U.S. Customs and Border Protection (CBP) issued a final rule regarding the importation of Chemical Substances and Mixtures Subject to EPA’s Toxic Substance Control Act (TSCA), eliminating the old TSCA Blanket Certification process. While the original effective date was temporarily postponed, CBP has announced an implementation deadline of March 20, 2017.

The new ruling will require importers to provide an electronic certification in the Automated Commercial Environment (ACE) for each entry indicating a Positive (+) or Negative (-) declaration required by the EPA, along with the name, phone number and email address of the TSCA certifier.

This information should be provided as a written declaration on the commercial invoice; through a letter of instructions; or in an email – for each individual shipment. In addition to the declaration, the importer must provide the name, phone number and email address of the TSCA certifier.

As a reminder, here are the certification statements:

Positive Certification: I certify that all chemical substances in the shipment comply with all applicable rules or orders under TSCA and the importer is not offering a chemical substance for entry in violation of TSCA or any rule or order under TSCA.

Negative Certification: I certify that all chemicals in the shipment are not subject to TSCA.

In addition to the declaration, please make sure to include the name, phone number and email address of the TSCA certifier.

The final rule also allows importers to provide electronic notice of exportation and abandonment as an alternative to the paper-based written notice process in the existing regulations.

If we can be of assistance, please contact [email protected].