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Interpretation Response #08-0096 ([Sutherlands] [Ms. Tara Higgins])

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

Interpretation Response Details

Response Publish Date:

Company Name: Sutherlands

Individual Name: Ms. Tara Higgins

Location State: MO Country: US

View the Interpretation Document

Response text:

May 16, 2008

Ms. Tara Higgins


4000 Main Street

Kansas City, MO 64111

Ref. No. 08-0096

Dear Ms. Higgins:

This responds to your March 5, 2008 request for clarification on the Materials of Trade (MOTs) exception in §173.6 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180.) Specifically, you ask if you qualify for use of this exception.

In your letter you state that you operate several lumber/hardware/home improvement stores. You want to transfer a surplus of Thompson"s Deck Wash packaged in one gallon plastic jugs with four jugs per box to one of your stores. The product contains Sodium Hypochlorite (3% by weight). You further state that this is in furtherance of your business and that you are a private motor carrier. You ask if this product qualifies for the MOTs exception.

Based on the information provided in your letter, it is the opinion of this Office that you do qualify for use of the MOTs exception, providing you comply with all of the provisions of §173.6. It is the shipper"s responsibility to properly describe and classify their material in accordance with §173.22. If your material meets the defining criteria for a Class 8 material in Part 173, "Sodium Hypochlorite Solutions" would be an appropriate proper shipping name.

I hope this answers your inquiry.


John A. Gale

Chief, Standards Development

Office of Hazardous Materials Regulations

173.6 173.22

Regulation Sections

Section Subject
173.22 Shipper's responsibility
173.6 Materials of trade exceptions