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Interpretation Response #01-0270 ([EM Science] [Mr. Andrew Parrella])

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

Interpretation Response Details

Response Publish Date:

Company Name: EM Science

Individual Name: Mr. Andrew Parrella

Location State: OH Country: US

View the Interpretation Document

Response text:

July 10, 2002


Mr. Andrew Parrella                              Reference  No. 01-0270
EM Science
A Division of EM Industries, Inc.
2909 Highland Avenue
Cincinnati, Ohio 45212

Dear Mr. Parrella:

This responds to your letter regarding “Silicon tetrachloride, Class 8, UN 1818, PG II, imported from Germany by vessel, for resale and transportation to customers in the United States.

In your letter you stated that the “Silicon tetrachloride” will be shipped in a package marked as “UN 6PA1/Y1.9/Z1.9/250 ... /D/ BAM3640 - EMD.” The product will be warehoused in a facility and shipped to customers throughout the United States.  These customers will then return the empty, reassembled packaging, containing residue of the Silicon tetrachloride, to the domestic warehouse facility, who will then return the packaging back to Germany.  Your questions are paraphrased and answered as follows:

Ql.       Is the packaging (UN 6PAl/Yl.9/Zl.9/250 ... /D/ BAM3640 - EMD) subject to the requirements for reuse under § 173.28 and, more specifically, the leakproofness test and the minimum thickness requirements in § 173.28(b)(2) and (b)(4), respectively.

Al.        The reuse provisions only apply to UN performance-oriented or specification packagings manufactured and filled in the United States and require that all packagings and receptacles used more than once be in such condition that they conform in all respects to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Therefore, packagings (e.g., UN 6PA1/Y1.9/Z1.9/250 ... /D/ BAM3640 - EMD) may not return to the United States containing a hazardous material requiring use of specification packaging, unless they comply with the general requirements for all packagings and the additional general requirements for non-bulk packagings; prescribed in §§ 173.24 and 173.24a, respectively.

Q2.      Can a composite packaging which meets the requirements of the International Maritime Dangerous Goods (IMDG) Code be shipped by vessel to the United States and returned to Germany as marked.

A2.      Yes.  Under the HMR, if all or a portion of the transportation is by vessel, a hazardous material which is packaged, marked, classed, labeled, placarded, described, stowed, and segregated and certified in accordance with the IMDG Code, may be offered and accepted for transportation and transported within the United States, subject to the conditions and limitations of requirements in § 171.12.

Empty packaging being returned to Germany which contain a residue of a hazardous material, such as the “Silicon tetrachloride, Class 8, UN 1818, PG II, must be transported in the same manner as when they previously held a greater quantity of the material, unless the packagings are sufficiently cleaned of residue and purged of vapors to remove any potential hazard, or are filled with a material which is not hazardous to such an extent that any residue remaining in the packaging no longer poses a hazard, and thus not subject to the FAM (see § 173.29).

I hope this satisfies your inquiry.  If we can be of further assistance, please contact us.


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



Regulation Sections

Section Subject
173.28 Reuse, reconditioning and remanufacture of packagings