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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #10-0221 ([Metropolis Industries, LLC] [Mr. Kyle Long])

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

Interpretation Response Details

Response Publish Date:

Company Name: Metropolis Industries, LLC

Individual Name: Mr. Kyle Long

Location State: MI Country: US

View the Interpretation Document

Response text:

October 29, 2010



Mr. Kyle Long

Metropolis Industries, LLC.

29193 Northwestern Hwy.

Suite 549

Southfield, MI 48034

Reference No.: 10-0221

Dear Mr. Long:

This is in response to your email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation from Taiwan to Long Beach, California of your product, "Partystar Spiked Jel Shots," an alcoholic gelatin. You state your product is composed of 12% alcohol by volume, contained in 37.5 ml sealed plastic cups, and further packed in a corrugated box. You ask whether your product is subject to the HMR.

Under § 173.22 of the HMR, it is the shipper's responsibility to properly class and describe a hazardous material in accordance with Parts 172 and 173 of the HMR. Generally, this Office does not perform that function. However, § 173.150(d) excepts an alcoholic beverage (wine and distilled spirits as defined in 27 CFR 4.10 and 5.11) from the HMR if it: (1) contains 24% or less alcohol by volume; (2) is in an inner packaging of 5 L (1.3 gallons) or less, and for transportation on passenger-carrying aircraft it conforms to § 175.10(a)(4) of the HMR as checked or carry-on baggage; or (3) is a Packing Group III alcoholic beverage in a packaging of 250 L (66 gallons) or less, unless transported by air. Therefore, based on the information you provided, it appears your product is not subject to the HMR because it meets the requirements specified in § 173.150(d).

I hope this satisfies your inquiry. Please contact us if we can be of further assistance.


T. Glenn Foster

Chief, Standards Development

Office of Hazardous Materials Standards

173.22,173.150, 175.10

Regulation Sections

Section Subject
173.150 Exceptions for Class 3 (flammable and combustible liquids)
173.22 Shipper's responsibility
175.10 Exceptions for passengers, crewmembers, and air operators