Cosmo International Corporation — Hazardous Materials Safety Interpretation

Page 1- of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administratior DEC 12 2003 Ms. Patricia M. Sobel Regulatory Affairs Ref. No. 03-0267 501 Fairway Drive Cosmo International Corporation Deerfield Beach, Florida 33441 Dear Ms. Sobel: This responds to your October 23, 2003, letter requesting clarification on whether your fragrance oils are regulated under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification on whether your fragrance oils meet the Class 9 hazard class defining criteria in Part 173 of the HMR. According to your letter, you manufacture and ship fragrance oils that are raw materials for perfumery products. Your fragrance oils can be readily identified by their characteristic odor and the description on the label. You further state that the odor would not cause extreme annoyance to the flight crew since none of your materials has anesthetic or noxious properties. Under § 173.22, it is the shipper's responsibility to properly class and describe a hazardous material for shipment. However, based on the information provided in your letter, it is the opinion of this Office that your fragrance oils do not meet the Class 9 defining criteria in Part 173. Provided your materials are not a flammable liquid, hazardous substance, hazardous waste, or marine pollutant, they are not subject to the HMR. I hope this answers your inquiry. Sincerely, Susan Gorsky Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 173,140 030267#

Page 2Boothe $173. 140 Definitions cosmo international corp. 03-0267 October 23, 2003 Mr. Edward Macculao USDOT-RSPA (DHM-10) Director of Office of Hazardous Materials Standard 400 7*. Street S.W. Washington DC, Washington 20590 Re.: Letter of Clarification Dear Mr. Macculao: We kindly request a letter of clarification for CFR 49, Part 173.140 Class 9 - Definition. We manufacture and ship fragrance oils which are considered raw materials for perfumery synthetic. Although most of our products are not flammable, all materials are packed on UN products. Our fragrances consist of a blend of various odoriferous substances, both natural and approved drums protected by a fibreboard box. description on the label. The odor should not cause any extreme annoyance to the flight crew Should an spill occur, our fragrances can be identified by their characterisic odor and by the members because none of our materials have an anesthetic or noxious properties. If you need additional information to issue the letter of clarification, please let me know. est regards, Regulatory Affairs Patrícia M. Sobel Tel.: (954)798-4556 cc. Amy Winter - Fragrance Operation Manager Juan Antillon - General Manager 601 Fairway Drive, Deerfield Beach, FL 33441 Telephone: (954)798-4500 - Fax: (954)798-4510#