Kajuligan Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration APR 21 ~Oil 1200 New Jersey Ave, SE Washington. D.C. 20590 Mr. Clifford Croft Director ofRegulatory Compliance Kajuligan Corporation 1533 Kirkwood Drive Geneva, IL 60134 Ref. No. 11-0021 Dear Mr. Croft: This responds to your January 18,2011 request for clarification on the hazard class and proper shipping name for 46% Hydrogen Peroxide in a 3 ml syringe under the Hazardous Materials Regulations (HMR; 49CFR Parts 171-180). You state that the manufacturer is listing the classification as "UN 3139, Oxidizing liquid, n.o.s. (Hydrogen peroxide), 5.1, PG II" on the Material Safety Data Sheet (MSDS). You disagree with the manufacturer's classification of this material. Specifically, you ask for the proper hazard class and proper shipping name for this product. As provided in § 173.22, it is the shipper's responsibility to properly classify a hazardous material. Such determinations are not required to be verified by this office. Additionally, you provided no test data or an MSDS to substantiate your disagreement with the manufacturer's classification of this material. However, the Hazardous Materials Table (HMT) specifically lists "Hydrogen peroxide, aqueous solution, with more than 40% but less than 60% hydrogen peroxide" as a Division 5.1, and requiring both an OXIDIZER and CORROSIVE label. If the hazard class of the material you describe is questionable, the material should be tested for final hazard class determination. I hope this answers your inquiry. If you need additional assistance, please contact this office at 202-366-8553. Sincerely, I)) L~ Ben Supko Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2• Kajuligan Corporation 1533 Kir1<wood Drive, Geneva, IL 60134 January 18,2010 U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH-IO East Building 1200 New Jersey Avenue, SE. Washington, DC 20590-0001 I would like to get a formal interpretation for the following. We are the distributor of a tooth whitening product that contains 46% Hydrogen Peroxide in a 3ml syringe. The manufacturer is listing the classification as UN3139, Oxidizing liquid, n.o.s. (Hydrogen peroxide), 5.l, PGII on the MSDS. I feel the classification and description are incorrect due to that a 46% concentration ofhydrogen .peroxide is typically corrosive as welL Symbols on the packaging indicates that the product is an oxidizer and corrosive materiaL The MSDS just indicates the material is an oxidizer. The description the manufacturer is using would allow this material to be ship as an excepted quantity by air. Ifthey had used UN2014, Hydrogen peroxide aqueous solution, 5.1 (8), PGII it would not be allowed to ship by air unless they passed a comparative fire test required by special provision A60. It is my understanding that we are required to select the most appropriate proper shipping name. I don't feel the manufacturer has done so in this case. I am looking for guidance on the proper classification for this item. Ifyou require any additional information please let me know. Sincerely, Clifford Croft Director ofRegulatory Compliance Kajuligan Corp. Phone: 630-2154509 Fax: 913-339-9779 Phone: 913-522-1036#