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Interpretation Response #14-0105 ([UTRON Kinetics, LLC] [Ms. Tesa Bell])

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

Interpretation Response Details

Response Publish Date:

Company Name: UTRON Kinetics, LLC

Individual Name: Ms. Tesa Bell

Location State: VA Country: US

View the Interpretation Document

Response text:

June 25, 2014

Ms. Tesa Bell
Production Manager
UTRON Kinetics, LLC
9441 Innovation Drive
Manassas, VA 20110

Ref. No.: 14-0105

Dear Ms. Bell,

This is in response to your May 27, 2014 letter requesting clarification on the proper classification of a fabricated product containing zinc, zirconium and tungsten under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).

According to your letter, zirconium is a Class 4 reactive material when in a powder form. However, the process of fabricating the product into a solid state renders the material safe for handling. You have provided laboratory test results that indicate the fabricated product does not meet the definition of a Class 4 material. Specifically, you are requesting confirmation that your product is not subject to the requirements of the HMR when in a solid, compact state.

In accordance with § 173.22, it is the shipper's responsibility to properly classify a hazardous material. This Office generally does not perform this function. However, based on the test data you provided, we agree that your fabricated product does not meet the definition of a Class 4 material. Therefore, if your company's product does not meet any other hazard class definition in Part 173, and is not a hazardous substance, hazardous waste, or marine pollutant, it is not subject to the HMR.

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

Sincerely,

Shane C. Kelley
Acting International Standards Coordinator
Standards and Rulemaking Division

173.22

Regulation Sections

Section Subject
173.22 Shipper's responsibility