I Chih Shivan Enterprise

Case Number: 05-0412-SC-EA

Docket Order: PHMSA-2006-24340

The Chief Counsel assessed a total civil penalty of $22,000 for two violations of the HMR. A company who chooses to do business internationally must make efforts to inform itself of the laws and regulations of its own country and the foreign country. In this case, Respondent did not meet the requirements of the HMR or the IMDG. PHMSA used the Penalty Guidelines set forth at Appendix A to 49 C.F.R. Part 107, subpart D. The shipping paper must identify the material as hazardous and must contain information such as the proper shipping name, the UN identification number and the hazard class for the material. The shipping paper must include other information as well (e.g., an emergency contact telephone number). Violation 1: 49 C.F.R. §§ 171.2(a), 172.200(a), 172.300(a), and 172.400(a). Violation 6: 49 C.F.R. §§ 171.2(a), 172.101, 173.22(a)(2), and 173.302(a).