Hey guys I have really enjoyed watching the debate on this. I really had a motive when I posted it as a response to Don but it took on a life of it's own. Ironically, the goal was to show how a manufacturer looks at "cable" versus how the NEC may look at it. I know for a fact the cable and wire industry look at it as a cable without an overall jacket but the NEC looks at it totally different and I understand that. The fact that Chapter 3 does not actually express any of the "cables" within that chapter as simply twisting "cabling" individual conductors I do believe it is hard (and an uphill battle) for AHJ's to consider it as such as use the 53% fill.
As I stated, we have never done this and always sell it assuming the end user will work off the 40% fill but others who produce wire actively market it as..well someone posted their information so I wont go into that. In the end, we have our opinions and I have mine as well but alas being NEC Geeks it is hard to get from point A to point B in the NEC without assuming the AHJ will listen to an educated argument.
So this is why we do not promote it as already being a "cable", even if our tests support it (and the radius part does not factor since they all bow at bends) the NEC does not make it 100% clear so it is up to the AHJ to make the call. We would most certainly not want to tell someone who buys 500,000' of multiconductor 4/0 that you can use the 53% as a single cable only to have it installed and failed by an AHJ who believes it should use the 40% fill ....we sell product, not expectations.....
However, I figured I would throw it out their, try to lead the conversation (sorry for jacking the thread Don) and see what floated to the surface. Thanks Guys.