Metropolis Industries, LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration OCT 29 2010 1200 New Jersey Ave, SE Washington. D.C. 20590 Mr. Kyle Long Metropolis Industries, LLC. 29193 Northwestern Hwy. Suite 549 Southfield, MI 48034 Reference No.: 10-0221 Dear Mr. Long: This is in response to your email requesting clarification ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation from Taiwan to Long Beach, California of your product, "Partystar Spiked Jel Shots," an alcoholic gelatin. You state your product is composed of 12% alcohol by volume, contained in 37.5 ml sealed plastic cups, and further packed in a corrugated box. You ask whether your product is subject to the HMR. Under § 173.22 of the HMR, it is the shipper's responsibility to properly class and describe a hazardous material in accordance with Parts 172 and 173 of the HMR. Generally, this Office does not perform that function. However, § 173.150(d) excepts an alcoholic beverage (wine and distilled spirits as defined in 27 CFR 4.10 and 5.11) from the HMR if it: (1) contains 24% or less alcohol by volume; (2) is in an inner packaging of 5 L (1.3 gallons) or less, and for transportation on passengercarrying aircraft it conforms to § 175.10(a)(4) ofthe HMR as checked or carry-on baggage; or (3) is a Packing Group III alcoholic beverage in a packaging of250 L (66 gallons) or less, unless transported by air. Therefore, based on the information you provided, it appears your product is not subject to the HMR because it meets the requirements specified in § 173.150( d). I hope this satisfies your inquiry. Please contact us if we can be of further assistance. T. Glenn Foster Chief, Standards Development Office of Hazardous Materials Standards#

Page 213ened let~ 11 f. I Drakeford. Carolyn (PHMSA) ~ r12.,,/6/ From: Benedict, Robert (PHMSA) Sent: Wednesday, October 20,20109:01 AM To: Drakeford, Carolyn (PHMSA) Subject: RE: Missing Interp Request Letter From: klong@partystarshots.com [mailto: klong@partystarshots.com] Sent: Friday, July 09, 2010 4:30 PIVl To: INFOCNTR (PHMSA) Subject: Title 49 Transportation Hello, I spoke to Mike Stevens yesterday regarding the transportation of my product from Taiwan to the USA. I would like to confirm the information Mike provided me with. Here are the specifics; My Product: Alcoholic Jello Shot (HTS Code 2208.90.7500) 12% alcohol 37.5ml pr pc inner packaging: sealed plastic cup outer packaging: corrugated box quantity: 120 pcs per box These boxes will be placed in a 40ft container and shipped via ocean from Taiwan to Long Beach, CA. We will also be shipping this by air from time to time. Mike informed me that this product falls under International Air Standards SpeCial Provision A9 as it would relate to shipping this product via air. With that being said, Mike informed me that this product would not be subject to any special labeling, marking or plackarding and is not considered a hazardous material (whether shipped via air or sea), thus not falling under Title 49. Please confirm if this information is accurate and inform me if your office can send me a letter stating your findings. Thank you for your time and best regards. Kyle P. Long VP, Logistics klong@partystarshots.com Metropolis Industries, LLC. 29193 Northwestern Hwy. Suite 549 Southfield, MI 48034 T: 586.350.4982 F: 248.352.6970 www.PartyStarShots.com 1#