Interpretation Response #98-0150 ([Browning Chemical Corp.] [Mr. Bruce M. Pershan])

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

Interpretation Response Details

Response Publish Date: 08/10/1998

Company Name: Browning Chemical Corp.

Individual Name: Mr. Bruce M. Pershan

Location State: NY Country: US

View the Interpretation Document

Response text:

AUG 10, 1998

Mr. Bruce M. Pershan                      Ref. No. 98-0150
Browning Chemical Corp.
707 Westchester Avenue
White Plains, New York 10604-3104

Dear Mr. Pershan:

This is in response to your letter dated June 27, 1998, requesting clarification concerning sodium percarbonate which you state  is required to be labeled under European requirements as an oxidizer but is not subject to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for transportation in the United States.  You asked whether this material may be accepted and distributed in the United States if the European hazard warning label appears on the package.

Section 172.401 permits labeling in accordance with the ICAO Technical Instructions, IMDG Code, or Canadian TDG Regulations if a material is a hazardous material or dangerous good under any of these regulations.  The HMR do not authorize labeling in accordance with the ADR/RID regulations.  Therefore, a package may not display a hazard warning label for transportation in the United States if it contains a material regulated only under the European road or rail regulations.  However, a shipment imported into the United States in accordance with the IMDG Code under § 171.12 of the HMR may be offered for transportation and transported in the United States to its final destination.

For your information, sodium percarbonate was removed from the HMR and international transportation regulations as a proper shipping name.  However, available test data now indicates this material meets the hazard class defining criteria for a Division 5.1, Packing Group III.  Therefore, it is our opinion that sodium percarbonate is subject to the HMR and must be shipped as an oxidizing material.

I hope this satisfies your request.

                                                                   Sincerely,

                                                                   Delmer F. Billings
                                                                   Chief, Standards Development
                                                                   Office of Hazardous Materials Standards

172.401

Regulation Sections