Q1. Must we always send the shipper the complete set of components used in the laboratory test? Or is it the responsibility of the shipper to request the components they want?

A1. Individual components of a packaging may be sold separately. Ultimately the responsibility for ensuring that the proper components are utilized rests with the shipper.

Q2. If requested by a customer, can the manufacturer send less than the entire amount of components required for a packaging? An example is provided where the shipper has the primary container or any of the other components to a package and they do not need to order more.

A2. Ultimately the responsibility for ensuring that the proper components are utilized rests with the shipper. In accordance with § 178.2(c)(1) the manufacturer or other person certifying compliance with the requirements of part 178 and each subsequent distributor of that packaging is responsible for notifying each person to whom the packaging is transferred with the closure instructions found in § 178.2(c)(1)(i)(B).

Q3. Is the manufacturer required to send the complete set of components even if the shipper does not need them?

A3. Nothing in the HMR prohibits the sale of individual components of an approved packaging.

Q4. If requested by a customer, can the manufacturer send the outer UN marked carton alone, expecting that the shipper will acquire the needed inner components before using the packaging?

A4. Yes. See A2.

Q5. If a packaging distributor purchases packaging for resale, do the same terms apply (regarding components) as a sale directly to a shipper?

A5. Yes.

Q6. Some of your packagings are tested with different components for different shipping methods (e.g can clips for ground transportation and locking rings for air transportation). Are we required to send the complete components for all shipping methods even though the customer won’t use them and doesn’t want them?

A6. No. You may supply the packaging in any configuration necessary.

Q7. The outer cartons of our packagings are printed with the complete assembly and closure instructions. This allows the shipper to perform a repeatable closure from the laboratory test. Do these instructions qualify as proper notification to the shipper of their responsibility to use the complete components for that packaging?

A7. Yes, provided the printed instructions contain all the information required by § 178.2(c)(1)(i)(B).

Q8. If we sell our packagings to a distributer that asks us to deliver the packaging directly to their customer, should we insist the distributer take delivery of the packaging so they can transfer the packaging to their customer and make proper notification?

A8. The HMR do not address this issue.