Classification of Hazardous Materials absorbed in Polyethylene Pellets.

This is in response to your March 30, 2006 letter regarding the applicability of the Hazardous Materials Regulations (HM.R; 49 CFR Parts 171-180) to a product consisting of small amounts of hazardous materials absorbed into polyethylene pellets. You enclosed a picture of the pellets and the packaging. You also enclosed material safety data sheets for the following product constituents: piperidine, a corrosive liquid.; pyrazine, a flammable solid; 1-methylpiperazine, a corrosive, flammable liquid; 1-methylpyrrolidine a flammable liquid, corrosive; and 1-methylpyrrolidine, a flammable liquid, corrosive.

According to your letter, each product to be shipped contains one or more of the above constituents completely absorbed in a vacuum environment into porous polyethylene pellets. The pellets are placed into a plastic dish and heat sealed in individual metalized polyethylene packets. Once the packet is sealed, a 2-3 mm hole is created on one surface of the packet then resealed with metalized self-adhesive tape. Each completed packet weighs approximately 2.75 grams and contains between 0.7 and 1 gram of constituent material. The package as prepared for transport consists of 16-32 individual packets. You state the small amount of hazardous material absorbed into the polyethylene pellets further contained within the packet do not pose a risk in transportation

You did not provide sufficient information on the final product to make a determination regarding classification. Under § 173.22 of the HMR, it is the shipper's responsibility to properly class a material as hazardous or non-hazardous. This office does not perform that function.

If you determine that the material in the form it will be offered for transportation does not meet the definition of any hazard class or division in the HMR, the material is not subject to the HMR.