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Interpretation Response #10-0133 ([American Ordnance LLC Iowa Army Ammunition Plant] [T. Bradley Vance])

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

Interpretation Response Details

Response Publish Date:

Company Name: American Ordnance LLC Iowa Army Ammunition Plant

Individual Name: T. Bradley Vance

Location State: IA Country: US

View the Interpretation Document

Response text:

December 8, 2010



T. Bradley Vance

Traffic Manager

American Ordnance LLC

Iowa Army Ammunition Plant

17575 HWY 79

Middletown, IA 52638-9701

Ref. No. 10-0133

Dear Mr. Vance:

This responds to your request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipper"s responsibility. Specifically, you state that your company manufactures and ships containerized product to locations specified by its customers. Your customers will occasionally reship those products using a different carrier and by multiple modes of transport to various locations worldwide. Additionally, your customer requests that you provide them with documentation for the subsequent transportation by vessel to the containerized product"s final destination. Your questions are paraphrased and answered as follows:

Q1. Who is responsible for providing documentation for the above scenario, the manufacturer (original shipper) or the customer who offers the containerized product to a vessel operator?

A1. The customer is responsible for providing the documentation required to ship the container to the port and subsequent vessel transportation. The customer may, however, rely on information provided by the manufacturer (or previous offeror) and consider it direct knowledge, unless that offeror knows or a reasonable person acting in the circumstances and exercising reasonable care would know that the information provided is incorrect.

Q2. Is a cargo consolidator required to create new shipping papers that consolidates individual consignments or is he or she allowed to offer the shipment with the shipping papers that were prepared by the original offerors?

A2. The HMR do not require that a cargo consolidator create new shipping papers. If the individual shipping paper documents are still active (i.e., the shipment has not reached its intended destination as shown on the shipping papers), they are still acceptable. However, if the cargo consolidator creates new shipping papers they may rely on the previous certification when recertifying the shipment unless objective factors are present to cause the cargo consolidator to believe that the condition of the shipment has changed since offered by the original shipper (e.g., damage to the packages during transit, broken seal, etc.).

I hope this information is helpful. If you have further questions, please do not hesitate to contact us.


T. Glenn Foster

Chief, Regulatory Review and Reinvention

Standards and Rulemaking Division

173.22, 172.200, 172.204

Regulation Sections

Section Subject
173.22 Shipper's responsibility