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Interpretation Response #02-0139 ([Neeley Sales Co. Inc.] [Jason Perrone])

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

Interpretation Response Details

Response Publish Date:

Company Name: Neeley Sales Co. Inc.

Individual Name: Jason Perrone

Location State: SC Country: US

View the Interpretation Document

Response text:

JUL 18, 2003

Mr. Jason Perrone                                                Ref. No.: 02-0139
Neeley Sales Co. Inc.
P.O. Box 523 Highway 25 South
Greenwood, South Carolina 29648

Dear Mr. Perrone:

This responds to your letter regarding self-certification of packages initially tested and certified by an independent laboratory. We apologize for the' delay in responding and hope it has not caused any inconvenience.

You stated that your company imports and distributes l.4G consumer fireworks. These fireworks are packaged in fiberboard boxes for purposes of transportation. The boxes were constructed, tested and certified by an independent laboratory, and remained unchanged for the past ten years. The boxes have been periodically recertified by other laboratories. Since all of the specifications are the same, when the boxes are made again, you would like to perform the appropriate performance tests, and print your company's name on the box as the box certifier. You ask if there is any prohibition against self¬certifying UN performance-oriented packagings.

The answer is no. A manufacturer is defined as the person whose name and address or symbol appears as part of the specification markings required in Part 178 or, for a packaging marked with the symbol of an approval agency, the person on whose behalf the approval agency certifies the packaging. In this context, a manufacturer mayor may not be the actual fabricator of the packaging. The mark mayor may not represent the person or party who makes the packaging or conducts the performance tests, but represents the person or party who certifies, by applying the mark displaying a name and address or manufacturer's symbol, that the packaging was manufactured to a successfully tested design type and complies with all applicable requirements of Part 178. If a customer is willing to assume responsibility for certifying compliance, a packaging fabricator may fabricate a packaging to a tested UN standard, but not place any packaging certification marks on the packaging. The customer would then self-certify as the manufacturer by placement of the complete required UN standard marking on
the packaging. To satisfy the UN certification marking requirements of § 178.503(a)(8), at the direction of the customer, a packaging manufacturer may mark the packaging with the customer's name and address or symbol, ifused. (See §§ 178.2(e) and178.503)

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


Susan Gorsky
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards

Regulation Sections

Section Subject
178.503 Marking of packagings