• Imports of chemical substances, mixtures, or articles that contain a chemical substance or mixture must comply with TSCA in order to enter the U.S.
• A certification must be signed and filed electronically or in writing with CBP by the importer or an authorized agent of the importer.
• No certification is required for chemicals that are a part of articles, unless required by a specific rule under TSCA and tobacco or tobacco products.

The Toxic Substances Control Act (TSCA) places requirements on those importing chemicals, mixtures, or articles containing a chemical substance or mixture into the customs territory of the U.S. If they fail to comply with any TSCA rule or otherwise violate TSCA, they are not allowed into the customs territory of the U.S.

Import certification

Imports of chemical substances, mixtures, or articles that contain a chemical substance or mixture must comply with TSCA in order to enter the U.S. Importers must certify that imported chemicals either comply with TSCA (positive certification) or, if not otherwise clearly identified as a chemical excluded from TSCA, are not subject to TSCA (negative certification).

The requirements are described in section 13 of TSCA (codified at 15 U.S.C. 2612) and in implementing regulations developed by the U.S. Customs and Border Protection (CBP), in consultation with the Environmental Protection Agency (EPA), at 19 CFR 12.118 through 12.127. EPA itself has a companion chemical importing regulation at 40 CFR 707.

Who must certify?

A certification must be signed and filed electronically or in writing with CBP by the importer or an authorized agent of the importer. A certification must also include the certifier’s name, email address, and telephone number. Certification is required for substances that are imported and are received by mail or commercial carrier, including those intended for research and development. Certifications filed electronically must be filed in the Automated Commercial Environment (ACE).

For paper certification, the statement must be typed, preprinted on the invoice, or otherwise included in the entry documentation and must be filed with the director of the port of entry before release of the shipment.

Certification statements

An importer’s statement must certify either that the chemical shipment is:

• Subject to TSCA and complies with all applicable rules and orders (positive certification); or
• That the chemical shipment is not subject to TSCA (negative certification).

Positive certification statement

The following is a positive certification 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.”

A positive certification means that the chemical substance complies with all applicable TSCA regulations, including:

• Section 5 premanufacture notification rules,
• Section 5 significant new use rules,
• Section 5(e) orders,
• Section 5(f) rules and orders,
• Section 6 rules and orders,
• Section 7 judicial actions, and
• Title IV rules and orders.

Note that TSCA sections 4 and 8 rules do not pertain to section 13 import certification requirements. Although importers must satisfy all applicable requirements of sections 4 and 8 rules, compliance with those provisions is not related to individual chemical shipments and therefore does not affect import certification.

Negative certification statement

The following is a negative certification statement: “I certify that all chemicals in this shipment are not subject to TSCA.”

A negative certification is required for the following products when not clearly identified:

• Any pesticide;
• Any food, food additive, drug, cosmetic, or device;
• Source material, special nuclear material, or by-product material; and
• Firearms and ammunitions as defined in section 3 of TSCA.

Note that these products may be considered clearly identified when they are associated with another relevant agency’s entry documentation or electronic entry filing requirements (e.g., Notice of Arrival for pesticides or applicable entry documentation for FDA regulated products).

No certification is required for the following:

• Chemicals that are a part of articles, unless required by a specific rule under TSCA; and
• Tobacco or tobacco products.

More information

For further guidance, refer to:

• Compliance Guide for the Chemical Import Requirements of the Toxic Substances Control Act; EPA publication EPA 305-B-08-001; June 2008; and
• TSCA Section 13 Import Compliance Checklist; EPA publication EPA 740-B-08-001; April 2008.