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Interpretation Response #13-0192 ([Nynas USA, Inc.] [Mr. Edward Skelton])

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

Interpretation Response Details

Response Publish Date:

Company Name: Nynas USA, Inc.

Individual Name: Mr. Edward Skelton

Location State: TX Country: US

View the Interpretation Document

Response text:

December 23, 2013

Mr. Edward Skelton
Head of Supply Chain Americas
Nynas USA, Inc.
800 Gessner Road, Suite 1150
Houston, TX 77024

Ref. No.: 13-0192

Dear Mr. Skelton:

This is in response to your letter requesting clarification of the the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the marking and labeling requirements when reshipping marine pollutants domestically.  Your letter states that your company imports marine pollutants, marked and labeled as “UN 3082, Environmentally hazardous substance, liquid, n.o.s., Class 9” in accordance with the International Maritime Dangerous Goods (IMDG) Code.  Upon receipt, the materials are reshipped by your company in both bulk (e.g., IBC’s, portable tanks) and non-bulk (e.g., boxes, drums) quantities.  It is your understanding that under the HMR, this material can be reshipped domestically as “not regulated” without removing the affixed markings and labels, provided the materials are not a marine pollutant as defined by the HMR and are not otherwise hazardous.

Your understanding is correct. A material transported as a marine pollutant in accordance with the IMDG code that does not meet the definition of a marine pollutant, a hazardous substance, a hazardous waste or any other hazard class under the HMR is not subject to the requirements of the HMR.  The markings and labels that were required to be affixed to the packages for transportation by vessel in accordance with the IMDG Code need not be removed or covered for subsequent domestic transportation.

In addition, § 172.401(c) permits labeling in accordance with the IMDG Code and §172.303(b)(3) permits the marking of a shipping name on a package when the name describes a material not regulated under the HMR.  Although your material does not meet the definition of a hazardous material under the HMR, the package may remain appropriately marked and labeled in accordance with the IMDG Code and transit the United States without shipping papers.  However, if your shipment will not be accompanied by a shipping paper, the marks and labels on your package may cause delays or otherwise frustrate its transportation. To avoid this problem, we suggest the following:

1. Remove, obliterate, or securely cover the markings and labels;
2. Leave the marking and labeling in place and describe the material as "Environmentally hazardous substances, liquid or solid, n.o.s." in accordance with § 172.102, Special Provision 146; or

3. Provide an indication on the package or bill of lading that the material is not regulated by the HMR.

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


Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division

172.401, 172.303, 172.102 SP 146

Regulation Sections

Section Subject
172.303 Prohibited marking
172.401 Prohibited labeling