing requirements. (c) The charges determined under paragraphs (a) and (b) will apply to that portion of a shipment which does not comply with the packing requirements. Sec. 4. Commodity Rate or Exception Class. Where a commodity rate or exception class is provided on the article shipped but such article does not comply with the packing requirements of the commodity rate or exception, the following shall govern: (a) If such article complies with the packing requirements of this Classification, the classes in this Classification shall apply on such article and the transportation charge provided by Sec. 3 will not apply. (b) If such article does not comply with the packing requirements of this Classification, the charge will be determined under Sec. 3 based on the classification class. |
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