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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #20-0024

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

Interpretation Response Details

Response Publish Date:

Company Name: CC Metals and Alloys, LLC

Individual Name: Joe Cruse

Location State: KY Country: US

View the Interpretation Document

Response text:

June 9, 2020

Joe Cruse
Quality / Lab Manager
CC Metals and Alloys, LLC
1542 North Main Street
PO Box 217
Calvert City, KY 42029

Reference No. 20-0024

Dear Mr. Cruse:

This letter is in response to your March 9, 2020, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification of "UN1408, Ferrosilicon, with 30 percent or more but less than 90 percent silicon." You state that your company has transported this material as a non-hazardous material based on third-party testing that confirmed that the material does not meet the definition of a Division 4.3 (dangerous when wet) material. However, you state that the U.S. Coast Guard will not accept the third-party testing information you have previously provided them and you seek confirmation that the product you transport does not meet the criteria of a Division 4.3 (dangerous when wet) material.

Under 49 CFR 173.22, it is the shipper's responsibility to properly classify a hazardous material and such determinations are not required to be verified by this Office. Furthermore, PHMSA does not certify a shipper's determination of whether a material is hazardous or not. However, based on the third-party test results you provided with your email, it is the opinion of this Office that the ferrosilicon manufactured by your company does not meet the criteria of a Division 4.3 (dangerous when wet) material. Note that exclusion from Divisions 4.3 alone does not necessarily indicate that the material is not subject to the HMR. To satisfy the request of the U.S. Coast Guard you may consider conducting additional tests to verify that the product does not meet any other hazard classification criteria, (e.g., Division 6.1).

I hope this information is helpful. Please contact us if we can be of further assistance.


Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division


Regulation Sections

Section Subject
173.22 Shipper's responsibility