(IV)
IF, ON THE OTHER HAND, THE MERE DISPENSING OF THE PRODUCT
FROM A CONTAINER CONSITUTES THE INTENDED USE OF THE SUBSTANCE,
THEN THAT CONTAINER IS ITSELF PART OF A USE SYSTEM AND THE
SUBSTANCE CONTAINED IN IT IS THEREFORE EXCLUDED FROM THE
DEFINITION.
(V)
EXAMPLES OF USE SYSTEMS TO BE CONSIDERED AS PRODUCTS FOR THE
PURPOSES OF ARTICLE 4, PARAGRAPH 3, ARE:
(A) AN AEROSOL CAN.
(B) A REFRIGERATOR OR REFRIGERATING PLANT, AIR CONDITIONER OR
AIR CONDITIONING PLANT, HEAT PUMP, ETC.
(C) A POLYURETHANE PREPOLYMER OR ANY FOAM CONTAINING, OR
MANUFACTURED WITH, A CONTROLLED SUBSTANCE.
(D) A FIRE EXTINGUISHER (WHEELED OR HAND-OPERATED) OR AN
INSTALLED CONTAINER INCORPORATING A RELEASE DEVICE (AUTOMATIC OR
HAND-OPERATED).
(VI)
BULK CONTIANERS FOR SHIPMENT OF CONTROLLED SUBSTANCES AND
MIXTURES CONTAINING CONTROLLED SUBSTANCES TO USERS INCLUDE
(NUMBERS BEING ILLUTRATIVE):
(A) TANKS INSTALLED ON BOARD SHIPS.
(B) RAIL TANK CARS (10-40 METRIC TONS).
(C) ROAD TRANSFERS (UP TO 20 METRIC TONS). (D) CYLINDERS FROM 0.4 KG TO ONE METRIC TON. (E) DRUMS (5-300 KG).
(VII)
BECAUSE CONTAINERS OF ALL SIZES ARE USED FOR EITHER BULK
OR MANUFACTURED PRODUCTS, DISTINGUISHING ON THE BASIS OF SIZE IS
NOT CONSISTENT WITH THE DEFINITION IN THE PROTOCOL. SIMILARLY,
SINCE CONTAINERS FOR BULK OR MANUFACTURED PRODUCTS CAN BE
DESIGNED TO BE RECHARGEABLE OR NOT RECHARGEABLE, RECHARGEABILITY
IS NOT SUFFICIENT FOR A CONSISTENT DEFINITION.
(VIII)
IF THE PURPOSE OF THE CONTAINER IS USED AS THE
DISTINGUISHING CHARACTERISTIC AS IN THE PROTOCOL DEFINITION, SUCH
CFC OR HALON-CONTAINING PRODUCTS AS AEROSOL SPRAY CANS AND FIRE
EXTINGHISHERS, WHETHER OF THE PORTABLE OR FLOODING TYPE, WOULD THEREFORE BE EXCLUDED, BECAUSE IT IS THE MERE RELEASE FROM SUCH
CONTAINERS WHICH CONSTITUTE THE INTENDED USE.
HOWE
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