Q1)  Can used lithium batteries be shipped subject to the same regulatory requirements as new lithium batteries absent clear and manifest evidence of defect or damage?

A1)  Yes. The shipping and packaging requirements of § 173.185 do not differentiate between new or used lithium cells or batteries.

Q2)  Can shippers of used lithium batteries reasonably rely on the testing and certification of the manufacturer of the batteries and have no independent testing responsibility?

A2)  In accordance with §171.1(b)(11), each person who offers a hazardous material for transportation is responsible for certifying that the hazardous material is in proper condition for transportation and in conformance with the requirements of the HMR. The shipper may elect to rely on the testing and certification of the manufacturer.

Q3)  At what point does the condition of the used battery require further action by the shipper to determine whether the battery is defective or damaged and how would a shipper reasonably recognize such a condition exists?

A3)  As provided by § 173.185(f), a lithium cell or battery is considered to be damaged or defective if it is in such a condition that it has the potential of producing a dangerous evolution of heat, fire or short circuit while in transport.