Specific language you must use for a positive
certification:
"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."
Specific language you must use for a negative
certification:
"I certify that all chemicals in this shipment are not
subject to TSCA."
Wo other language may be substituted. Both
positive and negative statements may be preprinted,
typed, or stamped on the invoice used in connection
with the entry and entry summary procedures. The
certification statements may be signed using an
authorized facsimile signature.
Not complying with TSCA regulations can result
in detained shipments, denied entry, and
substantial penalties.
This brochure briefly summarizes the requirements for
importing chemicals under TSCA 15 U.S.C. 2601 et
seq. A more detailed description of your responsibili-
ties as a chemical importer under TSCA are set forth
in 40 CFR Part 707.
For more information call the TSCA Hotline at
(202)554-1404
Region 10 (Alaska, Idaho, Oregon, and
Washington) Contacts:
Renee Dagseth, Core TSCA Coordinator
(206) 553-1889, or toll-free at 1-800-424-4372
Debra Packard, Community Involvement Coordinator
(206) 553-0247, or toll-free at 1-800-424-4372
To ensure effective communication with everyone,
additional services can be made by calling EPA's
toll-free number 1-800-424-4372
Web Surfing for EPA Region 10
Check out our homepage at:
http://www.epa.gov/r1 Dearth
EPA910-F-99-002
vvEPA
United States
Environmental Protection
Agency
Region 10
1200 Sixth Avenue
Seattle WA 98101-1128
Importing
Chemicals
What You Need to Know
About TSCA
(the Federal Toxic
Substances Control Act)
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What is the Purpose of TSCA?
The Toxic Substances Control Act (TSCA) of 1976 is
intended to protect human health and the environment
from unreasonable risks posed by certain chemicals.
The U.S. Environmental Protection Agency (EPA) and
U.S. Customs are responsible for keeping chemicals
which have not undergone risk screening out of the
United States. Many other countries have similar
legislation.
Does TSCA Apply To Me?
You may be subject to TSCA and have the same
legal status as a chemical manufacturer in the
United States if you import:
chemicals
items containing chemicals
materials for recycling
hazardous waste
genetically-engineered micro-organisms
All chemicals are subject to TSCA except:
• Pesticides (pesticide intermediates are subject to
TSCA)
• Food and Drug Administration (FDA)-regulated
products (food, food additives, drugs, cosmetics,
or medical devices are some examples)
• Tobacco or any tobacco products
• Any source material (e.g. uranium, thorium...),
special nuclear material or byproduct material
• Firearms and ammunition
• Chemicals incorporated into an article
The article exemption
[Legal definition at 40 CFR 710.2(f)]
"Chemical substances or mixtures are considered
to be part of an article if the substance or mixture is
NOT intended to be removed from that article and
has no end use or commercial purpose separate
from the article of which it is a part."
Section 13 of TSCA requires that you must certify
whether the substance you intend to import is subject
to TSCA or not. .You must provide either a positive
certification statement or a negative certification
statement for a chemical substance or mixture, or the
.-U.S. Customs Service will refuse its import into the
United States.
How Can I Tell If TSCA Applies to Me?
• Check the definition of "chemical substance"
• Check the exemption list above
If you are importing a chemical substance that is not
exempt (see above) TSCA probably applies to you.
TSCA Reporting Decision Tree
Is the Import a
Chemical Substance?
Is the Import Exempt
from TSCA? (See <
Exemptions Listed 8
Above)
Is the Import on the
TSCA Inventory?
Contact the TSCA
Hotline for
Information on
Special Reporting
Requirements Which
May Apply
Is the Import on the
Inventory and Are You^
Complying with
Testing and
Reporting
Requirements?
No
You Have No
Obligations Under
TSCA
Sign and Submit a
Section 13 Negative
Certification
Contact the TSCA
Hotline for More
Information at
(202) 554-1404
Sign and Submit the
Positive Certification
For Assistance,
Contact the TSCA
Hotline or Renee
Dagseth, Region 10
TSCA Coordinator, at
206-553-1889
What Is a Chemical Substance?
"Chemical Substance" is defined in Section 3 of TSCA
as any organic or inorganic substance of a particular
molecular identity, including:
• any combination of such substances occurring in
whole or in part as a result of a chemical reaction
or occurring in nature; and
• any element or uncombined radical.
If TSCA Applies to Me,
What Do I Need to Do?
1) Check the public portion of the TSCA Inventory.
With Internet access, you can find information at:
msds.pdc.cornell.edu/issearch/tscasrch.htm.
This free source is provided for your convenience
and is not an official EPA source.
Without Internet access, call the TSCA Hotline at
(202) 554-1404 for other sources.
If you do not find your chemical on the public
portion of the Inventory, contact the TSCA Hotline
on procedures for checking the confidential
portion of the Inventory.
2) Determine if you are subject to testing or
reporting requirements. Call the TSCA Hotline
for instructions on how to check on special
requirements which may apply to you.
Be aware that importing a chemical substance
subject to TSCA that is not on the TSCA Inventory
may be a TSCA violation and substantial penalties
may result. If your chemical is not listed on the
TSCA Inventory, EPA does not officially recognize
that chemical. You must file a premanufacture
notice (PMN) with the EPA. The review period fora
PMN is 90 days, starting at EPA's receipt of the
PMN. For further information, call the TSCA
Hotline at (202)554-1404.
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