Overview
US Customs and Border Protection (CBP) issued a final rule on December 27, 2016 on Toxic Substances Control Act (TSCA) import certifications, which are required for imports of chemical substances, mixtures, and certain articles that contain a chemical substance. 81 Fed. Reg. 94,980 (2016). CBP developed the final rule in consultation with the US Environmental Protection Agency (EPA). The final rule establishes an electronic option for importers to file TSCA certifications, clarifies and adds certain definitions, and eliminates the paper-based blanket certification process. The rule was set to become effective on January 26, 2017, but the effective date was delayed by the new Administration’s regulatory freeze until March 21, 2017. 82 Fed. Reg. 8,590 (2017).
The final rule provides for electronic filing of TSCA certifications. In order to submit an electronic TSCA certification, importers or their agents are required to submit their entry filings to ACE or any other CBP electronic data interchange system authorized to accept entries. The final rule also allows electronic submission of exportation and abandonment notices as an alternative to the paper-based written notice process.
Further, the final rule eliminates the existing blanket certification, which was used on a port-specific basis in lieu of separate certifications for each shipment.
Finally, a negative certification is no longer required for those chemicals that are clearly identified as a product excluded from TSCA, such as products regulated under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) or the Federal Food, Drug and Cosmetic Act (FFDCA).
If you have any questions or for further information, please feel free to contact Seth Goldberg at +1 202 429 6213, Gregory McCue at +1 202 429-6421, Cynthia Taub at +1 202 429 8133, or Sara Beth Watson at +1 202 429 6460.
