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Interpretation Response #04-0110 ([Bécancour Silicon Inc.] [René Boisvert])

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

Interpretation Response Details

Response Publish Date:

Company Name: Bécancour Silicon Inc.

Individual Name: René Boisvert

Country: CA

View the Interpretation Document

Response text:

Jun 10, 2004


René Boisvert, Eng.                 Reference No. 04-0110

Vice President-Operations & Technology

Bécancour Silicon Inc.

6500, rue Yvon-Trudeau

Becancour (Québec)

G9H 2V8 Canada

Dear Mr. Boisvert:

This is in response to your letter regarding the applicability of the Hazardous Materials

Regulations (HMR; 49 CFR Parts 17 1-180) to ferrosilicon with between 30 and 90 percent silicon. You enclosed test results of a sample product with 75% ferrosilicon. The sample was tested in accordance with the test method described in the United Nations Manual of Tests and Criteria and found not to meet the definition of a Division 4.3 (Dangerous When Wet) material.

As provided in § 173.22, it is the shipper"s responsibility to properly classify a hazardous

material. Such determinations are not required to be verified by this Office. However, if the ferrosilicon produced by your company is the same material that was tested and determined not to meet the Division 4.3 criteria, it is not subject to the HMR.

I trust this satisfies your request.



Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.124 Class 4, Divisions 4.1, 4.2 and 4.3-Definitions