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Interpretation Response #10-0117 ([Polymet Alloys, Inc.] [Mr. Matt Gilmore])

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

Interpretation Response Details

Response Publish Date:

Company Name: Polymet Alloys, Inc.

Individual Name: Mr. Matt Gilmore

Location State: AL Country: US

View the Interpretation Document

Response text:

July 8, 2010

 

 

 

Mr. Matt Gilmore

Sales and Operations Manager

Polymet Alloys, Inc.

1701 Providence Park, Suite 100

Birmingham, AL 35242

Ref. No.: 10-0117

Dear Mr. Gilmore:

This is in response to your June 2, 2010 letter requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to an approximately 91.4 % pure calcium-silicon (33/67) alloy material produced by Rima Industrial S/A in Brazil. You request confirmation from this office that the test report submitted with your letter provides sufficient verification that the tested material is not subject to the requirements of the HMR.

As provided in § 173.22, it is the shipper's responsibility to properly classify a hazardous material. Such determinations are not required to be verified by this office. However, based on the test results you provided, it is our opinion that the calcium-silicon alloy material described in the test report does not meet the definition of a Division 4.3 material and, provided it does not meet the criteria for another hazard class, it is not subject to the HMR.

I hope this answers your inquiry. If you have further questions, please do not hesitate to contact this office.

Sincerely,

Charles E. Betts

Chief, Standards Development

Office of Hazardous Materials Standards

173.22

Regulation Sections

Section Subject
173.22 Shipper's responsibility