Interpretation Response #00-0312 ([Alkaloids Corporation] [Mr. Mano J. Karnani])

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

Interpretation Response Details

Response Publish Date: 03/23/2001

Company Name: Alkaloids Corporation

Individual Name: Mr. Mano J. Karnani

Country: IN

View the Interpretation Document

Response text:

March 23, 2001

Mr. Mano J. Karnani                          Ref.  No. 00-0312
Alkaloids Corporation
8 Bentinck Street
Calcutta-700 001

Dear Mr. Karnani:

This responds to your request for assistance in determining the United Nations identification number for “capsicum oleoresin.” It is your understanding that because of the material's characteristics, it may be considered dangerous cargo in transportation.

Your letter provides no information about the physical state (solid, liquid aerosol), chemical composition or hazard properties of our particular product or the manner in which the material is packaged.  Therefore, we are unable to provide you with any specific guidance.  Under § 173.22 of the U.S. Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), it is the shipper’s responsibility to properly classify a material in accordance with the hazard class definitions in Part 173.  If the material does not meet a hazard class definition and, in addition, does not meet the definition of a hazardous substance, hazardous waste, or a marine pollutant as defined in § 171.8, the material would not be regulated as a hazardous material under the HMR.  Depending upon its properties and form when offered for transportation, capsicum oleoresin may be a Class 9 material, an aerosol if pressured with a gas, it may meet some other hazard class or may not be regulated.  The material’s manufacturer is the best source for this information.

I assume your intent is to export the material to the United States.  If the material is a hazardous material under the HMR and if all or part of the transportation is by vessel, § 171.12(b) of the HMR permits, with certain exceptions, a hazardous material that is classed, packaged, marked, labeled, placarded and described in accordance with the requirements of the International Maritime Dangerous Goods Code to be offered and accepted for transportation in the United States.  See 49 CFR 171.12.  Similarly, § 171.11 of the HMR provides that a hazardous material may be transported by aircraft, and by motor vehicle either before or after being transported by aircraft, when prepared for transportation in accordance with the International Civil Aviation Organization's Technical Instructions for the Transport of Dangerous Goods by Air.

I trust this satisfies your request.  Please contact us if we can be of further assistance.

Sincerely,

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

173.22

Regulation Sections