Interpretation Response #00-0214 ([Air Techniques, Incorporated] [Mr. Robert Kattke])

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

Interpretation Response Details

Response Publish Date: 09/14/2000

Company Name: Air Techniques, Incorporated

Individual Name: Mr. Robert Kattke

Location State: NY Country: US

View the Interpretation Document

Response text:

September 14, 2000

Mr. Robert Kattke                          Reference  No. 00-0214
Air Techniques, Incorporated
70 Cantiague Rock Road
Hicksville, NY 11 801

Dear Mr. Kattke:

This is in response to your letter dated July 31, 2000, and subsequent telephone conversations with Eric Nelson of my staff regarding the requirements for your product under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you ask for assistance determining the proper packaging for the corrosive liquid identified in your letter, and whether or not this material may be shipped as a consumer commodity, ORM-D.

Under § 173.22, it is the shipper's responsibility to properly class a hazardous material.  Generally, manufacturers have the knowledge to properly class the materials and products they produce.  Based on subsequent information sent to this Office and telephone conversations with Mr. Nelson, it is the opinion of this Office that you are correct in your determination that your product should be described as “Corrosive liquid, n.o.s. (include technical name’s), 8, UN 1760, PG II.”

You state that you are packaging your product in 1 liter plastic inner packagings, two of which are placed in an 80-pound flexible cardboard (light-weight chipboard) box, and six boxes are then packed in a UN4G fiberboard box.  The specification UN4G fiberboard box is certified to PG II standards.  This package meets the limited quantity exceptions specified in § 173.154(b)(1).

To ship your product as a consumer commodity, you must first comply with the limited quantity exception for a Class 8, PG II material provided in § 173.154. If your material is then packaged and distributed in a form. intended or suitable for sales through retail sales agencies or instrumentalities for consumption by individuals for purposes of personal care or household use (see § 171.8), you may
rename your material “Consumer commodity” and reclass it ORM-D.  Consumer commodities must be packaged in strong outer packagings, which are packagings that provide protection against release of its contents under conditions normally incident to transportation (see § 171.8 and 173.24).

I hope this information is helpful.  If you have further questions, please do not hesitate to contact this Office.

Sincerely,

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

173.136

Regulation Sections