Applicability of shipper's responsibility
Pipeline and Hazardous Materials Safety Administration · Sep 5, 2007 · Reference No. 07-0103
Reggie’s quick take
Someone asked whether a shipper could be penalized after its customer sent back explosives it had originally shipped. The agency said yes if the first shipper handed over the EX number, shipping papers, packaging and instructions, because each person who performs offeror functions must follow the rules, so both shippers could face penalties. Penalties are decided case by case. If the first shipper did nothing to help, and the customer shipped the ammunition primer under that EX number in the original packaging without telling it, the agency said the first shipper would not be subject to penalties under the rules.
Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.
This is in response to your May 9, 2007 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipper's responsibilities. Your scenario is based on an originating shipper, "Shipper A," who properly sends a package of explosives to its customer, "Shipper B" in accordance with the HMR. Subsequently, Shipper B desires to ship the explosives back to Shipper A. Your questions are paraphrased and answered below.
Q1: If Shipper A provides Shipper B with the EX number and shipping materials (including signed shipping papers, packaging materials and instructions), is Shipper A potentially subject to either the civil or criminal penalty provisions of the HMR?
A 1: The answer is yes. Each person who performs the functions of an offeror (shipper), such as signing the certification statement on a shipping paper or preparing a hazardous material shipment for transportation in commerce, is responsible for performing those functions in accordance with the HMR. Therefore, both Shipper A and Shipper B are potentially subject to either the civil or criminal penalty provisions that may result from non-compliance with the HMR. Determinations of civil or criminal penalties are handled on a case-by-case basis.
Q2. If Shipper B, without any assistance from or notification to Shipper A, offers the ammunition primer for transport in commerce using Shipper A's EX number and in the original packaging, will Shipper A be subject to either civil or criminal penalty provisions of the HMR?
A2. The answer is no. If Shipper A does not perform any of the functions of an offeror, then the HMR, including the enforcement provisions would not apply. Also, note that the EX number is directly associated with the explosive material and its packaging.
A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.