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Interpretation Response #15-0217 ([Wacker Chemical Corporation] [Mr. Michael Strong])

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

Interpretation Response Details

Response Publish Date:

Company Name: Wacker Chemical Corporation

Individual Name: Mr. Michael Strong

Location State: MI Country: US

View the Interpretation Document

Response text:

March 29, 2016

Michael Strong
Senior Regulatory Affairs Specialist
Wacker Chemical Corporation
3301 Sutton Road
Adrian, MI 49221

Ref. No.: 15-0217

Dear Mr. Strong:

This is a response to your October 30, 2015 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the authorization and conditions for the use of international standards and regulations.  In your letter, you state that your colleagues in Germany have asked you to request clarification from the Pipeline and Hazardous Materials Safety Administration (PHMSA) regarding the legal definition of the entity considered to be “the person importing” when products are shipped to the U.S. from Germany.  Your questions are paraphrased and answered as follows:

Q1. What does “each person importing” mean in accordance with § 171.22(f)(1)?

A1. In the context of § 171.22(f)(1), each person importing means an individual, corporation, company, association, firm, partnership, society, or joint stock company that imports a hazardous material into the United States.  In accordance with § 171.22(f)(1), except for shipments into the United States from Canada conforming to § 171.12, each person importing a hazardous material into the United States must provide the forwarding agent at the place of entry into the United States timely and complete written information as to the requirements of this subchapter applicable to the particular shipment.  

Q2. Which methods of providing the written information that is required by § 171.22(f)(1) are allowable – e.g. whether a Safety Data Sheet would be sufficient with data about Reportable Quantity and corresponding limits or inhalation hazard zone?

A2. The HMR does not require specific wording or methods to be used to meet the requirement in § 171.22(f)(1); only that each person importing a hazardous material into the United States must provide the forwarding agent at the place of entry into the United States timely and complete written information as to the requirements of this subchapter applicable to the particular shipment.  The format chosen to                                     

accomplish this must include the applicable additional conditions or requirements imposed.

Q3. Are there other special requirements for which additional data are necessary – e.g. special permits for certain containers?

A3. The complete written information should include all information necessary to ensure compliance with the requirements of the HMR including, where appropriate, an indication of any applicable special permits.  

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

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

171.22(f)(1), 171.12

Regulation Sections

Section Subject
171.22 Authorization and conditions for the use of international standards and regulations
171.22 Authorization and conditions for the use of international standards and regulations