On December 27, 2016, the U.S. Customs and Border Protection (CBP) published a final rule (19 CFR Parts 12 and 127) to amend the Import Certification requirements under TSCA Section 13. The initial effective date of January 26, 2017 was delayed for 60 days. The new effective date is March 21, 2017.
Any person who imports a chemical substance or mixture into the U.S. must certify that either 1) all of the chemical substances in the shipment comply with TSCA (positive certification), or 2) the chemical substances in the shipment are not subject to TSCA (negative certification).
The amended rule requires that chemical substances 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.”
For any TSCA-excluded chemical substances, the following statement must be filed with the CBP: “I certify that all chemicals in this shipment are not subject to TSCA.”
The amended rule requires that this certification must be filed with the director of the port of entry and can be filed either in writing or electronically for each shipment. The electronic submission must be made through the Automated Commercial Environment (ACE) system or any other CBP-authorized EDI system prior to the release of the shipment.
This final rule eliminates the paper-based blanket certification process. Previously, the blanket certification could be used in lieu of filing separate TSCA import certifications for each chemical shipment.
Critical Path Services can help you determine what your company’s vulnerabilities may be under the new TSCA regulation. We can also provide your company with periodic TSCA updates and assist you in positioning your company to address future regulatory requirements. Critical Path Services can provide representatives of your company with a free consultation to talk you through the major changes enacted by the new law and how these changes could affect your business.
References and Related Documents