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Interpretation Response #00-0038 ([ELG Haniel Trading Corporation] [Mr. Eric G. Poole])

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

Interpretation Response Details

Response Publish Date:

Company Name: ELG Haniel Trading Corporation

Individual Name: Mr. Eric G. Poole

Location State: PA Country: US

View the Interpretation Document

Response text:

February 8, 2000

Mr. Eric G. Poole                Ref. No. 00-0038
Logistics Administrator
ELG Haniel Trading Corporation
P.O. Box 399
McKeesport, PA 15134

Dear Mr. Poole:

This is in response to your letter requesting confirmation that the ferrosilicon you purchase and resell is not subject to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171­180).  You state that your product was tested in accordance with the test method described in Appendix E to Part 173, and found it does not meet the definition of a Division 4.3 (Dangerous When Wet) material.

As provided in §173.22 it is the shipper=s responsibility to properly classify a hazardous material.  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 to meet the Division 4.3 criteria, it is not subject to the HMR.

I hope this satisfies your request.

Sincerely,

<

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

172.101(F)

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table