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Bureau of Motor Carriers, Interstate Commerce Commission March 19, 1958
Alfalfa, see Feeds
1
Animal fats - Not exempt - Bureau opinion
Animals, see Livestock
Bagged commodities - Placing exempt commodities - Case 1 in bags
does not affect their exempt status.
Bananas - Not exempt - Law Ruling
110
Bark, see Forest Products
Barley, see Grains
Bees - Exempt - Case 1
Beeswax, crude, in cakes and slabs - Exempt - Bureau opinion
Beet pulp, see Feeds
Beets, sugar - Exempt - Case 1
Berries, see Fruits
Bran, see Feeds
Broom corn, threshed and baled - Exempt - Bureau opinion
Bulbs, see Horticulture Commodities
Butter - Not exempt - Case 20
Buttermilk - Exempt - Case 20
Canned fruits and vegetables - Not exempt - Case 20
Carnauba wax as imported in slabs or chunks - Not exempt - Bureau
opinion
Castor beans - Exempt - Case 1
Cattle, live, see Livestock
Cattle, slaughtered - Not exempt - Case 20
Charcoal - Not exempt - Bureau opinion
Cheese - Not exempt - Case 1
Cheese, cottage - Not exempt - Case 20
Cheese, cream - Not exempt - Case 20
Christmas trees, plain, sprayed, or coated - Exempt - Bureau
opinion
Citrus fruits, see Fruits
Coal - Not exempt - Bureau opinion
Coca beans - Not exempt - Law -
Ruling 110
Coffee beans - Not exempt - Law -
Ruling 110
Coffee beans, roasted - Not exempt - Bureau opinion
Coffee beans, instant - Not exempt - Bureau opinion
Containers, crates, and boxes which have been used in the movement
of exempt commodities and are being returned for reuse - Exempt -
Case 8
2
Containers, new for use in shipping exempt commodities - Not exempt
- Case 8
1
Copra meal - Not exempt - Case 6
Corn, see Grain
Corn cobs - Exempt - Case 1
Corn cobs, ground - Exempt - Bureau opinion, Note 4
Corn fodder - Exempt - Case 1
Cottage cheese, see Cheese
Cotton, carded but not spun, woven, or knitted - Exempt - Bureau
opinion - Note 5
Cotton, ginned or unginned - Exempt - Case 1
Cotton linters - Exempt - Case 20
Cotton waste, consisting of scraps of cotton fibre not spun,
woven or knitted - Exempt - Bureau opinion, Note 5
Cotton yarn - Not exempt - Bureau opinion
Cottonseed, whole - Exempt - Case 1
1
Cottonseed cake - Not exempt - Bureau opinion
Cottonseed, dehulled - Exempt - Bureau
opinion
Cottonseed hulls - Exempt - Case 20 1
Cottonseed meal - Not exempt - Case 20
Crates, see Containers
Cream, see Milk
Cream cheese, see Cheese
Eggs:
Fats, animal - Not exempt - Bureau opinion
Feathers - Exempt - Case 20
Feeds:
3 Fertilizer, commercial - Not exempt - Bureau opinion
Fish (including shell fish):
Flagstone - Not exempt - Bureau opinion
Flax fiber - Exempt - Case 1
Flaxseed, whole - Exempt - Case 1
1
Flaxseed meal - Not exempt - Bureau opinion
Flour - Not exempt - Bureau opinion
Flowers and flower plants, see Horticultural commodities
Fodder, corn and sorghum - Exempt - Case 1
Forage, see Hay
Forest products:
Frogs, see fish
Frozen, see commodity name: Fruits, Vegetables, Fish, Poultry,
etc.
Fruits and Berries:
Grains:
Grass sod - Exempt - Bureau opinion
Gravel - Not exempt - Bureau opinion
Greenery, see Forest products
Grinding, see
Note 4
Hair, alpaca, camel or goat, clipped from animal - Exempt -
Bureau opinion
Hair, hog or other animal, product of slaughter of animal - Not
exempt - Bureau opinion
Hay and forage, dried naturally or artificially - Exempt - Case
1
Hay, chopped - Exempt - Case 20
Hay, dehydrated - Exempt - Case 1
Hay, salt (from salt marshes) - Exempt - Bureau opinion
1 Hay, sweetened with 3% molasses
by weight - Not exempt - Bureau opinion
Hemp - Not exempt - Law-Ruling 110
"Hemp" specifically made not exempt by amendment of Section
203(b)(6) means true hemp (cannabis sativa) or its fiber, and does
not embrace similar plants or fibers commonly referred to by name.
Case No. 3
Herbs, see Spices
Hides, green and salted - Not exempt - Cases 1 and 23
Honey, in the comb or strained - Exempt - Case 1
Honey, heat treated to retard granulation - Exempt - Bureau
opinion
Hops - Exempt - Case 1
Horticulture commodities:
Humus, of a nature similar to peat moss - Exempt - Bureau opinion
Ice for cooling subsequent shipments of exempt commodities - Exempt - Administrative Ruling No. 63, August 3, 1937 Imported commodities - Have same status as domestic - Cases 1(b) and 22 Insecticides - Not exempt - Bureau opinion
Juices,
See Fruits
Jute fiber, in bales - Exempt - Bureau opinion
Kelp, dried, ground - Exempt - Bureau opinion, Note 4
Latex, see Rubber
Leaves, see Forest products, Horticultural commodities, and
Spices
Livestock:
Limestone, agricultural - Not exempt - Bureau opinion
Linseed meal, see Meal
Lumber, rough sawed or planed - Not exempt - Cases 1 and 9
Manure, in natural state - Exempt - Case 1
Manure, dried or dehydrated, bagged - Exempt - Bureau opinion
Maple sap - Exempt - Case 1
Maple syrup - Not exempt - Bureau opinion
1
Meal, alfalfa - Not exempt - Bureau opinion
1
Meal, copra - Not exempt - Case 6
1
Meal, cottonseed - Not exempt - Case 20
1
Meal, fish - Not exempt - Case 6
1
Meal, flaxseed - Not exempt - Bureau opinion
1
Meal, linseed - Not exempt - Bureau opinion
1
Meal, peanut - Not exempt - Bureau opinion
1
Meal, soybean - Not exempt - Bureau opinion
Meat and meat products, fresh, frozen or canned - Not exempt -
Cases 1 and 20
Milk and Cream:
Milo, see Grains
Mohair, raw, cleaned, or scoured - Exempt - Case 1(a)
1
Molasses - Not exempt - Bureau opinion
Moss, see Forest products
Mushrooms, fresh - Exempt - Case 4
Nursery stock, see Horticultural commodities
Nuts, (including peanuts):
Packaged commodities - Packaging exempt commodities does not
affect their exempt status - Case 1
Peanuts, see Nuts
Peat moss, see Forest products
Pelletized
feeds, see Feeds
Pelts, - Not exempt - Case 1
Pies, frozen - Not exempt - Case 14
Pigeons, racing - Not exempt - Case 13
Plants, vegetable or flower, see Horticultural commodities
Poles, see Trees
Popcorn, see Grains
Poultry, dressed, fresh or frozen - Exempt - Case 19
Poultry, feathers - Exempt - Case 20
Poultry, frozen - Exempt - Case 19
Poultry, live - Exempt - Case 1
Poultry, picked - Exempt - Case 20
Poultry, stuffed and frozen - Exempt - Bureau opinion
Pulp, beet - Not exempt - Case 6
Pulp, sugarcane - Not exempt - Bureau opinion
Purees, see Fruits
Rabbits, dressed - Exempt - Bureau opinion
Raisins, see Fruits
Ramie Fiber - Exempt - Case 1
Resin, see Forest products
Rice, see Grains
Rock - Not exempt -(Except natural
crushed, vesicular rock to be used for decorative purposes) -
Bureau opinion
Roots, see Forest products, Horticultural commodities
Rubber, crude in bales - Not exempt - Bureau opinion
Rubber, latex, natural, liquid, from which water has been extracted
and to which ammonia has been added - Not exempt - Case 15
Rye, see Grains
Sand - Not exempt - Bureau opinion
Sap, see Forest products
Sawdust, from lumber mills - Exempt - Case No.
35
Seeds:
Seaweed, dried, ground - Exempt - Bureau opinion, Note 4
Shells, nut, see Nuts
Shells, oyster, see Fish
Shingle bolts, see Trees
Skins, animal - Not exempt - Cases 1 and 23
Sliced, see commodity name: Fruits, Vegetables. etc.
Soil, potting - Not exempt - Bureau opinion
Soil, top - Not exempt - Bureau opinion
Sorghum fodder - Exempt - Case 1
Sorghum grains - Exempt - Case 1
Soup, frozen - Not exempt - Bureau opinion
Spices and herbs, unground, whether seeds, berries,
leaves, bark, or roots - Exempt - Bureau opinion
Spices and herbs, ground but not further processed - Exempt -
Bureau opinion, Note 4
Stover - Exempt - Case 1
Straw - Exempt - Case 1
Sugar - Not exempt - Case 1
Sugar beets - Exempt - Case 1
Sugar cane - Exempt - Case 1
1 Sugar cane pulp - Not exempt -
Bureau opinion
Sugar, raw - Not exempt - Bureau opinion
Syrup, cane - Not exempt - Case 1
Syrup, maple - Not exempt - Bureau opinion
Tea - Not exempt - Law-Ruling
110
Telephone poles, see Trees
Textile waste, see Cotton waste
Tobacco:
Top Soil - Not exempt - Bureau opinion
Trees:
Turtles, see Fish
Vegetables:
Whale meat, see Fish
Wheat, see Grains
Wheat products, see Feeds, Flour
Wood chips - including those for
making wood pulp, or wood residues from primary manufacturing
plants such as slabs, trimmings, shavings, sawdust, edgings, and
hogged fuel - Exempt - Case No. 31
Wool, raw, cleaned, or scoured - Exempt - Case 1(a)
Wool grease, as obtained from cleaning or scouring process - Exempt
- Bureau opinion
Wool - Imported from any foreign
country - Not exempt - Law-ruling 110
Wool tops and noils - Not exempt - Bureau opinion, Note
5
Wool waste, carded, spun, woven or
knitted - Not exempt - Law-Ruling 110
Wool Yarn - Not exempt - Bureau opinion
Wreaths, see Forest products
_________________________________
1 Exempt if used as a livestock or poultry feed or feed ingredient and transported to a business enterprise engaged in the sale to agricultural procedures of goods used in agricultural production. - Motor Carrier Act of 1980 - Amendment to Section 10526(a )(6) by addition of (E ). - Case No. 33
2 Exempt except those used in the transportation of motor vehicles or parts of motor vehicle .- Motor Carrier Act of 1980 - Amendment to Section 10526(a) by addition of subsection (11).
3 Exempt if fertilizer is a fish or shellfish by product not intended for human consumption. - Motor carrier Act of 1980. Amendment to Section 10526(a )(6)(D).
4 Exempt if fish or shellfish by product, such as fish meal, fertilizer and pet food, not intended for human consumption. - Motor carrier Act of 1980. Amendment to Section 10526(a )(6)(D).
Note 1.
The report in Determination of Exempted Agricultural Commodities, MC-C-968, First Supplemental Report, decided February 11, 1958 was served on February 14, 1958. Whether any petitions for reconsideration will be filed is not known at this time.
Note 2.
In Penn-Dixie, 68 M.C.C. 29, Division 1 of the Commission held fresh citrus fruit sections not to be within the exemption. However, this decision was rendered prior to the affirmance, by the U.S. Supreme Court of the court decisions in I.C.C. vs. Home Transfer & Storage Co., 141 F. Supp. 599, 352 U.S. 884 and in Frozen Food Express vs. U.S., U.S. 148 F. Supp. 399 U.S. 6. In the former case peeled and sliced frozen peaches were held to be within the exemption, and in the latter case cut up vegetables and peeled and pitted peaches were held to be within the exemption.
Note 3.
In the Determination case, 52 M.C.C. 511, the Commission held that dehydrated vegetables do not come within the exemption. However, that position would seem no longer valid in view of the recent holding in Frozen Food Express vs. U.S. 148 F. Supp. 399 that dried egg powder, dried egg yolks and powdered milk are within the exemption, which holding was affirmed by the U.S. Supreme Court in 355 U.S. 6.
Note 4.
It is rather clear from the Determination case, 52 M.C.C. 511, that the Commission considered grinding to be manufacturing, though it did not specifically so hold. The Bureau until recently considered all ground commodities to be not exempt. In Herrett, 69 M.C.C. 487, (January 29, 1957) the Commission, Division 1, held ground oat hulls not within the exemption. This, however, was prior to the expiration of the date for appeal in Frozen Food Express vs. U.S. and I.C.C., 148 F. Supp. 399, in which the court held, among other things, that ground peanut shells, dried egg powder, and powdered milk are within the exemption. No appeal was taken as to ground peanut shells, and on appeal the U.S. Supreme Court affirmed the decision as to the two powdered commodities. The Court opinion does not describe the grinding and powdering processes there involved, but in an early Commission case, Harris and Callis, 4 M.C.C. 169, it was said that ground peanut shells are produced by pulverization in a hammer mill.
In view of the Court holdings, which now are final, the Bureau no longer considers that grinding alone removes a commodity from the exemption. However, manufacturing which follows or precedes grinding may have this effect. Thus the bolting which produces flour would make that commodity non-exempt. Also meals produced by grinding commodities from which the oil has been extracted are considered not within the exemption. Thus in the Frozen Food case, mentioned above, the court held cottonseed meal not to be within the exemption.
Note 5.
In view of the "substantial identity" test of the U.S. Supreme Court in East Texas Motor Freight Lines, Inc. vs. Frozen Food Express, 351 U.S. 49, the Bureau takes the view that the exemption includes cotton or wool which has been combed or carded but not spun, woven or knitted. Thus wool tops and noils are now considered within the exemption. Also considered within the exemption is waste which consists of scraps or discards of cotton or wool fibers resulting from the handling or thread, yard, or cloth.
Note 6.
This holding was made in Hughes, 71 M.C.C. 457, which proceeding later was reopened for further hearing. Pending final determination of the proceeding the holding cannot be considered an authoritative decision of the Commission. However, these same commodities were held not exempt in Bureau opinions rendered previous to the decision. Compare Administrative Ruling No. 98.