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Interpretation Response #98-0135 ([Dreyco, Inc.] [Mr. Gareth D. Pearce])

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

Interpretation Response Details

Response Publish Date:

Company Name: Dreyco, Inc.

Individual Name: Mr. Gareth D. Pearce

Location State: NJ Country: US

View the Interpretation Document

Response text:

JUN 29, 1998


Mr. Gareth D. Pearce                       Ref. No.: 98-0135
Director, International Marketing
Dreyco, Inc.
263 Veterans Boulevard
Carlstadt, NJ 07072-2792

Dear Mr. Pearce:

This responds to your letter, dated June 15, 1998, concerning shipper certification requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the International Maritime Dangerous Goods (IMDG) Code.  Specifically, you request clarification concerning the responsible signatory for the shipper's certification.

As you explain in your letter, Dreyco is an export management company that serves as the export department under contract for a number of U.S. manufacturers, including a manufacturer of automotive chemicals.  Dreyco issues shipping instructions to the manufacturer for export orders, taking title for the goods and, thus, becoming, in effect, the “shipper” of the goods.  However, Dreyco does not pack shipments for export nor does Dreyco ever see such shipments, since they are shipped directly from the manufacturing facility to the port.  You ask who should sign the Hazardous Materials Certification/Declaration required by the HMR and the IMDG Code.

As specified in § 172.204(a) of the HMR, each person who offers a hazardous material for transportation shall certify that the material is offered for transportation in accordance with the requirements in the HMR.  In order to properly certify a shipment, the person signing the certification must have direct knowledge that the materials are in proper condition for transportation and are properly classified, described, packaged, marked and labeled in accordance with the HMR and applicable international regulations.

Under the provisions of § 172.204 (d)(1), a shipper’s certification or declaration must be legibly signed by a principal, officer, partner, or employee of the shipper or his agent.  In the situation you describe, the manufacturing facility that prepares a shipment for export is acting as your agent.  A principal, officer, partner, or employee of the manufacturer who has direct knowledge that the shipments are in proper condition for transportation and that they comply with the HMR and the IMDG Code may sign the declaration.

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



Thomas G. Allan
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
172.204 Shipper's certification