Interpretation Response #17-0125
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Talking Tables
Individual Name: Chris Silins
Location State: NY Country: US
View the Interpretation Document
Response text:
July 09, 2018
Chris Silins
Talking Tables
404 Fifth Avenue
3rd Floor
New York, NY 10018
Reference No. 17-0125
Dear Mr. Silins:
This letter is in response to your October 9, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to marking and labeling requirements for novelty fireworks imported from China.
We have paraphrased and answered your questions as follows:
Q1. You ask if the HMR permit the use of both the "Novelties, not regulated, except when transported by air" marking and the Division "1.4S" explosive label on the same package.
A1. The answer is yes. Nothing in the HMR prohibit use of both the "Novelties, not regulated, except when transported by air" marking and the Division "1.4S" explosive label on the same package or overpack. However, this may cause confusion in transportation. You can avoid such confusion by working with your carrier(s) beforehand so they know how to properly handle your shipment.
Q2. You ask if the HMR permit the material to enter the United States marked and labeled as a Division 1.4S explosive material and then have the packages remarked with the novelty fireworks marking once they have arrived in the United States.
A2. The answer is yes. If the material is marked and labeled appropriately, the material may enter the United States fully regulated. However, this method would require an EX approval from the Associate Administrator for the international leg of the shipment. Once the material is remarked in accordance with the novelty firework guidance, an EX approval is no longer required.
Q3. You ask if an EX number is required to ship this material.
A3. See the attached Guidance and Criteria for Fireworks Novelty Devices, which states:
EX approval (EX number) or FC certification letter (FC number) is not required to ship novelty devices into or within the United States when the novelties conform to the guidance described in this document.
Therefore, if the material is shipped in accordance with the Guidance and Criteria for Fireworks Novelty Devices, no EX number will be required. However, if the material does not meet the definition of any of the novelty devices in the guidance document or does not ship according to the document's requirements, then the material will require an EX approval before being shipped to the United States.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention
Standards and Rulemaking Division