Importing chemicals can be a daunting task, overwhelming and riddled with documentation and paperwork. How do you know if you are following TSCA compliance regulations or if the commodity is even subjected to TSCA requirements?
“A TSCA certificate is a self-declaration document to show customs that all chemical substances imported into the United States either comply with the Toxic Substance Control Act (TSCA) at the time of import (positive certification) or not subject to TSCA requirements (negative certification). Customs can refuse entry of any shipment that does not have a TSCA certification.” [via Chem Safety Pro]
A TSCA certificate is not necessary for tobacco products and certain articles. The following guidelines direct you through a decisive process to determine positive or negative requirements.
1. Is the material in the shipment to be imported as an “article”, or tobacco or tobacco product?
If Yes – Import certification is not required (positive or negative.
If No – Continue to #2.
2. Is the material in the shipment to be imported (a) a pesticide; (b) a source or special nuclear material or byproduct; (c) a firearm or ammunition; or (d) a food, food additive, drug, cosmetic, or device; as those terms are described in Part III of this guide?
If Yes – The material is not subject to TSCA, but a “negative” TSCA import certification is required unless the shipment is clearly identified as being a pesticide or other chemical not subject to TSCA [for example, the shipment is accompanied by FDA Form FD701 or EPA (FIFRA) Form 3540-1].
If No – Continue to #3.
3. Does this shipment contain any chemical substances or mixtures regulated under TSCA Section 5 (including new chemical substances), TSCA Section 6, or TSCA Section 7?
If Yes – Continue to #4.
If No – A positive TSCA import certification can be made.
4. Have you complied with TSCA sections 5, 6, and 7 with respect to the chemical substances and/or mixtures in your shipment?
If Yes – A positive TSCA import certification can be made.
If No – Import certification cannot be provided and the shipment cannot be imported until you have complied with all applicable requirements under TSCA sections 5, 6, and 7.
*TSCA Section 13 Import Certification Decision-Making Process
How do you know if a certain chemical you are importing is compliant with TSCA regulations?
Check every individual substance within your product to see if they are on the TSCA Inventory of Chemical Substances List.
Check to see if your chemical is subject to sub-headers, or lists implemented under TSCA requirements: i.e. Significant New Use Rules or SNURs.
Check to see if your product is compliant with the Polychlorinated Biphenyls and Asbestos restriction requirements enforced by TSCA.
Again, chemical and substance importation can be a meticulous and highly regulated process. Governing sectors help maintain organization and guidelines; however, they can become painstaking nuances to a novice shipper. Ensuring you have a knowledgeable logistics partner is vital to a smooth, streamlined shipment. If you have any questions regarding TSCA requirements or compliance, feel free to reach out to us for more information HERE.