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Interpretation Response #08-0190 ([Cytec Industries, Inc.] [Mr. James Sompii])

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

Interpretation Response Details

Response Publish Date:

Company Name: Cytec Industries, Inc.

Individual Name: Mr. James Sompii

Location State: NJ Country: US

View the Interpretation Document

Response text:

January 7, 2009

Mr. James Sompii

Cytec Industries, Inc.

5 Garrett Mountain Plaza

West Patterson, New Jersey 07424

Ref. No.: 08-0190

Dear Mr. Sompii:

This is in response to your July 17, 2008 letter asking about the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to a shipment of hazardous materials by vessel that originates and terminates outside of the United States, is prepared in accordance with the International Dangerous Goods Code (IMDG Code), and which is never unloaded from the vessel while in the United States.

The HMR apply to the commercial transportation of hazardous materials to, from, or within the United States, including the navigable waters of the United States, even when a shipment is never unloaded from the vessel. However, § 171.22(a) authorizes the use of the IMDG Code as an equivalent to the HMR, when: (1) all or part of the transportation is by vessel; and (2) the shipment complies with the conditions, limitations, and additional requirements set forth in §§ 171.22(b)-(g), 171.23, and 171.25.

In particular, any additional or differing shipping paper and placarding requirements in subparts C and F of 49 CFR part 172, respectively, do not apply to a shipment of hazardous materials prepared in accordance with the IMDG Code which is never unloaded from the vessel in the United States. As provided in § 171.25(d)(1), these requirements apply only to a shipment of hazardous material that is offered, accepted, and transported by motor vehicle within the U.S. port area.

I hope this answers your inquiry.




Charles E. Betts

Chief, Standards Development

Office of Hazardous Materials Standards

171.22, 171.22, 171.23, 171.25

Regulation Sections

Section Subject
171.22 Authorization and conditions for the use of international standards and regulations
171.25 Additional requirements for the use of the IMDG Code