04/0V201 0 17:4 0 FAX 2024935142 FAA + DMS glOOI/OOB 

& 

U.S. DApQrtnnent 

OT Transportation 

Federal Aviation 

Administration 

New England Region ' ' 

Office of the Regional Counsel 

12 New England Execuiive Park 

Burlington, MA 0180,1-5299 

Telephone. (781)238-/058 

•FAX: (781)238-7055 

March 10,2010 

FACSIMILE & U.S. FIRST CLASS MAIL 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, SW 

Wilbur Wrighl Building, Suite 2W1000 

Washington, DC 20591 

Attention: I Icaring Dockci Clerk, AGC-430 

In the Matter of Hallochein Phaniia Co., Ltd. 

Docket No. CPCaseNo. 2009NE700225 

m 

CPmaoo/ j^0/0" of^i 

Dear Sir or Madam: 

Hnclosed arc an original and oiie copy of the complaint in the above-refeicnced proceeding. 

The FA A requests thai the hearing in this matter be held in Boston, MA, and expects that the 

hearing will last one to two days. 

Please serve all documents in this matter on the undersigned FAA attorney ai 12 New England 

Hxccutive Park, ANE-7, Burlington, Massachusetts 01SO:^. 

Sincerely, 

f > . 

R. BENNEir SARGENT 

Attorney 

Enclosure.';; 

cc: He Xu, Esquire 

President, Hallochem Pharma Co., Lid. 
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U.S. DEPARTMENT OV TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

FKDKRAL AVIATION ADMINISTRATION 

Complainant, 

V. 

HALLOCHEM PHARMA CO., LTD. 

Respondent. 

FAA Case No. 2009NE70022.5 

FAA Docket No. CP 

(Civil Penalty Action) 

Date: March 10,2010 

.TUDGE NOT ASSIGNED 

COMPLAINT 

The Federal Aviation Administration (FAA) hereby files its complaint, under Rule 208 of 

the Rule.'; of Practice in FAA Civil Penally Actions, 14 CFR §13.208, and .states the foltowiiig; 

I. 

Respondent Hallochem Pharma Co., Ltd., was advised through a Final Notice of 

Proposed Civil Penally that the FAA proposed to assess a civil penalty in the amount of $42,000. 

On Febniary 22, 2010, Respondent submitted a written request tor a hearing. 

II. 

1. On or about June 3, 2009, Hallochem Pharma Co., Lid. ("Hallochem") knowingly oilercd 

to FedEx Expre,ss, an air service, an undeclared shipment for transportation by aii ('"the 

shipment"). 

2. The shipmcnl was destined for delivery to Alfa Aesar, 38 Shelley Road, Ward Hill, 

Massachusetts, United States 01 J^35 under International Air Waybill number 

867424772010. 

3. The shipnieni was transported in air commerce on a Federal Rxprcss cargo flight. 

4. At all limes mentioned herein, the shipment was not accompanied by a Shipper's 

Certification or Declaration for Dangerous Goods. 

5. On -lune 9, 2008, ihc shipment was discovered at the Federal Express sort ffLcility locaicd 

in Peabody, Massachusetts because the shipment displayed visible signs of leakage and 

was emitting a strong, pungent odor. 
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6. inspection of the contents of the shipment revealed that it contained two (2) nonspecification white plastic drums weighing approximately 27.2kg. Further inspcciioTi 

revealed: 

a. Attached to one of the plastic drums was one (1) clear plastic envelope containing 

white powder. 

b. The plastic envelope was punctured, leaking the powder and emiiling a very 

strong odor. 

7. The iiroper shipping name for the shipment is Antimony compound, inorganic soiki, 

n.o.s. (antimony (III) acetate). It is in Hazard Class 6.1 (Toxic/Poisonous Materials), is 

a.ssignedto Packing group III and has an assigned idcnlilicalion number of UN 1549 

when offered for transportation in air commerce. 

8. Aiilimony compound, inorganic solid, n.o.s. (antimony (ITI) acetate) is classilled as a 

hazardous material under section 172.101 of the Dcpanment of Transportation Hazardous 

Materials Regulations (HMR) (49 C, F, R. parts 171 et seq.). 

9. Hallochem offered the above-described shipment of hazardous maieriiil for transportaLion 

in comrneree when the material was not properly classed, described, packaged, marked, 

labeled, and in the condition for shipment required by the HMR (49 C.F.R. pans 171,01 

seci.). 

10. Hallochem offered the above-described shipment of hazardous material for transportation 

without properly describing the material on the shipping paper in the manner required by 

the HMR. 

11. Hallochem offered the above-described shipment of hazardous material for transportation 

when the required hazardous malerial description on the shipping paper did not include 

the proper identification number prescribed for the material in Column (4) of the 

§172.101 table (49 C.F.R. § 172.101). 

12. Hallochem offered the above-described shipment of hazardous material for transportation 

when the required hazardous material description on the shipping paper did not include 

the proper shipping name prescribed for the material in Column (2) of the § 172.101 table 

(49 C.F.R. § 172.101). 

13. Hallochem offered the above-described shipment of hazardous material for tran.sporialion 

when the required hazardous material description on the shipping paper did not include 

the hazard class or division number prescribed for the material, as shown in Column (3) 

ofthe §172.101 table (49 C.F.R. § 172.101). 
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14. Hallochem offered the above-described shipment of hazardous material for transportaLion 

when the total quantity ofthe material covered by the description did not appear before 

or after, or both before and after, the description required by subpait C ofthe I iMR. (49 

C.F.R. §§ 172.200 et seq.). 

15. Hallochem offered the above-described shipment of hazardous malerial for transportation 

m air commerce without printing the required certification on the shipping paper as slated 

in §172.204(a)(n or (a)(2) (49 C.F.R. § 172.204(a)(1) or (a)(2)). 

16. Hallochem offered the above-described shipment of hazardous material to an aircraft 

operator for transportation by air and did not provide two copies ofthe required shipper's 

certification. 

17. Hallochem offered the above-described shipment of hazardous material for transportation 

when the package was not marked in a manner required by the 1-1 MR. 

18. Hallochein offered the above-described shipment of hazardous material for tran.sporlation 

and failed to mark the package with the proper shipping name and identification number 

for the material as shown in the §172.101 Table. 

19. Hallochem offered the above-described shipment of hazardous material for Lransi:)orLalion 

when the required markings were not durable, in Hnglish and printed on or affixed to the 

surface ofthe package or on a label, tag or sign. 

20. Hallochem offeied the above-described package containing hazardous material for 

transportation by air when the package was not properly labeled as specified in Section 

172.101 (49 C.F.R. § 172.101). 

21. Hallochem offered the above-described package containing hazardous material for 

transportation by air without making emergency response inibnnation immediately 

available for use at all times the hazardous material was present. 

22. Hallochem offered the above-described shipmeiit of hazardous matenals for 

transportation by air without properly preparing the shipment, 

23. Hallochem offered the above-described shipment of hazardous maicrials Ibr 

transportation and failed to determine if the packaging is an authorized packaging and 

that it has been manufactured, assembled, and marked in accordance with § 173.22(a)(2). 

24. I-lallochem offeied the above-described shipment of hazardous material for tran.<;portaiion 

by air and failed to use a package that was so designed, construelcd, inaiulaiiied. lillcd, 

its contents so limited, and closed, so thai under conditions normally incident to 

transportation, there would be no identifiable release of hazardous material to the 

environment. 
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25. By reason of ihe foregoing facts and circumstances, Hallochem violated the following 

Department of Transportation Hazardous Materials Regulations (Title 49, Part 171 e.t 

seq.. Code of Federal Regulations): 

a. Section 171.2(e) (49 C.F.R. § 171.2(c)), in that Hallochem offered hazardous 

material for transportation in commerce when the material was not properly 

classed, described, packaged, marked, labeled, and in the condition for shipment 

required by the HMR (49 C.F.R. parts 171, et seq,), 

b. Section 172.200(a) (49 C.F.R. §§ 172.200(a)), in Hallochem offered hazardous 

material for transportation without properly describing the material on the 

shipping paper in the manner required by the HMR. 

c. Section 172.202(a)(1) (49 C.F.R. § 172.202(a)(1)), in that Hallochem offered 

hazardous material for transportation when the required hazardous material 

description on the shipping paper did not include the proper identification number 

prescribed for the material in Column (4) of the §172.101 table (49 C.F.R. ^ 

172.101). 

d. Section 172.202(a)(2) (49 C.F.R. § 172.202(a)(2)), in that Hallochem offered 

hazardous material for transportation when the required hazardous material 

description on the shipping paper did not include the proper shipping name 

prescribed tor the material in Column (2) ofthe § 172.101 table (49 C.F.R. § 

172.101). 

c. Section 172.202(a)(3) (49 C.F.R. § 172.202(a)(3)), in that Hallochem offered 

hazardous material for transportation when the required hazardous material 

description on the shipping paper did not include the hazard class or division 

number prescribed for the material, as shown in Column (3) ofthe !$ 172.101 table 

(49 C.F.R. § 172.101). 

f Section 172.202(c) (49 C.F.R. § 172.202(c)). in that I lallochcm offered h:izaidous 

material for transportation when the total quantity ofthe material covered by the 

description did not appear before or after, or both before and aller, the description 

required by subpart C ofthe HMR. (49 C.F.R. §§ 172.200 et seq.). 

g. Sections 172.204(a) or (c)(1) (49 C.F.R. §§ 172.204(a) or (c)(1)), in that 

Hallochem offered hazardous material for transportation in air commerce without 

printing the required certification on the shipping paper as stated in 

§ 172.204(a)(1) or (a)(2) (49 C.F.R. § 1 72.204(a)(1) or (a)(2)). 

h. Section 172.204(c)(2) (49 C.F.R. § 172.204(c)(2)), in that Hallochein offered 

hazardous materia! to an aircrail operator for transportation by air and did not 

provide two copies ofthe required shipper's ceitification. 
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i. Sceiion 172.300(a) (49 C.F.R. § 172.300(a)), in that Hallochem offered hazardous 

material for transportation when the package was not marked in a manner 

required by the HMR. 

j . Section 172.301(a) (49 C.F.R. § 172.301(a)), in that Hallochem offered hazardous 

material for transportation and failed to mark the package with the proper 

.shipping name and identification number for the material as shown in thc 

§172.101 Table. 

k. Section 172.304(a)(1) (49 C.F.R. § 172.304(a)(1)), in ihal Hallochem offered 

hazardous material for transportation when the required markings were not 

durable, in English and printed on or affixed to the surface ofthe package or on a 

label, tag or sign. 

I. Section 172.400(a) (49 C.F.R. § 172.400(a)), in that Hallochem offered a package 

containing hazardous material for transportation by air when the package was not 

properiy labeled as specified in Section 172.101 (49 C.F.R. § 172.101). 

m. Sections 172.600(c)(1) and 172.600(c)(2) (49 C.F.R. §§ 172.600(c)(1) and 

172.600(c)(2)), in that Hallochem offered a package containing hazaidous 

material for transportation by air without making emergency response information 

immediately available for use at all times the hazardous material was pi'esent, 

n. Section 173.1 (b) (49 C.F.R. § 173.1 (b)), in that Hallochem offered a shipineni of 

hazardous materials for transportation by air without properly preparing the 

shipment. 

o. Section 173.22(a)(2) (49 C.F.R. § 173.22(a)(2), in that Hallochem offered 

hazardous materials for transportation and failed to determine if the packaging is 

an audiorized packaging and that it has been inanufacuired, assembled, and 

marked in accordance with § 173.22(a)(2), 

p. Section 173.24(b)(1) (49 C.F.R. § 173.24(b)(1)), in that Hallochem offered 

hazardous material for transportation and failed to use a package that was so 

designed, constructed, maintained, filled, its contents so limited, and closed, so 

that under conditions normally incident to transportation, there would be no 

identifiable release of hazardous materials to the environment. 

III. 

26. Under 49 U.S.C. §5123, Hallochem is subject to a civil penalty for each of the 

foregoing violations ofthe FAA's regulations. The maximum penally per violation, as 

adjusted under 14 C.F.R, §13.305, is $50,000. By reason ofthe foregoing facts and 
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circumstances we propose to assess a civil penalty for all ofthe violations noted in the 

total amount of $42,000. 

27. Under the facts and circumstances of (his case, a civil penalty of $42,000 is 

appropriate. 

WHEREFORE, Complainant respecttully requests that the Administrative Law Judge 

enter an order that respondent be assessed a civil penalty in the amount of $42,000. 

Respectfully submitted this 10th day of March, 2010 

CHRIS rOPHERPOREDA 

Regional Counsel 

':7 

R. BEN'NETT SARGENT 

Attorney 

Federal Aviation Administration 

Office ofthe Regional Counsel 

12 New England Executive Park, ANE-7 

Buriington, MA 01803 
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CERTIFICATE OF SERVICE 

1 certify that the foregoing complaint has been sent via International Federal Express this 

dale to: 

Ucspondent'is Counsel 

He Xu, Esquire 

Deheiig Law .Firm Shenzhen Office 

1 l/F,Tower B;, Anlian Plaza, 4018 

Jintian Road,Futian District,Shcnzhen 

Guangdong Province, China 

Respondent 

President 

Hallochem Pharma Co., Ltd. 

17F, Venu.s Science Incubate Center 

No. 60 Xingguang Road, New North Zone 

Chongqing, China 401121 

and 

I certify that the foregoing complaint has been sent via Facsimile and by U.S. First Class 

Mail this date to; 

Hearing Docket 

Federal Aviation Administration (original and one copy) 

800 Independence Avenue, SW 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

Washington, DC 20591 

\ Fax:(202)493-5142 

i:^.-©- tt.^_j>^ji.(2.tA<^v^_ 

DONNA SORHNSEN March 10, 2010 

Program Analyst