Interpretation Response #08-0179 ([DeOrchis & Partners, LLP] [Mr. Richard L. Furman])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: DeOrchis & Partners, LLP
Individual Name: Mr. Richard L. Furman
Location State: NY Country: US
View the Interpretation Document
Response text:
November 6, 2008
Mr. Richard L. Furman
DeOrchis & Partners, LLP
61 Broadway, Suite 2600
New York, New York 10006
Ref. No.: 08-0179
Dear Mr. Furman:
This responds to your letter dated July 10, 2008, regarding the requirements in
§ 173.56(h) for transportation of imported small arms ammunition under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if small arms ammunition manufactured outside of the United States must be tested, classed, and approved even if it would otherwise be excepted from the approval process under § 173.56(h).
A person offering a new explosive for transportation must ensure that the explosive has been tested, classed, and approved in accordance with § 173.56 and assigned an EX-number by the Associate Administrator for Hazardous Materials Safety (See § 173.56(b)). A new explosive that has received approval from a competent authority of a foreign government under the provisions of § 173.56(g) must receive an EX-number from the Associate Administrator for Hazardous Materials Safety for transportation in the United States.
The requirements of § 173.56 do not apply to cartridges, small arms that are:
- Not a forbidden explosive under § 173.54;
- Ammunition for rifle, pistol, or shotgun;
- Ammunition with inert projectile or blank ammunition; and
- Ammunition not exceeding 50 calibers for rifle or pistol cartridges or 8 gauges for shotgun shells.
"Cartridges, small arms" meeting these criteria may be assigned a classification code of 1.4S by the manufacturer (See § 173.56(h)). The exception applies to domestically or
internationally manufactured "Cartridges, small arms" that transit the United States. However, this provision does not relieve a manufacturer outside of the United States from obtaining any necessary competent authority approvals from the country of origin, transit, or overflight when the ammunition is transported.
I hope this satisfies your inquiry. If we can be of further assistance, please contact us.
Sincerely,
Susan Gorsky
Acting Chief, Standards Development
Office of Hazardous Materials Standards
173.56(h)