• The 1989 Partial Ban prohibits import of some asbestos-containing products.
• TSCA prohibits import of PCBs.

Importing specific chemicals

Section 6 of the Toxic Substances Control Act (TSCA) contains import requirements applicable to some specific chemicals:

• PCBs — Section 6(e) of TSCA prohibits import of polychlorinated biphenyls (PCBs). See 40 CFR Part 761 for regulations on the import of PCBs. In certain limited circumstances, the Environmental Protection Agency (EPA) may grant exemptions to allow import of PCBs provided statutory and regulatory requirements are met.
• Asbestos — The 1989 Partial Ban prohibits import of some asbestos-containing products, including corrugated paper, rollboard, commercial paper, specialty paper, and flooring felt. EPA also banned new uses of asbestos which prevent new asbestos products from entering the marketplace after August 25, 1989.
• Formaldehyde — The TSCA Title VI import certification requirement applies to composite wood products (i.e., panels of hardwood plywood, particleboard, medium density fiberboard, and thin-medium density fiberboard), component parts containing such composite wood products, and finished goods containing such composite wood products that are imported into the U.S. beginning March 22, 2019. Under TSCA Title VI, importers must also take reasonable precautions by retaining, for three years, bills of lading, invoices, or comparable documents that include a written statement from the supplier that the composite wood products (or component parts/finished goods) are TSCA Title VI compliant. When EPA requests, the importer must make available within 30 days records identifying (1) the panel producer and the date the composite wood products were produced; and (2) records identifying the supplier, if different, and the date the composite wood products (or component parts/finished goods) were purchased. Refer to 40 CFR 770.

In addition to the chemicals listed above, import requirements apply to the following two types of chemicals covered by TSCA section 6 regulations:

• Certain chemical substances that may be used in metalworking fluids and that are regulated under 40 CFR 747; and
• Certain hexavalent-chromium-based water treatment chemicals that are regulated under 40 CFR 749.68.

Imminent hazards

Because imports are required to comply with any judicial orders that may be issued under section 7 of TSCA, importers need to be aware of section 7 requirements. Section 7 authorizes EPA to commence a judicial action for seizure of a chemical substance, mixture, or article containing such a chemical substance or mixture, which EPA has determined is imminently hazardous, and/or for other relief against any person who manufactures (imports), processes, distributes in commerce, uses, or disposes of an imminently hazardous chemical substance or mixture or any article containing such a substance or mixture.