On November 3, 1998, the Office of the Chief Counsel issued an Order to Demosha Chemicals Limited (Respondent) assessing a penalty in the amount of $3,000 and finding that Respondent had knowingly committed the following violation of the Hazardous Materials Regulations (HMR). Offering for transportation in commerce a hazardous material, sodium hydrosulfite, a spontaneously combustible material, in unauthorized nonspecification, nonstandard packagings. The Order, which is incorporated herein by reference, modified the $6,925 civil penalty originally proposed in the July 25, 1997 Notice of Probable Violation (Notice). By a December 8, 1998 letter, Respondent submitted a timely appeal of the Order. Respondent's corrective actions and financial status were properly and appropriately considered in the Order, and the penalty originally proposed in the Notice was reduced by approximately 56% to $3,000. Respondent's corrective actions and financial condition cannot justify completely waiving the penalty in this case.I have determined that there is not sufficient information to warrant mitigation of the civil penalty assessed in the Chief Counsel's Order. I find that a civil penalty of $3,000 is appropriate in light of the nature and circumstance of this violation, its extent and gravity, Respondent's culpability, Respondent's lack of prior offenses, Respondent's ability to pay, the effect of a civil penalty on Respondent's ability to continue in business, and all other relevant factors. The November 3, 1998 Order is affirmed, and the appeal is denied.