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Prepare for New TSCA Reporting Requirements

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Effective March 21, there will be a revised import certification process for commodities subject to the Toxic Substance Control Act (TSCA). The Federal Register announced the upcoming changes on December 27, 2016, found here. The original effective date for these changes was January 26 but was postponed to March 21 per a message in the U. S. Customs Cargo Systems Messaging System (CSMS).

Removing Paper-Based Blanket Reporting

The paper-based blanket reporting requirements, described under 19CFR 12.121(a)(2)(ii), will no longer be effective as information will be submitted electronically with each entry. Previously, importers could provide an annual paper blanket certification to U.S. Customs to cover multiple shipments of the same chemical during a one-year period at one port of entry. Elimination of the paper document supports the continuing effort to reduce paperwork by collecting and processing information electronically.

Importers may wish to provide blanket information to their Customs broker for repeated use on their chemical imports. A TSCA positive or negative statement can be prepared and submitted to your Customs broker for use on each applicable customs entry as needed. At a minimum, this information should be reviewed and updated annually.

Additionally, importers will be required to include three new data elements on their TSCA certifications.

• Certifying individual’s name

• Certifying individual’s phone number

• Certifying individual’s email address

Mandatory Certification Statement

A positive or negative certification statement will be required at time of entry. These statements serve to verify either that the chemical is subject to TSCA and complies will all rules and orders or that it is not subject to TSCA. The language for these are shown below per 19CFR 12.121(a).

TSCA Positive 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 under TSCA.”

TSCA Negative Statement:

“I certify that all chemicals in this shipment are not subject to TSCA.”

Need Guidance?

The Environmental Protection Agency (EPA) has advised that it is the importer’s responsibility to determine whether an imported product is subject to TSCA and must be reported at time of entry. They suggest that importers call the TSCA Hotline at 202-554-1404 for assistance and that providing the CAS (Chemical Abstract Service) numbers for your products will expedite the Hotline review process.

If you need help updating your compliance processes or in understanding the TSCA import reporting process, reach out to Adrienne Graddy.

 

By Adrienne Graddy, Senior Advisor

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