Wildwood wrote:

Finally... "Kris Baker" has come back to
rec.collecting.books...

"Scot Kamins" wrote in message
...

Folks,

From time to time (as in another current thread) the issue of using
Priority Mail boxes for media mail purposes comes up for discussion. The
question is whether using these boxes for other-than priority mail is
against the law.

There MUST be lawyers who read this newsgroup.

Will someone who actually knows what s/he is talking about from a LEGAL
point of view please enlighten us on the issue?

Scot Kamins
--
Collecting the Modern Library 1917-1970
Modern Library Collecting Website at:
http://www.dogeared.com

Non-attorney (don't yell at me, Scot).

This comes up frequently. I've sent the question to the
USPS postal inspectors for a reading. I asked for a
legal opinion, definition of misuse, penalties, and what
(if anything) should be done if such a shipment is
received. If I get an answer, I'll pass it along verbatim.

One point to note: USPS recently began putting all
mailers on notice that Media Mail can (and will be)
opened for inspection. This is not a new rule; First Class
and Priority (package First Class) requires a warrant
before inspection, but lower classes that cannot contain
private correspondence are not (and have never been)
exempt from inspection.

One shipper noted that his PO was requiring all Media
Mail packages to be presented unsealed, so that the
contents could be inspected prior to shipment. Some
buyers are reporting that they're receiving packages
that have been obviously opened, inspected and
resealed.

Kris



I was one of the people (in another newsgroup) who reported opened
media mail items being delivered to their buyers.

To preface, I typically ship a minimum of 200-300 books and VHS videos
a month, with the vast majority being shipped media mail. I am well
known at the post office and I no not meter my packages (postal
emplyees handle, weigh and add postage to the packages when I come
in). I use shipping labels generated by the USPS Shippng Assistant
with electonic Delivery Confirmation.

I shipped 2 common, cheap paperbacks via media mail (each after
Christmas, each on a different day, and both after the post office
posted the new "media mail may be opened" signs).

Each was packed in the same manner:

book in ziploc-style baggie
cardboard that was wider than the book wrapped around the book and
taped in place
cardboard wrapped book placed in padded envelope, shipping label added
and flap doubly tapes shut, reinforcing the gummed flap (sometimes the
gum doesn't hold).

Each of those books arrived in the buyer's mailbox in a sealed clear
plastic bag. That bag contained the book and all of the original
packaging, with the padded envelope having been cleanly cut open along
one edge (no ragged edges, just a single cut the length of the
envelope).

There was nothing missing, and no extra correspondance from USPS added
(like the "OOPS" form letter they include when a letter gets caught in
machinery and damaged), so I have no "proof" that they were inspected.
However, the circumstantial evidence makes it clear in my mind that
they were opened somewhere (probably the local bulk mail sorting
facility).

Since both packages were "legal," nothing else happened. I'd imagine
that if they were non-qualifying (either by contents or by using
priority mail supplies), they would either be returned to sender or
delivered postage due to the recipient.

Bill

I wonder if the USPS would be liable for damages if the book had been
damaged by sloppy opening or by not being correctely repackaged afterwards?

= Eric