Interpretation Response #25-0152

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

Interpretation Response Details

Response Publish Date: 10/19/2026

Company Name: Win Win Commerce LLC

Individual Name: Helen Kozlova

Location State: FL Country: US

View the Interpretation Document

Response text:

October 19, 2026

Helen Kozlova
Operations Manager
Win Win Commerce LLC
800 SE 4th Ave, STE 711
Hallandale Beach, FL  33009

Reference No. 25-0152

Dear Ms. Kozlova:

This letter is in response to your November 18, 2025 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the hazardous materials classification of a product identified as "Christmas Crackers with Snap Effect" containing 0.000325 g silver fulminate. In addition, the Safety Data Sheet you provided states that the "total active powder content per cracker < 0.001 g—below transport and classification limits," and the product is "not meeting criteria for Class 1 explosives when incorporated into finished crackers."

We have paraphrased and answered your questions as follows:

Q1. You ask if the product described qualifies as a novelty device?

A1. Yes. In accordance with Table 2 to § 173.64(b)(3)(iv), "Authorized Novelty Devices and Specifications," the "Christmas Crackers with Snap Effect" described in your letter would qualify as a novelty device. It is the responsibility of the manufacturer or shipper to ensure that the device meets the specific requirements for "Snappers," which include containing not more than 1.0 milligram of silver fulminate. In addition, the inner packaging must not contain more than 50 "Snappers" and must include sawdust or other impact-absorbing materials.

Q2. You ask if your product is exempt from being regulated as an explosive under the HMR?

A2. Yes. Under § 173.64(b)(3) novelty devices are not regulated as explosives when transported by surface modes (motor vehicle, rail, or vessel), if the novelty devices comply with all construction, formulation, and packaging requirements. Under these conditions, an EX-approval or FC certification letter is not required. However, the burden of compliance rests with the shipper to ensure the device successfully passes the thermal stability test specified in § 173.64(a)(2). In addition, devices must be in strong outer packagings not exceeding a maximum gross weight of 30 kg (66.2 lbs.), as required by § 173.64(b)(3)(ii). Lastly, § 173.64(b)(3)(iii) requires that each outer package be plainly marked: "NOVELTIES, IN CONFORMANCE WITH § 173.64, NOT REGULATED, EXCEPT WHEN TRANSPORTED BY AIR."

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

Alexander Wolcott
Acting Chief, Regulatory Review & Reinvention
Standards and Rulemaking Division

173.64(a)(2) 173.64(b)(3)

Regulation Sections