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Interpretation Response #11-0018 ([Aluminio No. 7] [Ms. Isabel Martinez])

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

Interpretation Response Details

Response Publish Date:

Company Name: Aluminio No. 7

Individual Name: Ms. Isabel Martinez

Country: MX

View the Interpretation Document

Response text:

March 1, 2011




Ms. Isabel Martinez

Fuego Envasado

Aluminio No. 7

Fracc. Esfuero Nacional, Xalostoc, Estado de Mexico, C.P. 55320


Reference No.: 11-0018

Dear Ms. Martinez:

This responds to your letter requesting a review of your products and their classification under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter you enclosed two Material Safety Data Sheets (MSDS) for two variations of your product, "Fuego Envasado," a gelled Methanol and gelled Ethanol chafing fuel. Specifically, you request a letter confirming your conclusions regarding the classification of these products as hazardous materials, their respective proper shipping names and their eligibility for the consumer commodity ORM-D exception provided in § 173.150. You state your products would be described as "UN1993, Flammable liquids, n.o.s., 3, PG III."

In accordance with § 173.22, it is the shipper's responsibility to properly class and describe a hazardous material. This Office does not perform that function. However, based on the information you provided in your letter and enclosed MSDS, it is the opinion of this Office that the proper shipping names and identification numbers you selected are appropriate, provided the products do not meet the definitions of any other hazard classes, such as Division 6.1. It should be noted however, that if a material is described on a shipping paper by a proper shipping name identified by the letter "G" in Column (1) of the § 172.101 Table, the technical name of the hazardous material must be entered in parentheses in association with the basic description unless otherwise excepted (i.e. Methanol or Ethanol).

You state that your product is packed in 7.0 fluid ounce tin cans and then further packed in a case with a total gross weight of 57.1 pounds. Generally, a consumer commodity, as defined in

§ 171.8, is a material that is packaged and distributed in a form intended or suitable for sale through retail sales agencies or instrumentalities for consumption by individuals for purposes of personal care or household use. A Class 3 (flammable liquid) material packaged for shipment in accordance with the limited quantity provisions in § 173.150 that meets the definition of a consumer commodity may be renamed "Consumer commodity" and reclassed as ORM-D material. Packages containing an ORM-D material must be marked in accordance with

§ 172.316. Based on the information provided in your letter, it is the opinion of this Office that your products may be transported as consumer commodities.

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


T. Glenn Foster

Chief, Regulatory Review and Reinvention Branch

Standards and Rulemaking Division

173.22, 173.150

Regulation Sections

Section Subject
173.150 Exceptions for Class 3 (flammable and combustible liquids)
173.22 Shipper's responsibility