Interpretation Response #03-0085 ([Core Foam] [Mr. Richard Porter])

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

Interpretation Response Details

Response Publish Date: 06/20/2003

Company Name: Core Foam

Individual Name: Mr. Richard Porter

Location State: TN Country: US

View the Interpretation Document

Response text:

Jun 20, 2003

Mr. Richard Porter                Ref. No. 03-0085
President
Core Foam
P.O. Box 10393
Knoxville, TN 37939

Dear Mr. Porter:

This is in response to your March 25, 20031etier, and subsequent telephone conversation with Sandra Webb of my staff requesting clarification as to whether your product described as "Core Foam Foaming Catalyst Concentrate" offered for transportation by your company may be shipped under the description "Consumer commodity, ORM-D" under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).

Your letter refers to your product as consisting of, but not limited to, a liquid blend of acids, surfactants, and other aryl/alkyl sulfonic acids with no more than 5 percent free sulfuric acid. This material is packaged in one-gallon containers, packed four (4) per box and is being offered for transportation as limited quantities under 173.154(b). Also, your letter indicates that the concentrate is not intended for sale through a retail agency but rather a wholesale distributor and is not consumed by individuals for purposes of personal care or household use. In the telephone conversation with Ms. Webb you indicated that your product meets the Packing Group III criteria.

In accordance with 49 CFR 173.22, it is the shipper's responsibility to properly classify a hazardous material for transportation. This Office does not perform this function. In general terms, a consumer commodity is a material that is packaged and distributed in a form intended or suitable for retail sale and personal or household use. This definition includes materials that are suitable for retail sale even if your company does not specifically intend to do so. Therefore, based on the information
provided in your letter, it is the opinion of this Office that your product "Core Foam Foaming Catalyst Concentrate" qualifies for the consumer's commodity exception provided under
§ 173.154(c).

I hope this information is helpful If we can be of further assistance, please contact this Office.

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

Regulation Sections