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Certificate 11192

Downloadable version

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Transport
Canada
Safety and Security

Transport Dangerous
Goods Directorate
330 Sparks Street
Ottawa, Ontario K1A 0N5
Transports
Canada
Sécurité et sûreté

Direction générale du
transport des marchandises dangereuses
330, rue Sparks
Ottawa (Ontario) K1A 0N5

Equivalency Certificate

Certificate No.: SU 11192

Certificate Holder: NK Co., Ltd.

Mode of Transport: Road, Railway, Marine

Issue Date: August 9, 2013

Expiry Date: August 31, 2018

CONDITIONS

This Equivalency Certificate authorizes NK Co., Ltd., to sell, offer for sale, distribute, or deliver in Canada, and authorizes any person to handle, offer for transport, transport, or import into Canada, by road or railway vehicle, or by ship, tubes, in a manner that does not comply with subsections 5.1(1) and 5.1(2), section 5.2, subparagraphs 5.10(1)(a)(i) and 5.10(1)(b)(i), paragraph 5.10(1)(c), subparagraph 5.10(1)(d)(i), and subsection 5.10(2) of the Transportation of Dangerous Goods Regulations, if:

(a) subject to conditions (b) to (k) of this certificate, the requirements set forthin standard CSA B342-09, "Selection and use of UN pressure receptacles and multiple-element gas containers for the transport of dangerous goods, Class 2", March 2009, published by the Canadian Standards Association (CSA), are complied with;

Manufacture

(b) subject to conditions (c) to (f) of this certificate, the tubes, including their closures, are manufactured in accordance with 49 CFR and are marked with the letters "USA" denoting the United States of America as the country of approval;


Equivalency Certificate

SU 11192

CONDITIONS

(c) each tube is in compliance with Approval CA2004080020 issued by the competent authority of the United States under sections 107.807, 107.809, and Part 178 of Title 49 of the "Code of Federal Regulations" of the United States;

(d) each tube is constructed at NK Co., Ltd., 1464-1, Gangseo-Gu, Songjeong-Dong, Busan, South Korea, in accordance with drawing number UN910-035N or UN910-021 filed by NK Co., Ltd., on March 20, 2013 with the Transport Dangerous Goods Directorate;

(e) the following is an example of the markings applied to an approved tube:

Image in permit

(f) the manufacturer's registered marks applied to each tube are:

"M8902" and "NK"


Equivalency Certificate

SU 11192

CONDITIONS

Periodic Inspection and Testing (Requalification)

(g) subject to conditions (h) and (j) of this certificate, the tubes are visually inspected and tested in accordance with International Standard ISO 6406:2005, Gas Cylinders - Seamless Steel Gas Cylinders - Periodic Inspection and Testing, at the periodicity specified in standard CSA B342-09, "Selection and use of UN pressure receptacles and multiple-element gas containers for the transport of dangerous goods, Class 2", March 2009, published by the Canadian Standards Association (CSA), by a periodic inspection and test body (requalification facility) registered with the Director pursuant to Clause 25 of standard CSA B339-08, "Cylinders, Spheres, and Tubes for the Transportation of Dangerous Goods", March 2008, published by the Canadian Standards Association (CSA), or in accordance with Part 180 of 49 CFR by a periodic inspection and test body approved by the Associate Administrator of the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration;

(h) each tube that meets the periodic inspection and test requirements is marked with:

(i) the letters "CAN" or "USA", as applicable, to denote the country authorizing the body performing the periodic inspection and test,

(ii) the registered mark of the periodic inspection and test body, and

(iii) the date of the periodic inspection and test, i.e., the year (two digits) followed by the month (two digits) separated by a slash (i.e. "/"). Four digits may be used to indicate the year;

(i) the marks specified in condition (h) of this certificate appear consecutively in the sequence given;

(j) the periodic inspection and test body retains records of tube periodic inspection and tests (both passed and failed) including the location of the test facility, for not less than 15 years. The owner of the tube retains an identical record until the next periodic inspection and test unless the tube is permanently removed from service; and


Equivalency Certificate

SU 11192

CONDITIONS

(k) the shipping document that accompanies the dangerous goods includes the following information legibly and indelibly printed:

"Equivalency Certificate No. SU 11192"

Note: The issuance of this Equivalency Certificate in no way reduces the certificate holder's responsibility to comply with any other requirements of the Transportation of Dangerous Goods Regulations, the Technical Instructions for the Safe Transportation of Dangerous Goods by Air, the International Maritime Dangerous Goods Code, and the Canadian Aviation Regulationsnot specifically addressed in this certificate.

Signature of Issuing Authority

_____________________________

David Lamarche P. Eng., ing.

Chief

Permits and Approvals Division


Equivalency Certificate

SU 11192

(The following is for information purposes only and is not part of this certificate.)

Contact Person: Hyun-Joon Ji

Assistant Manager

NK Co., Ltd.

1464-1, Gangseo-Gu, Songjeong-Dong

Busan, South Korea

Telephone: 82(0)51 899 0112

Facsimile: 82(0)51 832 0135

E-mail: hjji@nkcf.com

Explanatory Note

This Equivalency Certificate allows the use of pressure receptacles (tubes) that comply with standard CSA B342-09, "Selection and use of UN pressure receptacles and multiple-element gas containers for the transport of dangerous goods, Class 2", March 2009, published by the Canadian Standards Association (CSA), and are approved by the competent authority of the United States, i.e., the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration.

Legend for Certificate Number

SH - Road, SR - Rail, SA - Air, SM - Marine

SU - More than one Mode of Transport

Ren. - Renewal


Equivalency Certificate

SU 11192

NOTE

Under Canadian Law, a foreign manufacturer of non-specification tubes cannot be charged with an offence under the Transportation of Dangerous Goods Act, 1992 for failure to comply with the conditions of an Equivalency Certificate. However, certain remedies under the Act are available to Transport Canada in this eventuality.

These include:

1. detention of dangerous goods and consequently the means of containment containing them (subsection 17(1));

2. detention of the means of containment whether full or empty
(subsection 17(1));

3. directions not to import the means of containment or to return them to origin

(subsection 17(3));

4. inspectors' directions (section 19);

5. directions to importers of the means of containment to issue notices of defective construction or recall (subsection 9(2)); and

6. revocation of the Equivalency Certificate, thereby making any use of the means of containment an offence (subsection 31(6)).

If none of the foregoing are adequate, Protective Directions may be issued to prohibit or to control the use of the means of containment (section 32).



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Date modified:
2017-06-19