Alkaloids Corporation — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 MAR 2 3 2001 Mr. Mano J. Karnani Ref. No. 00-0312 Alkaloids Corporation 8 Bentinck Street Calcutta-700 001 Dear Mr. Karnani: This responds to your request for assistance in determining the United Nations identification number for "capsicum oleoresin." It is your understanding that because of the material's characteristics, it may be considered dangerous cargo in transportation. Your letter provides no information about the physical state properties of your particular product or the manner in which the (solid, liquid, aerosol), chemical composition or hazard material is packaged. Therefore, we are unable to provide you with any specific guidance. Under § 173.22 of the U.S. Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), it is the shipper's responsibility to properly classify a material in accordance with the hazard class definitions in Part 173. If the material does not meet a hazard class definition and, in addition, does not meet the definition of a hazardous substance, hazardous waste, or a marine pollutant as defined in § 171.8, the material would not be regulated as a hazardous material under the HMR. Depending upon its properties and form when offered for transportation, capsicum oleoresin may be a Class 9 material, an aerosol if pressured with a gas, it may meet some other hazard class or may not be regulated. The material's manufacturer is the best source for this information. I assume your intent is to export the material to the United States. If the material is a hazardous material under the HMR and if all or part of the transportation is by vessel, § 171.12 (b) of the HMR permits, with certain exceptions, a placarded and described in accordance with the requirements of hazardous material that is classed, packaged, marked, labeled, the International Maritime Dangerous Goods Code to be offered and accepted for transportation in the United States. See 49 CFR 171.12. Similarly, § 171.11 of the HMR provides that a hazardous material may be transported by aircraft, and by motor vehicle either before or after being transported by aircraft, when 173.22 000312#

Page 2prepared for transportation in accordance with the International Civil Aviation Organization's Technical Instructions for the Transport of Dangerous Goods by Air. I trust this satisfies your request. Please contact us if we can be of further assistance. Sincerely, Hother. Mitchell Chief, Regulatory Review and Reinvention Hattie I. Mitchell Office of Hazardous Materials Standards#

Page 3stevens 51.13.22 - • Shippers Gram E-mail No. Telefax (91) 33-248 8449: 240 1619 Phone. / 248-1263 alkacorp@vsnl.com (248-7574 Kesponsibi lay 248-5464 ALKALOIDS CORPORATION 00-0312 Telefax Message 8, BENTICK STREET, November 07, 2000. CALCUTTA-700 001. U.S. Department of Transportation Research & Special Programs Administration, office of Hazardous Materials Safety, 400 Seventh Street, SW (DHM-32), Washington, DC 20590, U.S. A. Dear Sirs, We intend to export a quantity of 250 Kgs, Capsicum oleoresin. we understand that this falls under the category of Dangerous cargo due to the characteristics of the product. we are unable to identify the exact UN/IMDG Code No. of the product and shall be obliged if you can kindly inform the UN No. under which the product falls. roduct is 2234 but in the absence of the UN No. we are unabl s per Information available with us, the FEMA No Of the to co-relate the same with the regulations governing movement of Dangerous Goods by air. Thanking you in anticipation of receiving your prompt reply, FOI ALKALOIDS CORPORATION Yours faithfully, All queu Mano 1 Kamani. •: :... Iø 390d 60:90 20-IT-Ø0 6t2:731#