Interpretation Response #99-0114 ([Poly Fiber, Inc.] [Mr. Gregory Albarian])

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

Interpretation Response Details

Response Publish Date: 07/17/1999

Company Name: Poly Fiber, Inc.

Individual Name: Mr. Gregory Albarian

Location State: CA Country: US

View the Interpretation Document

Response text:

JUL 17, 1999

Mr. Gregory Albarian                 Ref. No. 99-0114

Poly Fiber, Inc.

P.O.  Box 3129

Riverside, CA 92519

Dear Mr. Albarian:

This is in response to your letter dated April 28, 1999,  Class 8 requesting clarification of exceptions for Class 3 materials in §§ 173.150 and 173.154. Specifically You want to know how to ship Class 3 and Class 8 materials as "Consumer commodity,  ORM-D.

To ship your product as a Consumer commodity ORM-D, it must: 1)  meet the definition for Consumer commodity-, 2) in the section  referenced  in the Hazardous  Materials Table in  § 172.101, be allowed a special exception for shipment as an ORM-D, for example § 173.150(c); and, 3) be packaged for shipment in accordance with the limited quantity provisions.

In order to be a limited -quantity of a Class 3 material in Packing Groups II and III, you would be limited to combination packagings with inner packagings not exceeding 1 liter and 5 liters respectively.  In order to be a limited quantity of a Class 8 material in Packing Groups II and III, you would be limited to combination-packagings with inner packagings not exceeding 1 liter and 4 liters respectively.  Therefore, if your products are suitable for sale in retail outlets as stated in your letter and are packaged as limited quantities in accordance with § 173.150 (b) and § 173.154(b), they-may be renamed Consumer commodity and reclassified ORM-D. 

I hope  this satisfies your request.

 Sincerely,

John A. Gale

Transportation Regulations Specialist,

Office of Hazardous Materials Standards

173.150

Regulation Sections