Docket Order: PHMSA-RSPA-2004-19781

On October 28, 2004, the Office of the Chief Counsel issued an Order to China National Chemical Construction Shenzhen Company (CNCCCShenzhen) (Respondent), finding that Respondent had committed the following one violation of the Hazardous Materials Regulations (HMR), 49 C.F.R. Parts 171-180, and assessing a penalty in the amount of $18,050, which included a reduction in the penalty amount proposed in the NOPV: Volation (1) Offering for transportation in commerce a hazardous material, ammonium hydrogendiflourid, solid, 8, UN1727, PGII, when the material was not declared as a hazardous material on the shipping document and the packages were not marked or labeled as containing a hazardous materials, thereby creating an undeclared shipment. It is also clear that Respondent has failed to produce the relevant evidence to substantiate its bases for appeal. Respondent's appeal must be denied.