EPA and CBP Issue TSCA Certification Checklist for Import Compliance

April 21, 2008

The Environmental Protection Agency ("EPA") in consultation with U.S. Customs and Border Protection ("CBP") has developed and recently issued a "TSCA Section 13 Import Compliance Checklist".  The checklist is intended to assist chemical importers in determining how to certify their chemical imports for compliance with Section 13 of the Toxic Substances Control Act ("TSCA") and related regulations under 19 CFR 12.118-127 and 19 CFR 127.28(i).

EPA and CBP jointly administer Section 13 of TSCA and its related requirements.  CBP's regulations implementing these provisions require imports of chemical substances (including microorganisms and mixtures) to make certain certifications on the invoice at the port of entry.

The checklist details the analysis that should be applied by importers to each chemical intended for import, including chemicals in mixtures.  The EPA notes that this checklist is not the TSCA certification statement itself, and there is no requirement that importers use the checklist or submit it to the government.  The checklist is broken down into three parts and flows in steps.

Additional information concerning the import certification requirements under TSCA may be obtained here.