u.s. DEPARTMENT OF TRANSPORTATIONRECEIVED 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

JAN 1 !l Zat4 

HEARING DOCKET 

In the Matter of: FAA DOCKET No. Not Assigned 

ABO Supply LLC 

Respondent 

FAA Case No.2012SW700236 

(Civil Penalty Action) 

FDMS No. FAA-2013-0713 

COMPLAINANT'S MOTION FOR DECISION 

NOW COMES the Federal Aviation Administration (hereinafter 

"FAA") pursuant to Rule 218(5) of the Rules of Practice in FAA 

Civil Penalty Actions, 14 CFR § 13.218(5). Complainant hereby 

moves the Court for an Order granting a Motion for Decision in 

favor of the Complainant, because there are no genuine issues as 

to material facts and the Complainant is entitled to a Motion 

for Decision as a matter of law. In support of this Motion, the 

Complainant states the following: 

I. INTRODUCTION 

Jurisdiction to hear this complaint is predicated upon the 

Federal hazardous material law, 49 U.S.C. 5123(a) and the 

hazardous material regulations that are promulgated pursuant to 

this statute. On August 5, 2013, the Federal Aviation 

Administration filed its complaint against ABO Supply, LLC ("ABO 

Supply"). On September 3, 2013, ABO Supply through its attorney 

filed its answer pursuant to 14 CFR § 13.209(a). 

The complaint alleges that ABO Supply violated various 

sections of the Hazardous Material Regulations ("HMR") 49 CFR 

Parts 171-178 when it offered an undeclared shipment of 

hazardous material aboard an aircraft for transportation by air. 

The Federal Aviation Administration ("FAA") seeks a civil 

penalty of $54,000.00 for violation of the hazardous material 

regulations stated in the complaint. This motion should be 

granted in its entirety because ABO Supply's actions violate the 

hazardous material regulations and pose a serious threat to air 

safety. 
II. BACKGROUND 

On or about June 14, 2012, Yemen LNG Company, LTD 

("Yemen LNG"), 1Balhaf Plant, P.O. Box 15347, Sana' a Yemen 

ordered two bottles of Acetonitrile, optima from Gulf Industrial 

Supply FZE, ("Gulf Industrial Supply") PO Box 263013, Jebel Ali 

Free Zone, Dubai United Arab Emirates. This order is reflected 

in the Pro Forma Invoice N° 007163, attached and marked as 

exhibit A. Gulf Industrial Supply is a sister company to 

Respondent, ABO Supply. Gulf Industrial Supply forwarded the 

order to ABO Supply in Houston, Texas. 

On or about August 7, 2012, the respondent, ABO Supply, 

purchased two bottles of the Acetonitrile Optima from Fisher 

Scientific. The document for this purchase is Exhibit B, 

attached. The Acetonitrile arrived at ABO Supply via ground 

service UPS. The shipment was received into ABO's warehouse 

unmarked and unlabeled. ABO Supply sold the Acetonitrile to its 

sister company Gulf Industrial Supply in Dubai, United Arab 

Emirates. 

III. ISSUES 

(1) Whether ABO Supply's actions constitute a violation of 

the Hazardous Material Regulations ( "HMR'') 49 CFR Parts 

171-178 when it offered a package containing an 

undeclared hazardous material, specifically Acetonitrile, 

3, UN1648, PG II to Emirates Airlines, (Airbill Number 

17632209940) for air transportation in commerce from 

Houston, Texas to Sana'a, Yemen. 

(2) Whether a civil penalty of $54,000.00 is appropriate for 

the facts and circumstances of this case. 

IV. STATEMENT OF MATERIAL FACTS TO WHICH THERE IS NO GENUINE 

DISPUTE 

1. Complainant admits that ABO Supply is a "small business 

entity" as that term is utilized in Order 2150.3B, FAA 

Compliance and Enforcement Program, Appendix C, Sanction 

Guidance Hazardous Materials Enforcement, Paragraph 5. 

V. STANDARD FOR MOTION FOR DECISION 

Rule 218(5) of the Rules of Practice in FAA Civil Penalty 

Actions, Motion for Decision, 14 CFR § 13.218(5) is patterned 

after the summary judgment procedure set forth in Rule 56 of the 

2 
Federal Rules of Civil Procedure. Debra Paris v. VA, EEOC 

Document No. 01953377 (1997). In Paris the court explained that: 

The United States Supreme Court has stated that 

summary judgment is appropriate where the adjudicator 

determines that no genuine issue of material fact 

exists, as governed by the applicable substantive law. 

Anderson v. Liberty Lobby, Inc., 466 U.S. 242, 255 

(1986). An issue is genuine if the evidence is such 

that a reasonable fact-finder could find in favor of 

the non-moving party. Oliver v. Digital Equip. Corp., 

846 F.2d 103, 105 (1st Cir. 1988). (Paris, at p. 2). 

The party opposing summary judgment may not merely allege in a 

general or conclusive fashion that issues of fact exist or might 

exist. Fed. R. Civ. P. 56(e); Bragg v. Navistar Int'l Transp. 

Corp. r 164 F. 3d 373, 378 (7th Cir. 1998). Instead, to avoid 

summary judgment, the non-movant must set forth "specific facts 

showing that there is a genuine issue for trial." Fed. R. Civ. 

P. 56(e); Beck Oil Co., Inc., v. Texaco Ref. & Mktg., 25 F. 3d 

559, 561 (7th Cir. 1996). "A dispute about a material fact is 

'genuine' only if a reasonable jury could render a verdict for 

the non-moving party 'if the record at trial were identical to 

the record compiled in the summary judgment proceeding. '" 

Griffin v. City of Milwaukee, 74 F. 3d 824, 827 (7th Cir. 1996). 

As further explained below, there are no genuine issues of 

material fact in this case that need to be decided by a fact 

finder and motion for decision should be granted in favor of the 

Federal Aviation Administration ("FAA"). 

VI. ANALYSIS: LIABILITY 

Do ABO Supply's actions constitute a violation of the 

Hazardous Material Regulations ("HMR'') 49 CFR Parts 171-178 when 

it offered a package containing an undeclared hazardous 

material, specifically Acetonitrile, 3, UN1648, PG II to 

Emirates Airlines, (Airbill Number 17632209940) for air 

transportation in commerce from Houston, Texas to Sana'a, Yemen? 

Yes. The following analysis will explain the basis for the 

FAA's conclusion. 

ABO Supply Knowingly Offered Hazardous Material into air 

Commerce 

ABO Supply, LLC located in Houston, Texas is the American 

subsidiary of NUM R.S, its parent company located in St. 

Christophe, France. One of the company's missions is to provide 

3 
freight forwarding to all destinations. ABO Supply claims that 

it contracts out its shipment of hazardous materials. Even if 

ABO Supply contracts its hazardous materials to a third party 

for shipment, it qualifies as business entity that regularly 

offers, accepts, or transports HAZMAT under the U.S. Department 

of Transportation Federal Aviation Administration National 

Policy Order 2150.3B. Its warehouse personnel have a duty to 

inspect all shipments to prevent HAZMAT from placement in the 

stream of commerce. ABO Supply employees failed to conduct this 

duty on or about August 8, 2012. 

DHL Express shipment waybill number 4564429730 shows ABO 

Supply is the shipper. (See Exhibit C, attached). The 

description of the contents lists "QTY:2 ACETRONITRILE OPTIMA 1 

LITER". Ignacio Jose Aurrecoechea, a sales representative for 

ABO Supply signed the shipper's agreement declaring that the 

shipment did not contain hazardous material. However, on a 

subsequent letter by Ignacio Jose Aurrecoechea, Sales 

Representative/Representante Comercial to Mr. Lukasz 

Kazimierczak at DHL admits he knew the material was hazardous 

material prior to placing it into commerce. (See Exhibit D, 

attached) . 

The Emirates Cargo International air waybill number 

32209940 lists the shipper as "Bridgeway Trading LLC, FOR: 

ABO SUPPLY, 11201 GREENS CROSSING BLVD, HOUSTON, STE 800, TX 

77067 UNITED STATES". (See Exhibit E, attached). Because ABO 

Supply failed to inform DHL the shipment containing Acetonitrile 

was hazardous, the material was listed on the air waybill as 

"PILOT CONTROL VALVES//SLAC-2". In addition, the Cargo 

Manifest, dated August 15, 2012 lists the shipper as "BRIDGEWAY 

TRADING LLC, ATTN FOR: ABO SUPPLY, ADR: 11201 GREENS CROSSING 

BLVD, HOUSTON, STE 800 TX 77067 UNITED STATES". The Cargo 

Manifest lists the shipment as "2 PIECES (S.L.A.C.)" instead of 

two one liter bottles of Acetonitrile which is a hazardous 

material. (See Exhibit F) . 

The Shipment Contained Hazardous Material 

On August 8, 2012, Ignacio Jose Aurrecoechea, a sales 

representative for ABO Supply offered DHL Express "QTY:2 

ACETONITRILE OPTIMA 1 LITER". DHL Express shipment waybill 

number 45 6442 9730 is signed by Ignacio Jose Aurrecoechea 

declaring this material was not hazardous material. (See 

Exhibit C). In a subsequent letter to DHL, Ignacio Aurrecoehcea 

informed Mr. Lukasz Kazimierczak at DHL that he knew the 

material was hazardous prior to the shipment. (See Exhibit D). 

4 
The Material Data Safety Sheet (~MSDS") identifies the transport 

information on page 6 UN-No UN1648, Proper Shipping Name 

ACETONITRILE, Hazard Class, 3, Packing Group II. The MSDS also 

states the flashpoint of Acetonitrile is 35.6° F. (See Exhibit 

G, attached) . 

Respondent offered the hazardous material to an Air Carrier 

The air waybill by Emirates Cargo International shows the 

shipper is Bridgeway Trading LLC, FOR: ABO SUPPLY, 11201 GREENS 

CROSSING BLVD, HOUSTON, STE 800 TX 77067, UNITED STATES. The 

issuing carrier's agent is DHL GLOBAL FORWARDING. The 

consignee's name is YEMEN LNG COMPANY LTD, ADBHAN BUILDING 

HADDAH STREET, PO BOX 15347 SANA'A REPUBLIC OF YEMEN. (See 

Exhibit E, attached). In addition, the Discrepancy Report for 

Non-Declared Hazardous Material, prepared by Emirates Cargo 

Manager, John Brown, indicates that the hazardous material was 

discovered in Dubai, United Arab Emirates. Moreover, this 

document lists the shipper as ~Bridgeway Trading LLC (for ABO 

Supply), 11201 Greens Crossing Blvd., Suite 800, Houston TX 

77067. This document also lists the Freight Forwarder's name 

and address as ~DHL Global Forwarding, 19120 Kenswick Drive, 

Humble TX 77338. In short, the Discrepancy Report for NonDeclared Hazardous Material demonstrates this shipment was 

offered for transportation in air commerce from Houston, Texas 

to Sana'a, Yemen. 

The Shipment was Undeclared 

In the Discrepancy Report for Non-Declared Hazardous 

Material prepared by John Brown, an Emirates SkyCargo manager 

the report states in part: 

"This shipment was accepted by Emirates SkyCargo as 

screened Cargo from DHL Global Forwarding under the TSA's 

CCSP (Certified Cargo Screening Program). We moved it on 

EK212/19Aug, IAH-DXB (Dubai). Shipment was screened again 

at DXB and upon physical inspection one package was noted 

to have glass bottles with DG markings (UN1648). 

Hazmat documentation was not provided to Emirates at the 

time of tender. There were no exterior markings on the 

boxes to in~icate hazmat was inside." 

Moreover, Ignacio Aurrecoechea, a sales representative from ABO 

Supply, knowingly put the hazardous material in commerce by 

5 
signing the DHL Express Shipment Waybill. His signature 

indicates no hazardous material was present in the shipment. 

VII. ANALYSIS: CIVIL PENALTY 

A civil penalty of $54,000.00 is appropriate for the facts and 

circumstances of this case. "In determining the amount of the 

penalty, the decisionmaker must consider the 'nature, 

circumstances, extent and gravity of the violation,' and with 

respect to the violator, 'the degree of culpability, any history 

of prior violations, the ability to pay, and any effect on the 

ability to continue to do business,' and 'other matters that 

justice requires'" (49 U.S.C. § 5123(c)) . 1 

ABO Supply is registered as a limited liability 

corporation. It is a subsidiary of a foreign parent company NUM 

RS, located in Cergy, France. An ABO Supply company brochure 

obtained by the FAA Special Agent during the investigation 

describes the services of ABO Supply. The services it provides 

are as follows: 

• Purchasing 

An international buying network to arbitrate on stock, 

currency, and price list; 

• Logistics 

ABO Supply provides a team of storekeepers to control and 

group the orders; 

• Packaging 

Integrated Industrial packaging company; 

• Transit 

Freight forwarding to all destinations. 

During the investigation, it was discovered that the company 

contracts its hazardous material services to a third party. 

Based on this admission, the FAA treated ABO Supply under the 

hazardous material sanction guidance matrix as a business entity 

that regularly offers, accepts, or transports hazmat. This 

shipment was classified as an undeclared shipment within hazmat 

quantity guidelines. 

1 Husky Corporation, FAA Order No. 2010-8 (June 16, 2010) at p.13. 

6 
The undeclared hazardous material shipment by ABO Supply 

did not have: 

• Shipping Papers 

• Labeling 

• Marking 

• Packaging 

• Training 

• Emergency Response Information 

Although ABO Supply has no violation history, the company denies 

any responsibility. Secondly, it has not implemented any 

immediate corrective action. Furthermore, the sales 

representative for ABO Supply offered the Acetonitrile without 

attempting to ship it properly. This product is very flammable 

because it has a flashpoint of 36°F. Moreover, the flight was 

traveling from Houston, Texas to Sana'a, Republic of Yemen. Had 

a fire occurred on board the aircraft, the crew would not be in 

a position to land the aircraft in a safe location. 

CONCLUSION 

In short, by offering an undeclared shipment in air 

commerce, ABO Supply violated the hazardous material regulations 

pertaining to shipping, labeling, marking, packaging, training 

and emergency response. These actions pose a serious threat to 

the air transportation system in America. In weighing the 

totality of facts and circumstances, a civil penalty of no less 

than $54,000.00 is warranted. Based on the above-stated 

evidence, the Complainant requests that the Administrative Law 

Judge enter an Order against ABO Supply for each and every 

regulatory violation cited in its Complaint and assess a civil 

penalty against ABO Supply for $54,000.00. 

7 
Respectfully submitted this gili day of January 2014. 

ERIC E. ANDERSON 

Regional Counsel 

Southwest Region 

/ 

/~ ,(,1 I 

By, -~~·,:;=:Ut/f~''c-JL£1-"---'l"'dt:~. ·=lu='/=x~.d+-­ James Archier, Agency Attorney 

(817) 222-5074 

8 
CERTIFICATE OF SERVICE 

Re: ABO Supply, LLC, FAA Case No. 2012SW700236 

I hereby certify that on this date, I have sent via Federal 

Express an executed original and one copy of the Agency's Motion 

For Decision addressed as follows: 

Federal Aviation Administration 

Attention: Hearing Docket, AGC 430 

600 Independence Avenue, SW 

Washington DC 20591 

Wilbur Wright Building-Suite 2W1000 

Washington, DC 20591 

(original plus one copy) 

(Federal Express) 

I further certify that on this date, I have sent via 

Federal Express a true copy of the Agency's Motion For Decision 

addressed as follows: 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

Attn: Room E11-310 

Department of Transportation 

1200 New Jersey Avenue, S.W. 

Washington, DC 20590 

FAX: (202) 366-7536 

(Federal Express) 

I further certify that on this date, I have sent via 

Federal Express a true copy of the Agency's Motion For Decision 

addressed as follows: 

E-mail 

TEL: (713) 932-1540 

FAX: (713) 932-1542 

Mr. Scott L. Johnston 

Attorney at Law 

Givens & Johnston, PLLC 

Counselors at Law 

950 Echo Lane, Suite 360 

Houston, Texas 77024-2788 

sjohnston@givensjohnston.com 

9 
B~":·-J£tb1 /<J9cfues Archier, ~' Agency Attorney 

/" (817) 222-5074 t:-/_/.~ 

January 9, 2014 

10 
• Gl: 

Te:l; <-911 04 S3 60 353 

Fa~;; +971 04 38 6-3 063 

YEMEN LNG COMPANY LTD . 

lBALHAF PLANT 

P.O. BOX 15347 

SANA'A 

YEMEN 

Your request: 10018166 

File: 

June, the 14th 2012 

PRO FORMA INVOICE No 007163 

It en Qty Description Unit price 

1 2 Acetonnitrile, optima, 264.00 

amber glass, 11 ecosafpak 

Part No. A-996-1 

Manufacturer: Fisher Scientific. 

**PLEASE NOTE ITEM I IS HAZARDOUS MATERIAL .. HAZAROUS . PACKING OR DGD ARE NOT INCLUDED IN OUR OFFER , ATTACHED 

MSDS FOR YOUR REFERENCE** 

2 I INLAND FREIGHT 60.55 

LEAD TIME : 3-4 WEEKS 

VALIDITY : 11/07/2012 

Total price 

528.00 

60.55 

TOTAL AMOUNT EXW HOUSTON USA IN USD 588.55 

Lead time excluding transport unless otherwise stated 

PAYMENT TERMS: 30 Days end of month 

Many thanks for your enquiry, 

We hope to have fulfilled your requirements, 

Kind regards, 

SUZANNE ABDEL-HAKIM Tel: +971 488 60 333 Email: suzanne .abdelhakim@gulf-industrial.com 

GOVERNMENT 

EXHIBIT 

A 

MAIL ADDRESS : PO Box 263013 Jebel Ali Free Zone Dubai United Arab Emirates 

Offices: FZS2AA03, Jebel Ali Free Zone, South Zone, Dubai UAE -- License Number: 11739 
D-ac. Number 

7653 08/07/2012 

Customer PO#. LCAYE7163/01 

Contact 

Phone 

Ignacio Aurrecoechea 

+1 713 482 2060 

Fax +17134822061 

I 

SOLD TO: 

Gulf Industrial Supply, FZE 

DUBAI, UAE 

SHIP TO: 

Danzas AEI Emirates LLC 

Jebel Ali, (South) 

Dubai, UAE 

Email CONSIGNEE: 

2 

A996-1 ACETONITRILE OPTIMA 1L 

Item Code: 116927 

oMM!!(~ :.FJShlER.S,f;J<NTIFIC PIN A996-1 

RG ... IF IJllind Freight {Group) 

HS CODES: 

3822.00.0002-

ECCN: EAR99 

NLR: NO LICENSE REQUIRED 

Origin: United States of Anierica 

1 Box~11"x7"x13"-7Lbs 

~ GOVERNMENT ~ EXHIBIT 

B 

2 EA 

1 FEE 

YEMEN LNG COMPANY L TO 

Balhaf Rodhoom District 

Shabwah, Yemen 

LCAYEJ163/01 204.32 

LCAYE7163/01 46.85 

ABO Supply UC 

11201 Greens Crossing Blvd. 

SuiteBOO · 

Houston, TX 77007 

408.64 

46.85 

I -----···----·-··-------·-·-··-······--·····--···--·---~---.11111111 .... 111111111111111111111111111111 ... 11111111 ..... 11111111. ~--·- ···-·-----··---·-·---··---·---·-··--···-···--··------·--

ABO Supply, LLC 

11201 Greens Crossing Blvd., Suite 800 

77067 Houston, TX • USA 

ORIGINAL 

Phone: 

Fax: 

Web site 

+1-713-482-2060 

+1-713-482-2061 

VNVW.abosupply.com 
0 £XFRESS n;OO 

0 !'.X~I\~~s IU.~~ 

0 ~)(PRESS l~W 

~liiii"""'~l§~we-;;;32;""';;t;;;;;f,;)L::J~"}~t1~L----t•~~l!!~~!!!ll~~'!!!!~~~~~~·!lll!!!!l~!!l!ll~DEXPRESSIWOAlOWI?O 

persori 

GOVERNMENT 

EXHIBIT 

c 
) 

DHL 

Lukasz Kazimierczak 

This letter is to inform you that ABO Supply, located in Houston Texas sold 

a "HAZMAT MATERIAL" to our sister company GIS located in Dubai. It was our 

understanding that the client was going to take care of all the DGD Packing and 

documentation, per Gl$'s notification -... As the client will take care of the DGD 

and Hazmat packina ... - For this reason we didn't notify that the material was 

HAZMAT. It is important to mention that it was not our in.tention to ship this 

material without notifying that· it was a "HAZMAT", we jusJ: thought our 

counterpart was going to do so. Again we apologize for not informing you about 

this shipment. 

If I may be of any further assistance please do not hesitate to contact me at your 

convenience. 

~ :S ~~1R \ ( 

Ignacio Jose Aurrecoechea 

Sales Representative I Representante Comercial 

ABO Supply 

11201 Greens Crossing Blvd., Ste 800- Houston, Texas 77067 

Email: lgnacio@abosuooiy.com \ P: 713 482 2060 I F: 713 482 2061 

skype: lgnacio_ABO 

www.abosuoply.com 

§ GOVERNMENT 

g EXHIBIT I D 

ABO Supply LLC 

11201 Greens Crossing Blvd. 

Suite 800 

Houston, TX 77067 

ORIGINAL 
ilCIIAH]32209940 ) IC IAH 0745 svc CDE: !C 176 -3ZL ''l 

SHIPPER'S NAME AND ADDRESS 'l~ SHIPPEF() ACCOUNT NUMBER -I\ ..11 ·o1EGOTIABLE ISSUED BY, 

1--- BRIDGEWAY TRADIN I;LC . - - AIR WAYBILl:. "-- ---" ------ -~ -ll~~~~l~lll~ll!l~~~~~~~~~~~t FOR: ABO SUPPLY EMIRATES CARGO INTERNATIONAL 

11201 GREENS CROSSING BLVD 147-29 182Nil STREET 

HOUSTON, STE BOO TX 77067 SPRINGFIELD GARDENS, NY 11413 

UNITED STATES Copies 1, 2 and 3 of this Air Waybill are originals and have the same validity. 

CONSIGNEE'S NAME AND ADORE~ CONSIGNEE'S ACCOUNT NUMBER It is agreed ltlat lhB good• doscnbed horoin ate ac.:eptod ;n apparent goo<t order and OQt>ditioo ["'<cept as n~od) le< carriago SUBJECT TO TtiE 

YEMEN LNG COMP LTD CONDITIONS OF CCffiRACT ON 1l-IE R!OVIORSE HelEOf- ALL GOODS MAY BE CAARIED BY ANY OTHER MEANS INCLUDING ROI'D OR ANY 

GJHER CAARIIOR UNLESS SPECIFIC COI>lii<ARY INSTRUCTIONS AAE GIVEN HEREON BY 11-€ SHIPI'ER. AN() SHIPPI:R AGREES TI-IAT THE 

SHIPMS>ITWIY BE CARRIED VIA li'ITERMSJIATE STOPPING PLACES WHICK TI-lE CAARIER D~ APPRa>RJATE- TI-<E SHIPI'ER'SATTENTJON 

ADBHAN BUILDING IS DRAWN TO lHI'O NOTICE CONCERNING CARRIER'$ LIMlTATION OF LLOSILITY Shipper may increase su:h ~milation ol liabi~ty by declaring a 

!ligllorvaluolor c..-ri"ff<' ""~paying a •upplomonlal chargolfrequir'"' 

HADDAH STREET, PO BOX 15347 

SANA'A 

REPUBLIC OF YEMEN 

ISSUING CARR_IER'S AGENT NAME AND CITY ACCOUNTING INFORMATION 

DHL GLOBAL FORWARDING KNOWN CUSTOMER 

IAH TSA IAC CERT# SE0412006 NTFY: ARAB TRADING COMPANY LTD 

CDHL GLOBAL FWD ) DANZAS YEMEN ATCO BLDG. AGENT'S lATA CODE I ACCOUNT NO_ PO BOX 3617, ZUBEIRI STREET 

3351595/0020 SANAA. REP. OF YEMEN AIRPORT OF DEPARTURE (ADDR OF FIRST CARRIER) AND REQUESTED ROUTING ATTN: OTHMAN AHMED 

HOUSTON, TX . 

R IN A STNA I Curren c wrNAL ""'& DEClARED VAlUE FOR CAARIAGE r;: VAl.LHOR CUSTOMS 

TO : ' : BY FIRST CARRIER ITO BY <Fa BY 

DXB EK · SAH EK USD )rr X '~lx'l " MIF AIRPORT DESTINATION F AR u ON AMOUNT OF INSURANCE ::s:;.c~.;~~(~:~~~=u~;:·;=:~~:";u":.•~,~~=:~~~';~~~~tioo I FLIGHT/DATE FLIGHT/DATE 

SANAA 212 /19 961 21 

HANDLING INFORMATION_ TEL#: +9671 438779 I FAX#: +9.671 438537 

ATTN: NABIL AL-RAMISI 

These commodities technolo Or software were exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to U S law prohibited 

NO. OF GROSS kg RATE CLASS CHARGEABLE 

~ NATURE AND QUANTITY OF GOODS 

PIECES TOTAL WEIGHT lb COMMODITY WEIGHT CHARGE (INCL. DIMENSIONS OR VOLUME) 

RCP ITEM 0 

2 23.5 ~ f4702 45.0 11.38 512.10 PILOT CONTROL VALVES 

//SLAC-2 

.. 

2 23.~ 512.10 . 

\PREPAID / \.WEIGHT CHARGE \ COLLECTj Other Charges 

512.10 p sec 2.82 p MYC 19.97 

\ VALUATION CHARGE J . I 

\ TAX J 

\ TOTAL OTHER CHARGES DUE AGENT J Shipper certifies that the particulars on the face hereof are correct and that insofar as any part of the consignment 

contains dangerous goods, such part is properly described by name and is in proper condition for carriage by 

\ TOTAL OTHER CHARGES DUE CARRIER I air accordillg to the applicable Dangerous Goods Regulations. 

o, 

22.79 DHL GLOBAL F?RW~ING 

LUKASZ KAZIMIERCZAK • ·, / - ·:;~-- .- .... _ ........... 

Sionature of. hi e hrs A ent -- \TOTALPREPAID I , \TOTAL COLLECT J DHL GLOBAL FWD AS AG~'il, FOR CARRIER 

534.89 EMIRATES CARGO INTERNATtbNAL \CURRENCY CONVERSION RATESj CC CHARGES IN DEST CURRENCY 15AUG12 HOUSTON., TX DHL GLOBAL FWD Executed on (Date) " (Place) Signature of Issuing Carner or its Agent 

---· FOR CARRIER USE ONLY CHARGES AT DESTINATlON/ \TOTAL COLLECT CHARGES/ 176 -32209940 AT DESTINATION 

~ 

COPY 9 (FOR AGENT) 

GOVERNMENT 

EXHIBIT 

E 
-~ARGO MANIFEST-- - ---- --------- -- ~- FINAL REPRINT 

AIRLINE: EMIRATES CARGO INTERNATIONAL 

212 19 

FLIGHT NO.: 961 21 DATE: 15AUG12 

DEPARTURE STATION: IAH 

MASTER AIR WAYBILL NO.: 17 6 PAGE I C NO.: IAH 

HAWS# 

5DH0199 

1 

DATE PCS. 

13AUG12 2 

IAH 

2 SLAG 

CONTROL VALVES 

CUSTOMER 

S CROSSING !3LVD 

E BOO TX 77067 

s 

WEIGHT 

23.5 

CNS: 

TTN 

R: 

DEST. CUSTOMS 

SAH AES 

G COMPANY 

BUILDING 

STREET, PO 

C OF YEMEN 

HAWES · 2 * GRAND TOTALS * 

2 PIECES (S.L.A.C) 

23.5 KGS 

THIS SH PMEN IS COVERED UNDER~ 176 220 940 

G AND REVENUE PURPj~ES ONL 

181612 15AUG12 ~HLXK 

FOR ACC UNTI . D CS ATT. 

74591 

COLLECT 

L 

B X 15347 

.00 

.00 

L_ ____ _L ___ L_____t-----1 ~ GOVERNMENT I ~ EXHIBIT f-L~--'--L-~-~-.L--~ _ _j 

I F 
Fisher Scientific 

Part of Thermo Fisher Scientific 

Material Safety Data Sheet 

Creation Date 16-Jun-2009 Revision Date 09-Sep-2011 Revision Number 2 

Product Name 

Cat No. 

Synonyms 

Recommended Use 

Company 

Fisher Scientific 

One Reagent Lane 

Fair Lawn, NJ 07410 

Tel: (201) 796-7100 

Acetonitrile 

A21-1; A21-4; A21-20; A21-200; A21-200LC; A21FB-19; A21FB-50; 

A21FB-115; A21FB-200; A21RB-115; A21RS-19; A21RS-2B; A21RS-50; 

A21RS-115; A21RS-200; A955; A955-1; A955-4; A955-212; A955-500; 

A993-1; A993RS-19; A996-1; A996-4; A996-4LC; A996N2-19; A996RS-2B; 

A996RS-50; A996RS-115; A996RS-200; A996SK-4; A996SS-19; A996SS2B; A996SS-50; A996SS-115; A996SS-200; A997-1; A997-4; A997-212; 

A997SK1; A997$K4; A99B-1; A99B-4; A99B-4LC; A99B-18; A99B-212; 

A99BN1-19; A998N2-19; A998POP-50; A998RS-19; A99BRS-28; A998RS50; A998RS-115; A998RS-200; A998SK-1; A998SK-4; A99BSS-28; 

A998SS-50; A99BSS-115; A998SS-200; A999-4; BP1165-50; BP1170-4; 

BP1170-450; BP1170N1-19; BP1170N2-19; BP1170POP-20; BP1170POP50; BP1170POP-200; BP1170RS-19; BP1170RS-2B; BP1170RS-50; 

BP1170RS-115; BP1170RS-200; BP1170RS-1350; BP1170SS-50; 

BP1170SS-115; BP1170SS-200; BP1170SS-1350; BP2405-1; BP2405SK-

. ------1; BP2405SK-4; BP2600-101Ji-L-GMSKI"P,-eP'FIMAKf"IIT~-

Methyl cyanide; Ethanenitrile 

(Anhydrous/Certified ACS/HPLC/Pesticide/Septum-Sealed/DNA Synthesis/OPTIMA LCIMS) 

Laboratory chemicals 

Emergency Telephone Number 

CHEMTREC®. Inside the USA 800-

424-9300 

CHEMTREC®. Outside the USA: 001-

703-527-3887 

Page 1/9 

~ GOVERNMENT ~ EXHIBIT 

I G 
Thermo Fisher Scientific -Acetonitrile Revision Date 09-Sep-2011 

Emergency Overview 

Flammable liquid and vapor Harmful by inhalation, in contact with skin and if swallowed. Irritating to eyes. May cause 

skin and respiratory tract irritation. May cause central nervous system effects. Liver and kidney injuries may occur. 

Colorless 

Target Organs 

Potential Health Effects 

Acute Effects 

Principle Routes of Exposure 

Eyes 

Skin 

Inhalation 

Ingestion 

Chronic Effects 

odor aromatic 

Central nervous system (CNS), Respiratory system, Kidney, Liver, Eyes, Skin 

Irritating to eyes. 

Harmful in contact with skin. May cause irritation. May be metabolized to cyanide which -In turn 

acts by inhibiting cytochrome oxidase impairing cellular respiration. 

Harmful by inhalation. Inhalation may cause central nerJous system effects. May cause 

irritation .. May be metabolized to cyanide which in turn acts by inhibiting cytochrome oxidase 

impairing cellular respiration. 

Harmful if swallowed. May cause central nervous system effects. I ngesflon may cause 

gastrointestinal irritation, nausea, vomiting and diarrhea. Metabolism may release cyanide, 

which may result in headache, dizziness, weakness, collapse, unconsciousness, and possible 

death. 

Tumorigenic effects have been reported in experimental animals .. Experiments have shown 

reproductive toxicity effects on laboratory animals. May cause adverse liver effects. May cause 

adverse kidney effects. Exposure to small amounts of cyanide compounds over long periods of 

time is reported to cause loss of appetite, headache, weakness, nausea, dizziness, and 

_______ _jrritatian..offue..upp.euespiratocy tract.and--eyes, 

See Section 11 for additional Toxicological information. 

Aggravated Medical Conditions 

Haz/Non-haz 

Com anent 

Eye Contact 

Skin Contact 

Inhalation 

Central nervous system disorders. Kidney disorders. Liver disorders. 

CAS-No Wei ht% 

Rinse immediately with plenty of water, also under the eyelids, for at least 15 minutes. 

Immediate medical attention is required. 

Wash off immediately with plenty of water for at least 15 minutes. Immediate medical attention 

ls required. 

Move to fresh air. If breathing is difficult, give oxygen. Do not use mouth-to-mouth resuscitation 

if victim ingested or inhaled the substance; induce artificial respiration with a respiratory 

medical device. Call a physician or Poison Control Center immediately. 

Page 2/9 
Thermo Fisher Scientific -Acetonitrile Revision Date 09-Sep-2011 

Ingestion 

Notes to Physician 

Flash Point 

Method 

Autoignition Temperature 

Explosion Limits 

Upper 

lower 

Suitable Extinguishing Media 

Unsuitable Extinguishing Media 

Hazardous Combustion Products 

Do not induce vomiting. Cal! a physician or Poison Control Center immediately. 

Treat symptomatically_ 

2"C I 35.6"F 

No information available. 

525"C I 977"F 

16 val% 

3 val% 

C02, dry chemical, dry sand, alcohol-resistant foam. Cool closed 

containers exposed to fire with water spray. 

Water may be ineffective 

No information available. 

Sensitivity to mechanical impact 

Sensitivity to static discharge 

No information available. 

No information available. 

Specific Hazards Arising from the Chemical 

Flammable. Vapors may form explosive mixtures with air. Vapors may travel to source of ignition and flash back. Containers may 

explode when heated. 

Protective Equipment and Precautions for Firefighters 

As in any fire, wear self-contained breathing apparatus pressure-demand, MSHA/NIOSH (approved or equivalent)-~'":~~ f~jl_Q!"otectiv~ _ 

gear;~---hermal-decompusltion canie:a<:1-nnetease offh'itatfng gases-ana-·vapors. ---- -

NFPA Health 2 

Personal Precautions 

Environmental Precautions 

Methods for Containment and Clean 

Up 

Handling 

Flammability 3 Instability 0 Physical hazards N!A 

Wear self-contained breathing apparatus and protective suit Remove all sources of ignition. 

Evacuate personnel to safe areas. Keep people away from and upwind of spill/leak. Take 

precautionary measures against static discharges. 

Should not be released into the environment. 

Remove all sources of ignition. Soak up with inert absorbent material. Keep in suitable, closed 

containers for disposal.. Use spark-proof tools and explosion-proof equipment Take 

precautionary measures against static discharges. 

Use only under a chemical fume hood. Use explosion-proof equipment Use only non-sparking 

tools. Keep away from open flames, hot surfaces and sources of ignition. Take precautionary 

measures against static discharges. Do not get in eyes, on skin, or on clothing. Do not breathe 

vapors or spray mist. 

Page 3/9 
Thermo Fisher Scientific -Acetonitrile Revision Date 09-Sep-2011 

Storage 

Engineering Measures 

Exposure Guidelines 

Component 

Acetonitrile 

Component 

Acetonitrile 

Keep tightly closed in a dry and cool place. Keep away from heat and sources of ignition. 

Protect from moisture. Flammables area. 

Use only under a chemical fume hood. Use explosion-proof 

electrical/ventilating/lighting/equipment. Ensure that eyewash stations and safety shovvers are 

close to the workstation location. 

-- ACGIH TLV OSHA PEL NIOSH JDLH 

TWA 20 ppm (Vacated) TWA: 40 ppm IDLH: 500 ppm 

Skin (Vacated) TWA 70 mg/m3 TWA: 20 ppm 

(Vacated) STEL: 60 ppm TWA: 34 mgfm3 

(Vacated) STEL~ 105 mg/m3 

nNA:40 ppm 

TWA: 70 ~0/m3 

Quebec Mexico OEL (TWA) Ontario TWAEV 

TWA; 40ppm TWA:40 ppm TWA: 20 ppm 

TWA: 67 mg/m3 TWA: 70 mg/m3 Skin 

STEL: 60 ppm STEL: 60 ppm 

STEL: 101 mg/m3 STEL: 105 mg/m3 

Ceiling: 1 0 ppm 

Ce!ling: 11 mg/m3 

Skin 

NIOSH IDLH: Immediately Dangerous to Life or Health 

Personal Protective Equipment 

____ __fy_~fa.c~ Prote_c_ti.on 

Skin and body protection 

Respiratory Protection 

Physical State 

Appearance 

odor 

Odor Threshold 

pH 

Vapor Pressure 

Vapor Density 

Viscosity 

Boifing Point/Range 

Melting Point/Range 

Decomposition temperature 

Flash Point 

Evaporation Rate 

Specific Gravity 

Solubility 

log Pow 

Molecular Weight 

_______ Wear appropriate pr:atecthte..e.yeglasses.o~emical safety.-gGggles as--desGFiSed·by 0SHNs--

eye and face protection regulations in 29 CFR 1910.133 or European Standard EN166. 

Wear appropriate protective gloves and clothing to prevent skin exposure. 

Follow the OSHA respirator regulations found in 29 CFR 1910.134 or European Standard EN 

149. Use a NlOSH/MSHA or European Standard EN 149 approved respirator if exposure limits 

are exceeded or if irritation or other symptoms are experienced. 

Liquid 

Colorless 

aromatic 

No information .available. 

No information available. 

97 mbar @ 20 ·c 

1.42 (Air= 1.0) 

0.36 cP at 20 ·c 

81- 82"C /177.8- 179.6"F@ 760 mmHg 

-46"C I -50.8"F 

No information available. 

2"C /35.6"F 

(Butyl Acetate= 1.0) 

0.781 

Soluble in water 

No data available 

41.04 

Page 4/9 
Thermo Fisher Scientific -Acetonitrile Revision Date 09-Sep-2011 

Stability 

Conditions to Avoid 

Incompatible Materials 

Hazardous Decomposition Products 

Hazardous Polymerization 

Hazardous Reactions . 

Acute Toxicity 

Com 

Irritation 

Toxicologically Synergistic 

Products 

Chronic Toxicity 

Carcinogenicity 

Sensitization 

Mutagenic Effects 

Reproductive Effects 

Developmental Effects 

Teratogenicity 

Other Adverse Effects 

LDSO Oral 

2460 m /k Rat 

Irritating to eyes 

No information available. 

Stable under norma! conditions. 

Incompatible products. Keep away from open flames, hot surfaces 

and sources of ignition. Exposure to moisture. 

Strong oxidizing agents, Strong acids, Reducing agents 

Hydrogen cyanide (hydrocyanic acid), Nitrogen oxides (NOx), 

Carbon monoxide (CO), Carbon dioxide (C02) 

Hazardous polymerization does not occur 

None under normal processing. 

LDSO Dermal LCSO Inhalation 

2000 m /k Rabbit 7551 m Rat 8 h 

There are no known carcinogenic chemicals in this product 

No information available. 

Mutagenic effects have occurred in experimental animals. 

Experiments have shown reproductive toxicity effects on laboratory animals. 

Developmental effects have occurred in experimental animals. 

Teratogenic effects have occurred in experimental animals 

Tumorigenic effects have been reported in experimental animals .. See actual entry in RTECS 

for complete information. 

Page 5/9 
Thermo Fisher Scientific -Acetonitrile Revision Date 09-Sep-2011 

Endocrine Disrupter Information No information available 

Ecotoxicity 

Persistence and Degradability No information available 

Bioaccumulation/ Accumulation No information available 

Mobility 

Component log Pow 

Acetonitrile -0.34 

Waste Disposal Methods Chemical waste generators must determine whether a discarded chemical is classified as a 

hazardous waste. Chemical waste generators must also consult local, regional, and national 

hazardous waste regulations to ensure complete and accurate classification. 

Com anent RCRA - U Series Wastes RCRA- P Series Wastes 

Acetonitrile-- 75~os-a-- uoo:r---

DOT 

UN-No UN1648 

Proper Shipping Name ACETONITRILE 

Hazard Class 3 

Packing Group II 

TOG 

UN-No UN1648 

Proper Shipping Name ACETONITRILE 

Hazard Class 3 

Packing Group II 

lATA 

UN-No 1648 

Proper Shipping Name ACETONITRILE 

Page 6 I 9 
Thermo Fisher Scientific -Acetonitrile 

Packing Group 

IMDG/IMO 

UN-No 

Proper Shipping Name 

Hazard Class 

Packing Group 

International Inventories 

Component TSCA 

Acetonitrile T 

Legend: 

X- Listed 

1648 

ACETONITRILE 

3 

II 

DSL NDSL 

X -

EINECS EUNCS NLP 

200-835- -

2 

E -Indicates a substance that is the subject of a Section 5(e) Consent order under TSCA. 

F- Indicates a substance that is the subject of a Section 5(f) Rule under TSCA. 

Revision Date 09-Sep-2011 

PICCS ENCS AICS CHINA KECL 

X X X X X 

N -Indicates a polymeric substance containing no free-radical initiator in its inventory name but is considered to cover the designated 

polymer made with any free-radical initiator regardless of the amount used. 

P- Indicates a commenced PMN substance 

R -Indicates a substance that is the subject of a Section 6 risk management rule under TSCA. 

S - lndicate_s a substa_nce that is ide_!l_tj_fi~tt in a progg5:e_d or final___Signlfic.anLNewlJs_e Rule ___ 

- --T---=--tndfCates a subStanCe that is the subject of a Section _4 test rule under TSCA. 

XU -Indicates a substance exempt from reporting under the Inventory Update Rule, i.e. Partial Updating of the TSCA Inventory Data Base 

Production and Site Reports (40 CFR 710{8). 

Y1 ~Indicates an exempt polymer that has a number-average molecular weight of 1,000 or greater. 

Y2- Indicates an exempt polymer that is a polyester and is made only from reactants included in a specified list of low concern reactants that 

comprises one of the eligibillty criteria for the exemption rule. 

U.S. Federal Regulations 

TSCA 12(b) 

Com onent 

Acetonitrile 

SARA 313 

Component CAS-No 

Acetonitrile 75-05 8 

SARA 311/312 Hazardous Categorization 

Acute Health Hazard Yes 

Chronic Health Hazard No 

Fire Hazard Yes 

Page 7 I 9 

TSCA 12 b 

Section 4 

Weight% 

>95 

SARA 313 ·Threshold 

Values% 

1.0 
Thermo Fisher Scientific -Acetonitrile 

Sudden Release of Pressure Hazard 

Reactive Hazard 

Clean Water Act 

Not applicable 

No 

No 

Revision Date 09-Sep-2011 

Component CWA- Hazardous 

Substances 

CWA -Reportable 

Quantities 

CWA- Toxic Pollutants CWA- Priority Pollutants 

Acetonitrile X 

Clean Air Act 

Component HAPS Data Class 1 Ozone De letors Class 2 Ozone De letors 

Acetonitrile X 

OSHA 

Not applicable 

CERCLA 

This material, as supplied, contains one or more substances regulated as a hazardous substance under the Comprehensive 

Environmental Response Compensation and Liability Act (CERCLA) (40 CFR 302) 

Com onent Hazardous Substances RQs CERCLA EHS RQs 

Acetonitrile 5000 lb 

California Proposition 65 

This product does not contain any Proposition 65 chemicals. 

State Right-to-Know 

co·m · onent New Jerse Penns lvania Illinois Rhode Island 

Acetonitrile X X X X X 

U.S. Department of Transportation 

Reportable Quantity (RQ): N 

DOT Marine Pollutant N 

DOT Severe Marine Pollutant N 

U.S. Department of Homeland Security 

This product does not contain any DHS chemicals. 

Other International. Regulations 

Mexico -Grade Serious risk, Grade 3 

Canada 

This product has been classified in accordance with the hazard criteria ofthe Controlled Products Regulations (CPR) and the 

MSDS contains all the information required by the CPR. 

WHMIS Hazard Class 

82 Flammable liquid 

D1A Very toxic materials 

028 Toxic materials 

Page 8 I 9 
Thermo Fisher Scientific -Acetonitrile 

Prepared By 

Creation Date 

Print Date 

Revision Summary 

Disclaimer 

Regulatory Affairs 

Thermo Fisher Scientific 

Email: EMSDS.RA@thermofisher.com 

16-Jun-2009 

09-Sep-2011 

"***", and red text indicates revision 

Revision Date 09-Sep-2011 

The information provided on this Safety Data Sheet is correct to the best of our knowledge, information and belief at the date 

of its publication. The information given is designed only as a guide for safe handling, use, processing, storage, 

transportation, disposal and release and is not to be considered as a warranty or quality specification. The information 

relates only to the specific material designated and may not be valid for such material used in combination with any other 

material or in any process, unless specified in the text 

.... £nd-of-MSDS 

Page 9 I 9 
~1 6ff Emirates 

Sk\}Carqo 

) 

Discrepancy Report for Non-Declared Hazardous Material 

Report Date: 27 August 2012 

Prepared by: John Brown, Cargo Manager IAH (Ph# 281 443 2975) 

Air Carrier Name: Emirates 

Current Location of the Shipment: Emirates Warehouse in Dubai, UAE (In custody ofDubai Police) 

Subject: Undeclared Hazmat Found in a Cargo Shipment 

Date of Occurrence: 19 August 20 12 

Reference: Air Waybill# 176 32209940 

Shipper's Name and Address: Bridgeway Trading LLC (for ABO Supply), 11201 Greens Crossing Blvd, Suite 

800, Houston TX 77067 

Freight Forwarder's Name and Address: DHL Global Forwarding, 19120 Kenswick Drive, Humble TX 77338 

Nature of Discrepancy: AWB 176 32209940,2 boxes, 23.5 kgs, Houston, Texas (IAH) to Sanaa, Yemen (SAH) 

This shipment was accepted by Emirates SkyCargo as screened cargo from DHL Global Forwarding nnder 

the TSA's CCSP (Certified Cargo Screening Program). We moved it on EK212/19Aug, IAH-DXB (Dubai). 

Shipment was screened again at DXB and upon physical inspection one package was noted to have glass bottles 

with DG markings (UN 1648). 

Hazmat documentation was not provided to Emirates at the time of tender. There were no exterior markings on 

the boxes to indicate hazmat was inside. 

The cargo remains in police custody at DXB. It will not be forwarded to SAH until the shipper or DHL appoints 

an agent to perform proper markings, labeling and documentation. 

Attachments: Emirates receiving station documentation at IAH 

Photos of interior and exterior of both boxes 

Cargo Manager IAH 

Emirates SkyCargo 

~ GOVERNMENT ~ EXHIBIT I H 

Emirates SkyCargo · 19115 Lee Road ·Tower "B" ·Suite 210 ·Humble Texas 77338 · United States of America 

Email: skycargoiah@emirates.com www.skycarqo.com