Interpretation Response #10-0133 ([American Ordnance LLC Iowa Army Ammunition Plant] [T. Bradley Vance])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: American Ordnance LLC Iowa Army Ammunition Plant
Individual Name: T. Bradley Vance
Location State: IA Country: US
View the Interpretation Document
Response text:
December 8, 2010
T. Bradley Vance
Traffic Manager
American Ordnance LLC
Iowa Army Ammunition Plant
17575 HWY 79
Middletown, IA 52638-9701
Ref. No. 10-0133
Dear Mr. Vance:
This responds to your request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipper"s responsibility. Specifically, you state that your company manufactures and ships containerized product to locations specified by its customers. Your customers will occasionally reship those products using a different carrier and by multiple modes of transport to various locations worldwide. Additionally, your customer requests that you provide them with documentation for the subsequent transportation by vessel to the containerized product"s final destination. Your questions are paraphrased and answered as follows:
Q1. Who is responsible for providing documentation for the above scenario, the manufacturer (original shipper) or the customer who offers the containerized product to a vessel operator?
A1. The customer is responsible for providing the documentation required to ship the container to the port and subsequent vessel transportation. The customer may, however, rely on information provided by the manufacturer (or previous offeror) and consider it direct knowledge, unless that offeror knows or a reasonable person acting in the circumstances and exercising reasonable care would know that the information provided is incorrect.
Q2. Is a cargo consolidator required to create new shipping papers that consolidates individual consignments or is he or she allowed to offer the shipment with the shipping papers that were prepared by the original offerors?
A2. The HMR do not require that a cargo consolidator create new shipping papers. If the individual shipping paper documents are still active (i.e., the shipment has not reached its intended destination as shown on the shipping papers), they are still acceptable. However, if the cargo consolidator creates new shipping papers they may rely on the previous certification when recertifying the shipment unless objective factors are present to cause the cargo consolidator to believe that the condition of the shipment has changed since offered by the original shipper (e.g., damage to the packages during transit, broken seal, etc.).
I hope this information is helpful. If you have further questions, please do not hesitate to contact us.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention
Standards and Rulemaking Division
173.22, 172.200, 172.204
Regulation Sections
| Section | Subject |
|---|---|
| 173.22 | Shipper's responsibility |