Texas Instruments Incorporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department 1200 New Jersey Avenue SE of Transportation Washington. DC 20590 Pipeline and Hazardous Administration Materials Safety NOV 0 4 2015 Mr. Louis Le Product Stewardship Manager Education Technology Texas Instruments Incorporated 12500 TI Boulevard Dallas, TX 75243 Reference No. 15-0027 Dear Mr. Le: This is in response to your e-mails and the supplemental information you provided requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180) applicable to properly shipping calculators that contain lithium-ion batteries. You state some of your company's calculators that contain these batteries are routinely frustrated in transit. Specifically, you ask if your company's products meet the conditions of § 173.185(c) of the HMR and Special Provision 188 of the International Maritime Dangerous Goods (IMDG) Code. You provided the material safety data sheet (MSDS) of the lithium-ion batteries installed in the calculators. It describes the battery as a 3.7 Volt, 4.44 Watt hour (Wh), lithium ion battery Model Nos. P11P35-09-N01 and P11P35-11-N01, manufactured by Samsung SDI Company, Ltd. The MSDS indicates that the batteries are of a type proven to meet the requirements of each test in the United Nations Manual of Tests and Criteria, Part III sub- section 38.3. You further state the calculators containing installed batteries are packed in blister packs and placed in a strong outer packaging. The information you provided indicates that your shipments of lithium ion batteries contained in equipment meet the cell/battery testing, size, and packaging requirements of § 173.185(c) and Special Provision 188 of the IMDG Code. Hazard communication requirements in § 173.185 and IMDG Code Special Provision 188 apply to packages that contain more than four lithium cells or two lithium batteries contained in equipment. I hope this satisfies your request. Sincerely, TAlen Fast T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Edmonsen §173.185() Batteries Dodd, Alice (PHMSA) 15 - 0027 From: Ciccarone, Michael CTR (PHMSA) Sent: To: Monday, February 02, 2015 4:07 PM Hazmat Interps Subject: transportation of product containing Lithium battery FW: Letter of Interpretation Requested for 49 CFR 173.185 (c) exception for Importance: High Shante/Alice, Please submit this for formal letter of interpretation. Mr Le spoke to Shelby in the HMIC. Thanks, Mike From: Le, Louis [mailto:louis.le@ti.com] To: PHMSA HM InfoCenter Sent: Monday, February 02, 2015 3:42 PM Subject: Letter of Interpretation Requested for 49 CFR 173.185(c) exception for transportation of product containing Lithium battery Importance: High I have products that contains Lithium lon battery or Lithium Metal battery. Currently, there are delayed in country due to authorities and/or carriers stating that due to the product being categorized as an calculator that contains an lithium battery is an Dangerous Goods. HS codes that is used for my product is 8470.10.0000 UN3481 - Lithium ion contained in equipment Battery Capacity / Lithium Content per battery <= 20Wh/ Cell and not more than 4 cells or <= 100Wh / Battery and not more than 2 batteries Texas Instruments Incorporated Lithium lon batteries are 4.44Wh and contains 1 Cell or 1 Battery UN 38.3 T1-T8 Rev.3 Am1 tested and passed. UN3091 - Lithium metal contained in equipment Battery Capacity / Lithium Content per battery <= 1 gram of Lithium / Cell and not more than 4 cells or <= 2 grams of Lithium / Battery and not more than 2 batteries Texas Instruments Incorporated Lithium Metal batteries CR2025 contains 0.042 grams of Lithium and CR2032 contains 0.06 grams of Lithium. UN 38.3 T1-T8 Rev.3 Am1 tested and passed. Please confirm that Texas Instruments Incorporated products meets the DOT 49 CFR 173.185(c) and IMDG Special provision 188 therefore should be deemed non-Dangerous Goods or General Cargo for air, rail, road, and vessel shipment and exempted from requirements in 49 CFR Part 172, Subparts C, D, E, F, G, and H and UN performance packaging requirements prescribed in 49 CFR 173.185(b)(3)(ii) an d(b)(4). Regards, 1#

Page 3Louis Le Product Stewardship Manager Texas Instruments Incorporated Education Technology 12500 TI Blvd Dallas, TX 75243 214-567-4653 louis.le@ti.com "Things do not happen. Things are made to happen" - John F. Kennedy This e-mail and any attachments may contain confidential and privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail, delete this e-mail and destroy any copies. Any illegal. Unless otherwise stated, opinions expressed in this e-mail are those of the author and are not endorsed by the dissemination or use of this information by a person other than the intended recipient is unauthorized and may be author's employer. 2#