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Interpretation Response #11-0297R ([Linde Gas North America, LLC] [Mr. Guy Dalton])

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

Interpretation Response Details

Response Publish Date:

Company Name: Linde Gas North America, LLC

Individual Name: Mr. Guy Dalton

Location State: OH Country: US

View the Interpretation Document

Response text:

May 29, 2012


Mr. Guy Dalton
Head of Transport Compliance/Safety
Linde Gas North America, LLC
130 Briar Hill
Painesville, OH 44077

Ref. No. 11-0297R

Dear Mr. Dalton:
This is a revised response to your December 2, 2011 letter requesting clarification of marking requirements for foreign-made UN cylinders under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
Your questions are paraphrased and answered as follows:

Q1. Does equal treatment of U.S. manufactured UN cylinders by a foreign competent authority eliminate the requirement that a UN cylinder approved by a foreign competent authority be approved in accordance with the HMR?

A1. No. Except for UN pressure receptacles marked with the letters "CAN" for Canada as a country of manufacture or approval (see § 171.12(a)(4)(i)); Canadian Transport Commission (CTC) specification cylinders (see § 171.12(a)(4)(ii)); and cylinders under conditional use in port areas or for export (see § 171.23(a)(3)), cylinders are not authorized for transportation to, from, or within the United States unless approved in accordance with the HMR (see §§ 178.69 thru 178.71) and marked "USA" as the country of approval (§ 171.23(a)(2)(iv)).

Q2. May a foreign-made UN cylinder be imported into the U.S. that only has the stamp marking of the country of manufacture?

A2. No. A UN cylinder must also be marked with the country of approval whether the U.S., the country of manufacture, or another competent authority. As noted in A1, except under certain authorized conditions, cylinders must be approved in accordance with the requirements of the HMR and display the "USA" marking.

Q3. If a foreign-made UN cylinder does not conform to the marking of § 178.71(p)(3), what mechanism should be used to document equal treatment other than the cylinder stamp marking?

A3. Your question relates to § 173.24(d) regarding the use of UN standard packagings (e.g., UN cylinders) manufactured outside the United States. Section 173.24(d)(2) authorizes the use of these packagings under conditions and limitations including recognition (equal treatment) of UN standard packagings manufactured in the U.S. by the competent authority of the country of manufacture. There is no documentation requirement associated with § 173.24(d)(2). These provisions neither negate nor supersede the requirements of the HMR for the approval and transport of foreign-made UN cylinders.

I apologize for any confusion my earlier response may have caused. If you need additional assistance, please contact this Office at (202) 366-8553.



Ben Supko
Acting Chief, Standards Development Branch
Standards and Rulemaking Division

171.12(a)(4), 171.23(a)(3), 174.24

Regulation Sections

Section Subject
171.12 North American Shipments
171.23 Requirements for specific materials and packagings transported under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations
174.24 Shipping papers