Interpretation Response #99-0237 ([Bi-Met Company] [Mr. Steven T. Johnson])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Bi-Met Company
Individual Name: Mr. Steven T. Johnson
Location State: NY Country: US
View the Interpretation Document
Response text:
December 14, 1999
Mr. Steven T. Johnson Ref. No. 99-0237
Bi-Met Company
Suite #3
165 Denrose Drive
Amherst, NY 14228
Dear Mr. Johnson:
This is in response your letter requesting confirmation that the ferrosilicon you purchase and resell is not subject to the Hazardous Materials Regulations (HMR: 49 CFR Parts 171-180). You state that your product was tested in accordance with the test method described in Appendix E to Part 173, and found it does not meet the definition of a Division 4.3 (Dangerous When Wet) material.
As provided in § 173.22 it is the shipper’s responsibility to properly classify a hazardous materials. However, if the ferrosilicon sold by your company is the same material that was tested and determined not to meet the Division 4.3 criteria, it is not subject to the HMR.
I hope this satisfies your request.
Sincerely,
Thomas G. Allan
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards
73.22