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Interpretation Response #08-0179 ([DeOrchis & Partners, LLP] [Mr. Richard L. Furman])

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

Interpretation Response Details

Response Publish Date:

Company Name: DeOrchis & Partners, LLP

Individual Name: Mr. Richard L. Furman

Location State: NY Country: US

View the Interpretation Document

Response text:

November 6, 2008

Mr. Richard L. Furman

DeOrchis & Partners, LLP

61 Broadway, Suite 2600

New York, New York 10006

Ref. No.: 08-0179

Dear Mr. Furman:

This responds to your letter dated July 10, 2008, regarding the requirements in

§ 173.56(h) for transportation of imported small arms ammunition under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if small arms ammunition manufactured outside of the United States must be tested, classed, and approved even if it would otherwise be excepted from the approval process under § 173.56(h).

A person offering a new explosive for transportation must ensure that the explosive has been tested, classed, and approved in accordance with § 173.56 and assigned an EX-number by the Associate Administrator for Hazardous Materials Safety (See § 173.56(b)). A new explosive that has received approval from a competent authority of a foreign government under the provisions of § 173.56(g) must receive an EX-number from the Associate Administrator for Hazardous Materials Safety for transportation in the United States.

The requirements of § 173.56 do not apply to cartridges, small arms that are:

- Not a forbidden explosive under § 173.54;

- Ammunition for rifle, pistol, or shotgun;

- Ammunition with inert projectile or blank ammunition; and

- Ammunition not exceeding 50 calibers for rifle or pistol cartridges or 8 gauges for shotgun shells.

"Cartridges, small arms" meeting these criteria may be assigned a classification code of 1.4S by the manufacturer (See § 173.56(h)). The exception applies to domestically or

internationally manufactured "Cartridges, small arms" that transit the United States. However, this provision does not relieve a manufacturer outside of the United States from obtaining any necessary competent authority approvals from the country of origin, transit, or overflight when the ammunition is transported.

I hope this satisfies your inquiry. If we can be of further assistance, please contact us.



Susan Gorsky

Acting Chief, Standards Development

Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.56 New explosives-definition and procedures for classification and approval