Interpretation Response #03-0031 ([Town Paint & Supply Co.] [Mr. Jeffrey Aaron])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 04/10/2003

Company Name: Town Paint & Supply Co.

Individual Name: Mr. Jeffrey Aaron

Location State: MA Country: US

View the Interpretation Document

Response text:

Apr 10, 2003

Mr. Jeffrey Aaron                Reference No. 03-0031

Town Paint & Supply Co.

P.O. Box 101035

Lyman Street

Northboro,MA  01532

Dear Mr. Aaron:

This responds to your January 28, 2003 letter requesting clarification on shipping a lacquer thinner product as a Consumer commodity, ORM-D, between Canada and the United States under § 171.12a of the Hazardous Materials Regulations (HMR; 49 CFR Parts-171-180).  Specifically, you ask whether you must repackage the "Consumer commodity, ORM-D" material received from Canada as "Paint related material, UN 1263, PG II" before re-shipping the material to your customers in the United States.

According to your letter, you ship and receive a lacquer thinner product packaged in one gallon metal cans which are packed four to a case, as "Paint related material, UN 1263, 3, PG II" from your supplier in Canada.  You further state that the product is now arriving at your facility from Canada packaged as a "Consumer commodity, ORM-D".  You ask whether you must repackage this material as "Paint related material, UN 1263, PG II" when re-shipping to your customers in the United States or whether you may continue to ship it as "Consumer commodity ORM-D)".

Section 171.12a authorizes a hazardous material that is classed, marked, labeled, placarded, described on a shipping paper, and packaged in accordance with the Transportation of Dangerous Goods (TDG) Regulations issued by the Government of Canada to be offered for transportation and transported to or through the United States by motor vehicle or rail car.  Therefore, it is acceptable for you to receive the materials shipped from Canada as Consumer Commodities.  However, it would not be acceptable at this time to re-offer the materials as consumer commodities within the United States because currently, the limited quantity exceptions in

§ 173.150(b)(2) of the HMR authorizes a maximum of not over 1.0 L (0.3 gallons) net capacity for each inner packaging of Packing Group II flammable liquids. In order for this product to be reclassed and shipped as a Consumer commodity, ORM-D material, the quantity limits and Consumer commodity provisions in § 173.150(b)(2) and (c) must be met.  For your

information, Docket HM-215E has proposed to add Special Provision 149 for the paint related material entry.  If adopted in the final rule, Special Provision 149 would authorize inner packagings of up to 5.0 L. We anticipate issuing a Final Rule under Docket HM-215E within the next several months.

I hope this answers your inquiry.

Sincerely,

Delmer F. Billings

Chief, Standards Development

Office of Hazardous Materials Standards

173.150

Regulation Sections