Interpretation Response #15-0176 ([ARKEMA Inc.] [Ms. Christina Kurtz])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: ARKEMA Inc.
Individual Name: Ms. Christina Kurtz
Location State: PA Country: US
View the Interpretation Document
Response text:
February 17, 2016
Ms. Christina Kurtz
Manager Hazmat Regulations and Packaging
ARKEMA Inc.
900 First Avenue
King of Prussia, PA 19046-1308
Reference No. 15-0176
Dear Ms. Kurtz:
This responds to your August 10, 2015 letter regarding the classification of your company's product under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that your company has a line of mixtures containing resins or paints that you classify as "UN1866, Resin Solution" and "UN1263, Paint" as instructed by § 172.101(c)(10)(i)(F) of the HMR. You note that previous interpretation letter Reference No. 05-0317 supports this classification; however the International Maritime Dangerous Goods (IMDG) Code is not clear on classifying materials based on application. You believe the wording in paragraphs 2.0.2.5.1 and 3.1.3.2 of the IMDG Code supports the classification of your company's product as Resin Solutions and Paints. Specifically, you ask whether the Pipeline and Hazardous Materials Safety Administration (PHMSA) interprets paragraphs 2.0.2.5.1 and 3.1.3.2.1 of the IMDG Code in the same way as § 172.101(c)(10)(i)(F) of the HMR.
Based on the information you provided, it is the opinion of this Office that paragraphs 2.0.2.5.1 and 3.1.3.2.1 of the IMDG Code and § 172.101(c)(10)(i)(F) of the HMR should be applied in the same manner. You are correct that the IMDG Code does not specifically provide guidance to shippers as to when the shipping description "UN1866, Resin Solutions" should be chosen based on application. However, if you as the shipper make this determination based on your knowledge and understanding of the commodity, its composition, and the intended use under the provisions provided in 3.1.3.2.1 of the IMDG Code, "UN1866, Resin Solutions" would be a proper description for your material.
I hope this satisfies your request.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
172.101(c)(10)(i)(F)
Regulation Sections
| Section | Subject |
|---|---|
| 172.101 | Purpose and use of hazardous materials table |