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Interpretation Response #05-0172 ([McCarthy, Sweeney & Harkaway, P.C] [Mr. Lawrence W. Bierlein])

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

Interpretation Response Details

Response Publish Date:

Company Name: McCarthy, Sweeney & Harkaway, P.C

Individual Name: Mr. Lawrence W. Bierlein

Location State: DC Country: US

View the Interpretation Document

Response text:

Aug 25, 2005


Mr. Lawrence W. Bierlein                      Reference No. 05-0172

McCarthy, Sweeney & Harkaway, P.C.

2175 K Street, NW

Washington, DC 20037

Dear Mr. Bierlein:

This responds to your July14, 2005 letter requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), to perfume inserts for magazines. Specifically, you are requesting a di minimis determination for the perfume inserts for domestic transportation, and as the U.S. Competent Authority for international transportation, similar to that provided in Special Provision 47 of the HMR, Special Provision 216 of the International Maritime Dangerous Goods (IMDG) Code and Special Provision A46 of the International Civil Aviation Organization (ICAO) Technical Instructions.

According to your letter, companies intend to distribute small amounts of perfume in packets affixed to the inside pages of fashion magazines. Each packet contains approximately 0.3 mL of perfume having a flashpoint ranging from 55°-73° F, depending upon the particular perfume. A few drops of perfume are placed on a porous base in a foil pouch, and heat and vacuum-sealed. They are packed into the magazine insert and shipped, 42 to an inner chipboard carton, with 24 inner cartons per outer shipping carton. Each completed carton does not exceed 30 kg mass and meets the general packaging criteria of 173.24.

Based on the information and test results provided in your letter, it is the opinion of this Office that these inserts containing perfume for affixing in magazines are similar to the articles described in the referenced Special Provisions, and are not subject to the requirements of the HMR, IMDG Code, or the ICAO Technical Instructions.

I hope this answers your inquiry.



John A. Gale

Chief, Standards Development

Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.120 Class 3-Definitions