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Chemical Products
The Toxic Substances Control Act (“TSCA”) (15 U.S.C. 2601 et seq.) governs the importation into the customs territory of the United States of a chemical substance in bulk form or as part of a mixture, and articles containing a chemical substance or mixture. Such importations are also governed by these regulations which are issued under the authority of section 13(b) of TSCA (15 U.S.C. 2612(b)).
Certificate Requirements
In order to import chemical substances into the United States,
(1) The importer or the authorized agent of such an importer of a TSCA chemical substance in bulk form or as part of a mixture, must certify in writing or electronically that the chemical shipment complies with all applicable rules and orders under TSCA by filing with CBP the following statement:
I certify that all chemical substances in this shipment comply with all applicable rules or orders under TSCA and that I am not offering a chemical substance for entry in violation of TSCA or any applicable rule or order thereunder.
(2) The importer or the authorized agent of such an importer of any TSCA-excluded chemical not clearly identified as such must certify in writing or electronically that the chemical shipment is not subject to TSCA by filing with CBP the following statement:
I certify that all chemicals in this shipment are not subject to TSCA.
Detention of certain shipments
The director of the port of arrival will detain, at the importer's risk and expense, shipments of covered commodity, in the following situations:
(1) Whenever the Administrator has reasonable grounds to believe that the shipment is not in compliance with TSCA and notifies the port director to detain the shipment.
(2) Whenever the port director has reasonable grounds to believe that the shipment is not in compliance with TSCA; or
(3) Whenever the importer fails to certify compliance with TSCA as required by §12.121.
New Chemicals
If you plan to import a chemical substance or mixture that is subject to TSCA but is not on the TSCA approved list, then the product in question will be treated as a newly manufactured chemical, and you must follow the appropriate procedures.
Specifically, you will need to file a pre-manufacture notice with EPA at least 90 days before commencing import, a process that will then trigger review.
Export Notification
If you are exporting a chemical or item that includes a chemical substance, it is critical to check the EPA list of substances subject to TSCA export notification. If the substance is on the list, you must notify the EPA of the activity.
Working with CBPbrokers is the best way to expedite your chemical products pass through CBP clearance.