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.
Sincerely,
T. Glenn Foster
Chief, Standards Development
Office of Hazardous Materials Standards
173.22,173.150, 175.10