{"operation":"document","citation":"06-0134","title":"Special Materials Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-06-29","effective_on":null,"summary":"06-0134 response to Special Materials Company concerning 173.120, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0134.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0134.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0134","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060134.pdf","body":"<<<PAGE 1>>>\n\nJ.S. Departmen\nf Transportatior\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nHazire us Materials safety\nAdministration\nJUN 29 2006\nMr. Adam Feldman\nSpecial Materials Company\nRef. No.: 06-0134\n262 West 38th Street\nNew York, NY 10018\nDear Mr. Feldman:\n\"Parachlorobenzotrifluoride\" in accordance with the §173.120 of the Hazardous\nThis responds to your letter dated June 6, 2006, regarding classification of your product\nMaterials Regulations (HMR; 49 CFR Parts 171-180). You enclosed documents from\nseveral companies who tested this product and a Material Safety Data Sheet (MSDS).\nSpecial Materials Company imports \"Parachloro benzotrifluoride\" (PCBTF) from China,\nby vessel. PCBTF is a member of the \"Chlorobenzotrifluoride\" family of compounds.\nParachlorobenzotrifluoride has a flash point greater than 35°C (95°F) and is 99.7 - 99%\npure and shipped in ISO Tankers, packagings having a capacity of between 2,400 to\n2,900 Liters. You stated that PCBTF is not subject to the provisions of the International\nMaritime Dangerous Goods (IMDG) Code because it meets the definition in 2.3.1.3 for\nand you believe not regulated as a hazardous material under the IMDG Code.\nClass 3 materials, which do not sustain combustion. PCBTF is not a marine pollutant,\ncompany's ISO Tankers until tests are performed and a determination is made as to the\nHowever, the Shanghai Maritime Institute in China does not agree and has detained your\n\"Parachlorobenzotrifluoride\" is classed under the HMR as a hazardous material.\ncorrect classification of this product. Specifically, you ask whether\nUnder §173.22 of the HMR, it is the shipper's responsibility to properly classify a\nhazardous material. This office generally does not perform this function.\nThe criteria for a Class 3 material is found in $173.120 of the HMR. As specified in\n} 173.120(a)(3), any liquid with a flash point greater than 35°C (95°F) that does no\nsustain combustion according to ASTM D 4206 or the procedure in Appendix H of Par\n173 does not meet the definition of a Class 3 (flammable liquid). In addition, as specified\nin §173.120(b)(3), a combustible liquid that does not sustain combustion is not subject to\nthe HMR. Based on the information you provided, it is our opinion that your company's\nproduct, \"Parachlorobenzotrifluoride\", does not meet the definition for a\n173.22\n173.120\n060134\n\n<<<PAGE 2>>>\n\nclass definition would not be regulated for purposes of transportation in commerce.\nClass 3 (flammable/combustible liquid), and provided it does not meet any other hazard\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nOffice of Hazardous Materials Standards\nChief, Standards Development\n\n<<<PAGE 3>>>\n\nng rum\n$173.22\nclassification\nspecial\n$173-120.\n06-0134\n262 West 38'h Street\nMATERIALS\nTel 646-366-0400\nNew York, NY 10018\nCOMPANY\nFax 646-366-0595\nwww.smc-global.com\nDate: June 6. 2006\nDEPARTMENT OF TRANSPORTATION\nOFFICE OF HAZARDOUS MATERIALS SAFETY\nPipeline Hazardous Materials and Safety Administration\n400 Seventh Street - S. W.\nWashington DC 20590\nRoom 8421\nAttn: Mr. Dwayne Phund,\nDear Mr. Phund,\nThank you for speaking with our offices this afternoon. As suggested, we have\nwritten this letter and attached what information we have concerning this product.\nSpecial Materials Company is an American Importer. We import chemicals from China.\ncontinuously trying to follow a Best Practices Style of Business with all our products. We\nApproximately seventy percent of our shipments are non hazardous, however we are\nare applying for C-TPAT Certification as well as membership in the National Association\nof Chemical Distributors.\nWe have an issue in China that is causing us great concern. We import\nfamily of compounds. However PCBTF is not subject to the provisions of the IMDC.\nParachlorobenzotrifluoride (PCBTF). PCBTF is a member of the chlorobenzotrifluoride\nCode because it does not sustain combustion. PCBTF is not a marine pollutant, and is\nnot regulated as a dangerous good under any other provision of the Code. We have\nexported this product from China for a number of years.\nThe Shanghai Maritime Institute has now detained our containers. This is having a\nsignificant impact on us. They have decided that this product is now hazardous.\nIf this is upheld, we will be unable to ship as we have in the past, as the weight of the\nproduct and the hazardous regulations would be prohibitive. We sell this product to PPG\nand Sherwin- Williams to name only two.\n\n<<<PAGE 4>>>\n\nPage 2\nCase Consulting Laboratories Inc. in New Jersey who tested this product for us in 2002.\nWe have given the Shanghai Maritime Institute, the paperwork of tests conducted by the\nThis states that under the procedure in 49CFR Ch 1. Pt 174 App H. \"Method of Testing\nfor Sustained Combustibility\" this product exhibits no sustained combustion.\nThe original manufacturer in the United States, Occidental has stated that this material is\nnon-hazardous. However the Shanghai Maritime Institute does not consider this evidence\nacceptable.\ntheir testing laboratories have the appropriate equipment. However in the meantime our\nThey are arranging for their own testing in China. This is taking a time as not all of\ncontainers are backing up and the question that some of our merchandise may be\nmisclassified is creating serious shipping problems for our company.\nThe Shanghai Maritime Institute did suggest to our agents there, that a Letter from\nthe containers now stalled in the pipeline. After much searching Mr. John Currie of\nThe United States Maritime Agency or similar respected Agency might help release\nVOHMA suggested that you were the best choice to help us.\nAttached is a copy of the Material Safety Data Sheet, copy of the Case Consulting\nLaboratories findings and an affidavit from Special Materials Company issued last year.\nWe are grateful for your assistance in this issue, and will cooperate with you in any way.\nWe can to provide information to assist your Department in issuing this letter of\nClassification to the Shanghai Maritime Administration.\nSincerely\nAdam Feldman\nPrincipal","truncated":false,"body_characters":6117}