• Importers of new chemicals must certify that all chemical substances in the shipment comply with all applicable rules or orders under TSCA.

Imports

For the purposes of the Toxic Substances Control Act (TSCA), the term manufacture includes import. This means that imports of new chemicals are subject to TSCA’s section 5(a) requirement to submit a premanufacture notice (PMN) to the Environmental Protection Agency (EPA) at least 90 days before importing a new chemical. In addition, under TSCA section 13, importers of new chemicals must certify that all chemical substances in the shipment comply with all applicable rules or orders under TSCA.

Exports

Under TSCA section 12(b), manufacturers must notify EPA if they intend to export a chemical substance or mixture for which regulatory action has been taken under TSCA sections 4, 5, 6, or 7 (i.e., submission of data is required, an order has been issued, or a rule has been proposed, etc.).

However, according to 40 CFR 720.30(e)(2), any new chemical substance manufactured solely for export is not subject to notification requirements if the manufacturer knows that the person to whom the substance is being distributed intends to export or process it solely for export as defined in 40 CFR 721.3.