PHMSA Response Letter

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July 2, 2008

Mr. Benjamin Garth Studebaker
Principal Safety Engineer
Videojet Technologies Inc.
1500 Mittel Blvd.
Wood Dale, IL 60191-1073

Ref. No. 08-0149

Dear Mr. Studebaker:

This responds to your May 22, 2008 letter requesting clarification of Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to ink cartridges for industrial inkjet printers. The cartridges contain less than 1 liter of printing ink (UN1210), which is a Class 3 (flammable liquid) material. A typical package includes 6 ink jet cartridges placed inside a cardboard box. The total package does not exceed 30 kg (66 pounds). Specifically, you ask if these ink jet cartridges may be renamed “Consumer commodity” and reclassed as “ORM D” when packaged as described in your letter.

A consumer commodity is defined in § 171.8 as a material that is packaged and distributed in a form intended or suitable for sale through retail sales agencies or instrumentalities for consumption by individuals for purposes of personal care or household use. Under the HMR, “Printing ink, UN1210” may be reclassed and described as “Consumer commodity, ORM-D” if it satisfies the limited quantity conditions set forth in § 173.150(b) and meets the definition of a consumer commodity.

It is the shipper’s responsibility to properly class and describe a hazardous material under the HMR (see § 173.22). This office does not perform that function. However, it is the opinion of this office that your ink jet cartridges, when packaged as described in your letter, may be renamed “Consumer commodity” and reclassed as “ORM-D.”

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

Susan Gorsky,
Acting Chief, Standards Development
Office of Hazardous Materials Standards

171.8 173.150