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Interpretation Response #08-0182 ([ACCO Brands Corporation] [Mr. Darren Lenox])

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

Interpretation Response Details

Response Publish Date:

Company Name: ACCO Brands Corporation

Individual Name: Mr. Darren Lenox

Location State: IL Country: US

View the Interpretation Document

Response text:

August 6, 2008

Mr. Darren Lenox

Customs Compliance Manager

ACCO Brands Corporation

300 Tower Parkway

Lincolnshire, IL 60069

Ref. No. 08-0182

Dear Mr. Lenox:

This responds to your June 30, 2008 letter requesting a determination that the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) do not apply to a divided chamber dry-erase board marker that contains 5 ml of a Packing Group II flammable liquid ink. You assert that the marker, referred to as "Enduraglide," does not pose an unreasonable risk to health, safety, and property when transported in commerce and, thus, should not be subject to the HMR. You ask that we except Enduraglide markers from the HMR in accordance with the exception provided in § 173.120(d).

The unabsorbed flammable liquid ink contained in the markers, as described by your letter, poses a Packing Group II flammable liquid hazard and, therefore, meets the definition of a hazardous material. The exception you reference in § 173.120(d) does not apply to the markers you describe. As we stated in a letter of interpretation dated June 25, 2008 (Ref. No. 08-0163) the Enduraglide markers are considered hazardous materials, but may take advantage of the small quantity exceptions provided in § 173.4.

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


Susan Gorsky,

Acting Chief, Standards Development

Office of Hazardous Materials Standards

173.120(d), 173.4

Regulation Sections

Section Subject
173.120 Class 3-Definitions
173.4 Small quantities for highway and rail