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Interpretation Response #00-0034 ([EAC Corporation] [Mr. Keith B. Berkholtz])

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

Interpretation Response Details

Response Publish Date:

Company Name: EAC Corporation

Individual Name: Mr. Keith B. Berkholtz

Location State: DE Country: US

View the Interpretation Document

Response text:

February 8, 2000

Mr. Keith B. Berkholtz                Ref. No. 00-0034
EAC Corporation
20 Hillstream Road
Newark, DE 19711

Dear Mr. Berkholtz:

This is in response to your letter dated January 24, 2000, requesting confirmation that the ferrosilicon you purchase and resell is not subject to the Hazardous Materials Regulations (HMR 49 CFR Parts 171-180).

As provided in § 173.22, it is the shipper's responsibility to properly classify a hazardous materials.  However, if the ferrosilicon sold by your company is the same material that was tested in accordance with the U.N. Manual of Tests and Criteria and determined not be meet the Division 4.3 criteria, it is not subject to the HMR.


Thomas G. Allan
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.22 Shipper's responsibility