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Interpretation Response #06-0216 ([Wiley Rein and Feuding LLP] [Mr. George A. Kerchner ])

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

Interpretation Response Details

Response Publish Date:

Company Name: Wiley Rein and Feuding LLP

Individual Name: Mr. George A. Kerchner 

Location State: DC Country: US

View the Interpretation Document

Response text:

Oct 2, 2006


Mr. George A. Kerchner                 Reference No. 06-0216
Wiley Rein and Feuding LLP
1776 K Street, NW
Washington, DC 20006

Dear Mr. Kerchner:

This is in response to your September 25, 2006 letter regarding clarification of exceptions for lithium batteries and cells under the International Maritime Dangerous Goods Code (IMDG Code). Specifically you ask if a shipment of lithium-ion batteries meeting all the requirements of Special Provision 188 of the IMDG Code is subject to marking, labeling, placarding, and shipping papers of the IMDG Code as a Class 9.

The answer is no. In accordance with Special Provision 188 of the IMDG Code lithium-ion cells and batteries are not subject to other provision of the IMDG Code if they meet all of the following requirements:

(1) Each lithium-ion cell may contain not more than 1.5 g of equivalent lithium  

(2) Each lithium-ion battery may contain an aggregate quantity of not more than
      8.0 grams of equivalent lithium content;

(3) Each cell or battery is of the type proved to meet the requirements of each test
      in the UN Manual of Tests and Criteria, Part III, sub-section 38.3;

(4) Cells and batteries must be packed in such a way so as to prevent short circuits
      and must be packed in strong packagings, except when installed in equipment;     

(5) Except when installed in equipment, each package containing more than 24
      lithium cells or 12 lithium batteries must meet the following additional  

(a) Each package must be marked indicating that it contains lithium   
      batteries and that special procedures must be followed in the event
      that the package is damaged;

(b) Each shipment must be accompanied with a document indicating that
      packages contain lithium batteries and that special procedures must       be followed in the event a package is damaged;
(c) Each package is capable of withstanding a 1.2 m drop test in any  
      orientation without damage to cells or batteries contained therein,  
      without shifting of the contents so as to allow battery to (or cell to
      cell) contact and without release of the contents; and

(d) Except for lithium batteries packed with equipment, packages may not
      exceed 30 kg gross mass.

As provided by § 171.12, a hazardous material that is packaged, marked, classed, labeled, placarded, described, stowed and segregated, and certified in accordance with the IMDG Code may be offered and accepted for transportation and transported within the United States subject to certain conditions and limitations.

I hope this information is helpful. Please contact us if you require additional assistance.



John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

171.2, 173.185

Regulation Sections

Section Subject
171.2 General requirements
173.185 Lithium cells and batteries