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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #03-0095 ([Steptoe & Johnson] [Mr. David H. Coburn])

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

Interpretation Response Details

Response Publish Date:

Company Name: Steptoe & Johnson

Individual Name: Mr. David H. Coburn

Location State: DC Country: US

View the Interpretation Document

Response text:

May 1, 2003


Mr. David H.  Coburn               Reference No. 03-0095
Ms. Cynthia Taub
Steptoe & Johnson
1330 Connecticut Avenue,  N.W.
Washington,  DC 20036

Dear Mr.  Coburn and Ms.  Taub:

This is in response to your letter requesting confirmation that a product, Ty-Gard 2000â (Ty-Gard), manufactured by Walnut Industries, Inc., meets the cargo restraint requirements of the International Maritime Dangerous Goods Code (IMDG Code); is not subject to the dunnage requirements in 49 CFR 176.76(a); and does not require exemption DOT-E 9689 when transported in accordance with the IMDG Code.  You state that several recent shipments have been rejected because, without the exemption, the U.S. Coast Guard questions that fabric restraint systems such as Ty-Gard do not conform to the requirements in 49 CFR 176.76(a). You also cite a March 7, 2001 clarification letter (reference # 00-0317), addressing the same issue and ask us to confirm whether the letter is correct.

The information contained in our March 7,  200l letter is correct.  A shipment that is transported by vessel in accordance with the IMDG Code is not subject to § 176.76(a) and, therefore, does not require an exemption.  As stated in our previous letter, freight containers packed to  meet the requirements in of the IMDG Code do not specifically require wood dunnage.

With regard to your specific concerns with U.S. Coast Guard inspections, you may wish to contact its Hazardous Materials Standards Division,202/267-1577.

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



Hattie L.  Mitchell,  Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
171.12 North American Shipments