Interpretation Response #06-0041 ([ShipMate, Inc.] [Mr. Steven Charles Hunt ])

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

Interpretation Response Details

Response Publish Date: 05/08/2006

Company Name: ShipMate, Inc.

Individual Name: Mr. Steven Charles Hunt 

Location State: CA Country: US

View the Interpretation Document

Response text:

May 8, 2006

Mr. Steven Charles Hunt               Reference No. 06-0041
ShipMate, Inc.
18436 Hawthorne Blvd, Suite 201
Torrance, CA 90504

Dear Mr. Hunt:

This is in response to your letter requesting clarification of the Hazardous Materials Regulations (HIVIR; 49 CFR Parts 171-180). Specifically, you ask if § 171.12(b)(2) authorizes a material originating as a hazardous material in Denmark to be reoffered for transportation in the United States when described, marked, and labeled in accordance with the International Maritime Dangerous Goods (IMDG) Code. You indicate the material will be reoffered for transportation within the United States as a non-regulated material in accordance with the exception provided in Special Provision 47.

Section 171.1 2(b)(2) authorizes a material that is classed, packaged, marked, labeled, placarded, described, stowed and segregated, and certified in accordance with the IMDG Code to be offered for transportation aw transported in the United States under certain conditions. To take advantage of this provision, all or part of the transportation must be by vessel ( 171.12(b)(1)).

In your situation, assuming the final destination is a storage facility in the United States, § 171.12(b)(1) authorizes a vessel shipment prepared in accordance with the IMDG Code requirements and originating in Denmark to be transported into the United States and then transferred to the storage facility L on the shipping paper by any mode of transportation (i.e., air, highway, rail, or vessel). However, once the shipment reaches the storage facility, you may not reoffer the material for ground or air transportation in the United States unless the shipment conforms to applicable HMR requirements.

Special Provision 47 excepts small shipments of mixtures of solids and flammable liquids from regulation under the HMR under certain conditions. Packages transported in accordance with Special Provision 47 need not be marked or labeled. However, nothing in the 1-IMIR prohibits such packages from being marked or labeled provided the marks and labels are consistent with the hazard of the material contained in the package. In the situation you describe, it appears the hazardous material is properly represented by the marks and labels affixed to the package in accordance with IMIDG Code requirements. Therefore, you may re-offer the material for transportation within the United States in accordance with Special Provision 47 without removing the marks or labels from the package. You should be aware, however, that because your shipment will not be accompanied by a shipping paper, the marks and labels on your package may cause delays or otherwise frustrate its transportation. To avoid this problem, we suggest the following:

1. Remove, obliterate, or securely cover the marking and labeling and take full 
    advantage of the exception provided by Special provision 47; or
2. Leave the marking and labeling in place and ship the material in accordance   
    with the HMR without taking advantage of the exception provided by Special   
    Provision 47.

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

Edward T. Mazzulo
Director, Office of Hazardous Materials Standards

173.22

Regulation Sections