Marking of Packages

May 25, 2023

Reference No. 22-0101

This is in response to your September 27, 2002, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the marking of United Nations (UN) packages. Your letter cites three previously issued PHMSA letters of interpretation (LOI) which discuss the self-certification of packages—Reference Nos. 15-0082, 15-0239, and 02-0139. LOI 15-0082 states that a company can self-certify packaging by marking it with the certification requirement or have the fabricator mark it with the company’s name or symbol—at the direction of the company. LOI 15-0239 states that the country of marking determines the appropriate “country of manufacture” mark for the packaging. Lastly, LOI 02-0139 states that the packaging manufacturer is the one who certifies the packaging by placing a name or symbol in the specification markings. LOI 02-0139 also states that a packaging fabricator can make a packaging without certification marks if the customer self-certifies using the UN standard marking. In your letter, you provide a scenario and list the following assumptions:

• The package is a 5-gallon UN 1A1 stainless steel drum used for packaging liquids.
• The packaging has been designed by Entegris, Inc.—a company located in the United States (US).
• The packaging is “fabricated” outside of the United States.
• The package design qualification tests were performed by a U.S. Department of Transportation (DOT)-recognized UN Third-Party Packaging Certification Agency.
• The packaging was successfully tested, in accordance with the design qualifications tests specified in § 178.601(k)(1)(i).
• Entegris, Inc. has been issued a DOT M-Number, which would be marked on the packaging, identifying Entegris as the manufacturer of the packaging who is certifying compliance with subpart L and subpart M of part 178 of the HMR.

Additionally, your letter provides a sample marking scheme to assist in responses to your questions. We have paraphrased your questions and answered them in the order you provided.

Q1. You ask whether the package described in your letter can be marked with the UN specification and certification marks specified in § 178.503(a)(1) through (a)(9) for a new packaging.

A1. The answer is yes. While your company may not be the actual fabricator of the packaging, your company is able to “self-certify” by marking the packaging in conformance with the certification requirement specified in § 178.503(a)(8), provided the marking is applied in the United States.

Q2. You ask whether your company can direct the fabricator—located outside of the United States—to mark the packaging on Entegris’ behalf including all the marks as shown in your letter, including Entegris’ M-Number and the “USA” mark.

A2. The answer is no. Marking is the final step in the packaging manufacturing process. If a packaging is marked outside the United States, it cannot be marked “USA” as the country of manufacture. Please note that if an unmarked packaging is sent to the United States and marked in the United States, the “USA” mark is authorized.

Q3. You ask whether Entegris is permitted to mark a packaging with the UN specification and certification marks that has been sent to Entegris’ location in the United States from an overseas location.
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A3. The answer is yes. As stated in LOI 02-0139, if a company is willing to assume responsibility for certifying compliance, a packaging fabricator may fabricate a packaging to a tested UN standard, but not place any packaging certification marks on the packaging. The company would then self-certify as the manufacturer by the placement of the complete required UN standard marking on the packaging.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

178.503(a)(1), 178.503(a)(8), 178.601(k)(1)(i)