&EPA
United States
Environmental Protection
Agency
Office of
Toxic Substances
Washington DC 20460
February 1984
Toxic Substances
Control Act
A Guide for
Importers/Exporters
Volume 1: Overview
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Volume 1 of this publication has been compiled to summarize the
requirements of sections 12{b), Exports, and 13, Imports, of the
Toxic Substances Control Act (TSCA) and of the rules and policies
issued under these sections. Volume 2 provides an alphabetical
listing of chemical substances that are subject to section 12(b)
and 13 requirements as of this date. It also provides excerpts
and key points of each applicable rule, as well as Federal
Register citations of specific rulemaking actions applicable to
each of the chemicals listed. Each chemical substance subject to
TSCA regulations that is imported into the United States (for
other than solely research and development purposes) must be
listed on the TSCA Inventory of Chemical Substances.
The Environmental Protection Agency (EPA) issued a policy
statement on December 13, 1983 (48 FR 55462) which explains how
the Agency will interpret the chemical substances import rule
issued by the U.S. Customs Service on August 1, 1983 (48 FR
34734), effective January 1, 1984 under section 13 of TSCA. This
publication supplements the guidance provided by that policy, and
is designed as a quick reference guide for importers, exporters,
and Regional EPA and Customs inspectors. Those involved or
interested in chemical imports/exports may find the information
useful for other purposes.
Material for this first edition was compiled as of January
1984. Future Agency actions will require periodic updating and
republishing.
Send all questions, comments, or recommendations on the contents
to:
Jack P. McCarthy, Director
TSCA Assistance Office (TS-799)
Office of Toxic Substances
Environmental Protection Agency, Room E-543
401 M Street, SW.
Washington, D.C. 20460
Toll-free: 800-424-9065
In Washington, D.C.: 554-1404
Outside U.S.A.: Operator-202-554-1404.
This is an informational publication. Any rules or orders issued
by EPA or U.S. Customs take precedence over the guidance included
herein.
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CONTENTS
VOLUME 1 Page
IMPORTED CHEMICALS 3
Importer Responsibilities 3
Customs Responsibilities 4
Detention at Port of Arrival 4
(Port of Entry, if the same)
Detention at Port of Entry 4
Refused Entry .• • 4
EPA Responsibilities 5
Basis for Certification .5
Applicable Regulations And Chemicals 5
Section 5 Premanufacture Notification
and Significant New Use Rules 5
Section 6 Rules 7
Section 7 Judicial Actions 7
Section 12(b) Rules 7
Section 4 and 8 Rules 8
Articles Containing Chemical Substances 8
Chemicals Subject to Specific Rules 8
TSCA INVENTORY OF CHEMICAL SUBSTANCES 11
EPA ENFORCEMENT !5
IMPORTER'S CHECKLIST 21
EXPORTED CHEMICALS 25
Exporter Responsibilities 25
EPA Responsibilities , 26
Applicable Chemicals! gn3 BfedntU^tions 26
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CONTENTS (Cont.)
VOLUME 2
(Bound
separately)
PART I: CHEMICALS SUBJECT TO SPECIFIC FINAL
REGULATIONS UNDER SECTIONS 5 AND 6 OF TSCA
PART II: CHEMICALS SUBJECT TO PROPOSED REGULATIONS
UNDER SECTIONS 5 AND 6 OF TSCA
PART III: CHEMICALS SUBJECT TO PROPOSED AND FINAL
RULES UNDER SECTIONS 4 AND 8 OF TSCA
PART IV: CHEMICALS SUBJECT TO EXPORT
NOTIFICATION TO EPA UNDER SECTION 12(b)
OF TSCA
PART V: NUMERICAL INDEX OF LISTED CHEMICALS BY
CAS NUMBER
A. CHEMICALS SUBJECT TO SPECIFIC PROPOSED
AND FINAL REGULATIONS UNDER TSCA - LISTED
IN CAS-NUMBERED SEQUENCE
B. CHEMICALS SUBJECT TO TSCA SECTION 12(b)
EXPORT REQUIREMENTS - LISTED IN CAS-
NUMBERED SEQUENCE
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IMPORTED CHEMICALS
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IMPORTED CHEMICALS
The statutory mandate of section 13 of TSCA requires the Secretary
of the Treasury to refuse entry into the U.S. Customs territory of
any chemical substance, mixture, or article* if:
• It fails to comply with any rule in effect under TSCA;
or
• It is offered for entry in violation of sections 5 or 6,
a rule or order under sections 5 or 6, or an order
issued in a civil action brought under sections 5 or 7.
The Secretary of the Treasury, after consultation with the
Administrator of the Environmental Protection'Agency (EPA),
promulgated a final Customs rule under section 13 on August 1,
1983 (48 FR 34734), (19 CFR sections 12.118 through 12.127 and
127.28 (amended)). In order to explain how it will interpret and
carry out its responsibilities under this Customs rule, the EPA
issued a policy statement on December 13, 1983 (48 FR 55462), (40
CFR Part 707). This policy statement is available from the TSCA
Assistance Office (see inside front cover).
Following are highlights of the rule and policy for guidance to
importers and EPA and Customs regional inspectors.
IMPORTER RESPONSIBILITIES
Under the Customs rule, the importer of a chemical shipment must
certify at the port of entry for shipments entering commerce in
the U.S. that either:
• The shipment is subject to TSCA and complies with all-
applicable rules and orders thereunder; or
• The shipment is not subject to TSCA.
An importer can accomplish the certification and discharge his
obligations related to the import by signing, at the time of
Customs clearance, one of the following brief statements to be
typed or preprinted on an entry document or invoice or other
attachment:
For shipments subject to TSCA; "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."
* See Articles Containing Chemical Substances, Page 8.
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IMPORTED CHEMICALS
For other shipments; "I certify that all chemicals in this
shipment are not subject to TSCA."
CUSTOMS RESPONSIBILITIES
Customs officers must review the Customs papers for chemical
shipments to determine if the certification is present. The
Customs rule defines detention of shipments of chemical
substances, mixtures, or articles at port of arrival and port of
entry as follows:
Detention at Port of Arrival (Port of Entry if the Same) - The
district director must detain shipments of chemical substances,
mixtures, or articles:
• That have been banned from Customs territory of the U.S.
by a rule or order issued under sections 5 or 6 of TSCA
(15 USC 2604 or 2605); or
• That have been ordered seized because of imminent
hazards as specified under section 7 of TSCA (15 USC
2606).
Detention at Port of Entry
• Whenever the EPA Administrator has reasonable grounds to
believe that the shipment is not in compliance with TSCA
and notifies the district director to detain the
shipment;
• Whenever the district director has reasonable grounds to
believe the shipment is not in compliance with TSCA; or
• Whenever the importer does not certify compliance with
TSCA as required.
Refused Entry - If a shipment is refused entry, the Secretary of
the Treasury must:
• Notify the consignee and the EPA Administrator of the
entry refusal, including the reasons for the detention;
• Not release the shipment, except under bond (when
appropriate); and
• Cause its disposal or storage, if the shipment has not
been exported by the consignee within 90 days from date
of receipt of the notice of entry refusal.
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r; MPORTED CHEMICALS
EPA RESPONSIBILITIES
Under the Customs Rule, the EPA Administrator must:
• Determine whether detained shipments and their entries
comply;
• Notify Customs when EPA is aware of shipments that
should be detained;
• Identify steps necessary to bring detained shipments
into compliance, or that must be taken when shipments
are not brought into compliance; and
• Take action to store or dispose of abandoned
noncomplying shipments.
BASIS FOR CERTIFICATION
Whenever the documents accompanying the imported shipment identify
the chemical exactly, the person who is certifying compliance can
check the identity against requirements under TSCA. When the
chemical substance or mixture is imported under a name that does
not identify it exactly, and the person certifying does not
otherwise know the identity, he should attempt to discover the
chemical constituents of the shipment by contacting another party
to the transaction (e.g., his principal or the foreign
manufacturer). This person may be able to identify the components
of the substance or mixture, or at least state that the substance
or mixture complies with TSCA. The greater the effort an importer
makes to learn the identities of the imported substances, the
smaller his chances of committing a violation by importing a
noncomplying shipment. If a shipment were ultimately determined
to have violated TSCA, the good faith efforts of the importer to
verify compliance, as evidenced by documents contained in his
files, might obviate or mitigate the assessment of a civil penalty
under section 16 of TSCA.
APPLICABLE REGULATIONS AND CHEMICALS
The TSCA regulations that apply to importers (who are defined as
"manufacturers" under TSCA) include the following:
Section 5 Premanufacture Notification and Significant
New Use Rules
These rules impose notification requirements for chemical
manufacturers and processors. Each chemical substance (subject to
TSCA regulations) that is imported into the United States must be
listed on the TSCA Inventory of Chemical Substances unless it is
imported in small quantities solely for research and
development. (See subsequent section entitled TSCA Inventory of
Chemical Substances, Page 11.) An importer must verify that all
such chemical substances in each of his shipments are listed on
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IMPORTED CHEMICALS
this Inventory. Chemicals exempt from this requirement include,
but are not limited to, foods, drugs, cosmetics, and active
ingredients in pesticides. Such exempt chemicals, however, still
require a certification that they are not subject to TSCA, except
when exempt from negative certification as specified below. All
others must appear on the Inventory, or importation is
prohibited. Examples of exempted chemicals for which the importer
could sign the negative certification statement shown under
Importer Responsibilities (Page 4) include the following:
• Any pesticide (as defined in the Federal Insecticide,
Fungicide, and Rodenticide Act) when imported for use as
a pesticide;
• Source material, special nuclear material, or byproduct
material (as such terms are defined in the Atomic Energy
Act of 1954 and regulations issued under such Act);
• Firearms and ammunition, the sale of which is subject to
the tax imposed by section 4181 of the Internal Revenue
Code of 1954 (determined without regard to any
exemptions from such tax provided by sections 4182 or
4221 or any other provision of such Code).
Customs has decided that the following items do not require any
certification because there are other controls on the importation
of those items involving other Federal agencies.
• Any food, food additive, drug, cosmetic, or device (as
such terms are defined in section 201 of the Federal
Food, Drug, and Cosmetic Act) when manufactured,
processed, or distributed in commerce for use as a food,
food additive, drug, cosmetic, or device if accompanied
by an FDA import form, FD701. The term "food" includes
poultry and poultry products (as defined in sections
4(e) and 4(f) of the Poultry Products Inspection Act),
meat and meat food products (as defined in section l(j)
of the Federal Meat Inspection Act), and eggs and egg
products (as defined in section 4 of the Egg Products
Inspection Act).
• Tobacco or any tobacco product.
Persons who wish to import chemical substances which do not appear
on the Inventory, except for those small quantities imported
solely for research and development purposes, must comply with
Premanufacture Notification (PMN) Requirements and Review
Procedures in section 5(a)(l) of TSCA. These are specified in an
EPA Final Rule issued in the Federal Register on May 13, 1983 (48
FR 21722) (40 CFR 720). A principal importer must submit a
standard PMN using EPA Form 7710-25(4-26-83). Importers are
required to provide information only on exposure which occurs
within the United States. The principal importer is the first
importer who selects the new chemical substance and determines the
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IMPORTED CHEMICALS
total amount to be imported. The principal importer must know
that the substance will be imported. Only a person incorporated,
licensed, or doing business in the United States may submit the
notice. You may prepare and submit the premanufacture notice with
another person. A joint submission may be useful where different
persons have information required in the notice. It also may be
useful when another person has information fundamental to the
notice, but wishes to keep it confidential.
In addition, chemical substances imported into the United States
may be subject to significant new use rules (SNURs) under section
5(a)(2). Such rules would require a notice before import. While
no SNURs are in effect now, several are being developed and may
become effective in the near future.
>
See Importer's Checklist (Page 21) for further clarification of
PMN and other requirements in the subsequent section of this
publication entitled TSCA Inventory of Chemical Substances (Page
11).
Section 6 Rules
These rules cover regulation of selected chemical substances and
mixtures. EPA may take certain regulatory actions (as specified
under section 6) to protect against an unreasonable risk of injury
to health or the environment for the manufacture, processing,
distribution in commerce, use, or disposal of a chemical substance
or mixture. Certain chemicals imported into the United States may
be subject to restrictions under this section. These chemicals
are listed in Volume 2, Parts I and II.
Section 7 Judicial Actions
This section authorizes EPA to commence a civil action for seizure
of an imminently hazardous chemical; for relief against any person
who manufacturers, processes, distributes in commerce, uses, or
disposes of, an imminently hazardous chemical; or for both seizure
and relief. Chemicals that have been ordered seized by a court
because of imminent hazards may not be imported into the United
States. EPA has not taken action under section 7 to date.
Section 12(b) Rules
If entry is denied for an intended import, and the importer
chooses to export^the non-complying shipments to a foreign
country, rules under this section apply. Such rules may require
the exporter to notify EPA of the intended shipment. EPA, in
turn, must notify the foreign government of the intended export to
that country. (See Volume 2, Part IV.)
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IMPORTED CHEMICALS
Section 4 and 8 Rules
Importers may be subject to these rules because TSCA defines
importers as manufacturers. However, because these rules do not
apply to individual chemical shipments, and because compliance
with such rules may be a lengthy procedure, importation does not
depend on importers satisfying section 4 or 8 requirements at the
time of certification. However, if a section 8 rule requires
notification of EPA prior to the import of a specified chemical,
any importer of that chemical should ensure that the required
notification has been completed before certifying that a shipment
containing the chemical is in compliance with TSCA.
In addition, importers are responsible for submitting to EPA any
lists and copies of unpublished health and safety studies, or
references to them, in their possession for the chemicals subject
to section 8(d) of TSCA. Importers need only search files located
in the United States; they are not required to secure studies in
the possession of a foreign subsidiary or parent. However, if an
importer knows of a study in the possession of a foreign entity,
then that study must be listed and the list submitted to EPA.
Articles Containing Chemical Substances
The Customs rule does not require certification for chemical
substances imported as part of articles unless EPA has required
reporting under a specific TSCA rule. At this time, there are no
TSCA rules that require certification for articles. However,
future TSCA rules may require certification of articles containing
certain chemical substances. In such cases, the individual rules
will specify whether certification is required.
Chemicals Subject to Specific Rules
The specific rules issued under these TSCA sections and the
chemical substances to which they apply are indicated on the
tabular lists in Volume 2, Parts I through IV. Each chemical
substance is followed by its appropriate Chemical Abstract
Services (CAS) registry number. This is a unique number assigned
to each chemical substance. Another listing of these chemicals,
by CAS number, appears in Volume 2, Part V.
To be sure that your import shipment complies with all of the
above rules and regulations, refer to Importer's Checklist (Page
21).
Importers may contact the TSCA Assistance Office to obtain
additional information on requirements and to get on the mailing
list for the Chemicals-In-Progress Bulletin for information
on current rulemaking actions.
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TSCA INVENTORY OF CHEMICAL SUBSTANCES
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TSCA INVENTORY OF CHEMICAL SUBSTANCES
Section 8(b) of the Toxic Substances Control Act (TSCA) requires
the Administrator of the U.S. Environmental Protection Agency to
identify, compile, keep current, and publish a list of chemical
substances manufactured, imported, or processed for commercial
purposes in the United States.
The Initial Inventory and the Cumulative Supplement II constitute
the Revised Inventory representing a total of about 60,000
chemical substances. An appendix to the Inventory includes 1,800
generic names generated for chemical substances whose identities
have been claimed as confidential.
Chemical substances which are not included on the Inventory are
considered "new" and are therefore subject to premanufacture
notification requirements under section 5 of TSCA.
The inventory does not purport to identify all chemical substances
currently in U.S. commerce, because some such substances are
specifically excluded by statute or regulation (40 CFR Part
710). Additionally, no printed version of the Inventory can be
completely up-to-date because it is continually subject to
change. New substances for which premanufacture review (PMN)
under section 5 has been completed and that are being manufactured
or imported will continue to be added to the Inventory. A few
substances that have been included on the Inventory may be deleted
if the Agency, after a careful review of the Inventory, decides
that they should not have been reported. Furthermore, information
regarding chemical identities claimed as confidential is not
included in the published version of the Inventory. Recognizing
these limitations, the Agency maintains a Master Inventory File,
which includes all eligible substances that have been reported.
The file is continually updated as new information becomes
available.
The Agency provides a service to assist those who, for various
reasons, wish to query the Inventory. A person who intends to
manufacture or import a chemical substance that does not appear on
the published Inventory may ask EPA to determine whether the
substance in question is included in the Agency's Master Inventory
File. If the substance is confidential, the Agency will provide a
conclusive answer only if the person who submits the inquiry is
able to demonstrate a "bona fide intent" to manufacture or import
the substance for a commercial purpose. The exact procedures for
establishing and submitting a bona fide intent are discussed in
detail in the Premanufacture Notification Requirements and Review
Procedures (48 FR 21722) (40 CFR 720.25, May 13, 1983). When a
bona fide intent has been established with a formal submission,
the Agency will perform a comprehensive search of the entire
Master Inventory File — i.e., both confidential and non-
confidential portions — to determine conclusively whether the
substance in question is already included.
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TSCA INVENTORY OF CHEMICAL SUBSTANCES
If a person does not wish to comply with the bona fide intent
submission requirements and still wishes the Agency to determine
whether a particular chemical is included on the Inventory, the
Agency will, upon receipt of such a request, perform a search of
the non-confidential portion of the Master Inventory File. In
this case, because the confidential portion of the file is not
searched, the results may not be conclusive.
All Inventory inquiries must be submitted in writing and
accompanied by appropriate documentation. Incomplete inquiries or
submissions will not be processed until all materials have been
received. Special care should be taken with the submissions that
contain TSCA Confidential Business Information. Bona fide intent
submissions as well as requests for non-confidential searches
should be sent to:
U.S. Environmental Protection Agency
Document Control Officer (TS-793)
Office of Pesticides and Toxic Substances
401 M Street, SW.
Washington, D.C. 20460
Address all other Inventory inquiries, submissions, and
corrections to:
U.S. Environmental Protection Agency
Office of Toxic Substances
Inventory Control Team (TS-793)
401 M Street, SW.
Washington, D.C. 20460
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EPA ENFORCEMENT
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EPA ENFORCEMENT
EPA and the Customs Service will monitor chemical imports to
determine if shipments and their import comply with the
certification requirements and the substantive mandates of TSCA.
Customs will refuse entry to any shipment until such time as the
certification is properly submitted. Customs will also detain a
shipment if there are reasonable grounds to believe that such
shipment or its import violates TSCA or regulations or orders
thereunder. A violative shipment must either be brought into
compliance, exported, destroyed, or voluntarily abandoned within
the time periods prescribed in §12.124 of the section 13 rule.
When EPA determines that a shipment should be detained, EPA will
identify the reasons for the detention and the necessary actions
for an importer to bring the shipment into compliance with TSCA.
If EPA has given this information to Customs before the district
director issues the detention notice, the information will become
part of the detention notice. The importer should contact one of
the following EPA regional offices for guidance as to the proper
procedures to correct any deficiencies in the shipment.
EPA REGION I
Pesticides and Toxic Substances Branch
John F. Kennedy Federal Building
Boston, MA 02203
617-223-0586
EPA REGION II
Pesticides and Toxic Substances Branch
Raritan Depot, Building 209
Woodbridge Avenue
Edison, NJ, 08837
201-321-6681
EPA REGION III
Environmental Programs Branch
Curtis Building
6th & Walnut Streets
Philadelphia, PA 19106
215-597-7668
EPA REGION IV
Pesticides and Toxic Substances Branch
345 Courtland Street, NE.
Atlanta, GA 30365
404-881-3864
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EPA ENFORCEMENT
EPA REGION V
Toxic Materials Branch
230 South Dearborn Street
Chicago, IL 60604
312-353-2291
EPA REGION VI
Pesticides and Toxic Substances Branch
1201 Elm Street
Dallas, TX 75270
214-767-2734
EPA REGION VII
Air and Waste Compliance Branch
324 East llth Street
Kansas City, MO 64106
816-374-3036
EPA REGION VIII
Toxic Substances Branch
1860 Lincoln Street
Denver, CO 80295
303-837-3926
EPA REGION IX
Toxics and Waste Programs Branch
215 Fremont Street
San Francisco, CA 94105
415-974-8124
EPA REGION X
Toxic Substances Control Branch
1200 Sixth Avenue
Seattle, WA 98101
206-442-2871
If Customs detains or refuses entry of a shipment (other than for
failure to make the general certification) and the importer takes
measures necessary to bring the shipment into conformity with the
requirements of TSCA, EPA officials will reassess the shipment to
determine its current compliance status. Assuming a shipment is
no longer in violation, EPA will notify the district director and
the importer. The district director will then release the
shipment. This notice will also serve as a determination to
permit entry under §12.123(c) if a shipment is brought into
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EPA ENFORCEMENT
compliance before the §12.123(c) decision-making process has been
completed. If compliance is achieved after a §12.123(c)
determination (adverse to the importer) has been made, the EPA
notice to the district director will serve as a reversal of the
decision to refuse entry.
You can obtain assistance in determining whether a chemical
shipment is in compliance with TSCA from: the Director,
Compliance Monitoring Staff, Office of Pesticides and Toxic
Substances (EN-342), U.S. Environmental Protection Agency, 401 M
Street, S W., Washington, D.C. 20460.
Any questions concerning Customs matters should be directed to the
District Director of Customs at the port of entry. Addresses of
local Customs Offices can be found in the local telephone
directory under United States Government, Department of the
Treasury, United States Customs Service.
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IMPORTER'S CHECKLIST
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IMPORTER'S CHECKLIST
Step I Is my chemical substance exempt from positive
certification?
• Check the list of materials exempted from TSCA.
These are listed on Page 6, this volume.
• If your chemical substance falls into any of these
categories, follow Steps II and III.
Step II Is my chemical substance in the category requiring
negative certification?
• Check the list of chemicals on page 6 that do not
require positive certification (pesticides, source
material, special nuclear material, byproduct
material, firearms and ammunition).
• If your chemical substance falls into any of these
categories, you must sign the negative
certification statement that the chemical you
intend to import is not subject to TSCA.
Step III Is my chemical substance exempt from both positive and
negative certification?
• Check the list of chemicals on Page 6 that do not
require any certification (food, food additive,
drug, cosmetic or device, tobacco or any tobacco
product).
• If your chemical falls into any of these
categories, and if it is accompanied by FDA Import
Form FD701, you are not required to sign any
certification statement.
Step IV • Is my chemical substance being imported solely for
research and development purposes, and is it a
TSCA regulated chemical substance?
If yes, you must sign the positive certification
statement without further checking.
Step V Is my chemical substance on the Inventory?
• Verify that your chemical substance is listed on
the TSCA Inventory and the Cumulative Supplement
II.
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IMPORTER'S CHECKLIST
• If your chemical substance is not listed, it may
have been included previously but does not appear
in the printed version because it was added to the
list since the last revision, or because it was
submitted confidentially.
Prior to import, you must determine whether
or not this chemical substance appears on the
Master Inventory File. You must submit a "bona
fide intent to import" so that EPA can review the
Master Inventory File.
• If your chemical substance is not listed on the
Master Inventory, and you wish to import it, you
must file a premanufacture notification with EPA
at least 90 days prior to import. You may call
the TSCA Assistance Office (see inside front
cover) for additional information.
Step VI My chemical substance is on the Inventory. Do I have
any further requirements under this rule?
• You must determine whether there are any
regulations or actions regarding this chemical
substance under TSCA sections 5, 6, or 7.
Look in the list of chemicals requiring
certification in Volume 2: List of
Import/Export Chemicals. You must meet all
the requirements outlined for the specified
chemicals.
If the chemical is not listed in the list of
chemicals requiring certification, it is your
responsibility to verify that the information
has not changed since the date of this
publication. If necessary, call the TSCA
Assistance Office to verify that information
is up to date.
Step VII Do I have any further obligations under TSCA?
• Since importers are defined under TSCA as
manufacturers, importers must comply with all
testing, reporting, and recordkeeping requirements
under TSCA sections 4, 8(a), 8(c), and 8(d).
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IMPORTER'S CHECKLIST
• Some section 8 rules require notification to EPA
prior to the import of a specified chemical.
Importers must ensure that the required
notification has been completed before certifying
that a shipment containing the chemical is in
compliance with TSCA. Consult the list of
affected chemicals in this publication.
NOTE; It is your responsibility to verify that the information
has not changed since the date of this publication.
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EXPORTED CHEMICALS
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EXPORTED CHEMICALS
The statutory requirements of section 12(b) of TSCA require that:
• Any person who intends to export a chemical substance or
mixture that is subject to certain testing or regulatory
control requirements under TSCA must notify EPA of such
export or intent to export.
• The EPA then must notify the importing country's
government
Of the availability of test data on the chemical
submitted to EPA under sections 4 or 5(b) of TSCA;
and
Of any proposed or final rule, order, action, or
relief under sections 5, 6, or 7 of TSCA.
Chemicals produced solely for export generally have not been
subject to TSCA. EPA is, however, currently preparing a proposed
section 8(a) reporting rule which would require manufacturers to
notify the Agency when they manufacture new chemicals solely for
export. Also, EPA may regulate a chemical produced for export if
it presents an unreasonable risk of injury to health or the
environment of the United States. The Agency may require testing
of any such chemical if necessary to determine whether there is a
risk to the United States.
EXPORTER RESPONSIBILITIES
EPA issued a final section 12(b) export notification rule in the
Federal Register on December 16, 1980 (45 FR 82844) (40 CFR
707).Under this rule, an exporter of regulated substances or
mixtures must submit a notice of the first export within the
calendar year of the substance or mixture. Such reporting is
required for any substance or mixture that is the subject of a
final TSCA section 4 test rule, and a proposed or final rule,
action, or order under sections 5, 6, and 7. The notice must be
submitted by letter to EPA, and must include the following
information:
• Name and address of the exporter;
• Name of the chemical substance or mixture;
• Date(s) of export or intended export;
• Country (countries) of import;
• Section of TSCA (5 or 6) under which EPA has proposed
action and the section of TSCA (4,5,6, or 7) under which
EPA has taken action.
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EXPORTED CHEMICALS
Submit the notice for your first export or intended export to a
particular country in a calendar year. The notice must be
postmarked within seven days after accepting a definite
contractual obligation to export or an equivalent intracompany
agreement to export. Where the actual export occurs less than
seven days after the export obligation or agreement has been
executed, submit the notice to EPA no later than the same day as
the export.
The country of import to be entered on the section 12(b) notice
is defined as:
"... the country where the goods are to be consumed,
further processed, or manufactured, as known to the shipper
at the time of exportation. If the exporter does not know
the country of ultimate destination, the shipment is
credited to the last country to which the exporter knows
that the merchandise will be shipped."
EPA RESPONSIBILITIES
Under the EPA final export rule, EPA must send a notice to the
government of the importing country no later than five working
days after receipt of the first annual notification from the
exporter for each regulated chemical. The EPA notice includes
the following information:
• Identification of the regulated chemical;
• Summarization of the EPA regulatory action taken, or an
indication of the availability of data under TSCA
sections 4 or 5(b);
• EPA official to contact for further information;
• Copy of the pertinent Federal Register notice.
APPLICABLE CHEMICALS AND REGULATIONS
A list of the substances (or class of substances) subject to the
TSCA section 12(b) rule is provided in Volume 2, Part IV. A
second listing of these chemicals, by CAS number, is included in
Volume 2, Part V. Also listed in Part IV is a reference to the
"triggering" action under sections 4, 5, or 6 of TSCA.
NOTE; If the EPA action that prompts the notice is a proposed
rule, the section 12(b) notice must be submitted for exports
beginning thirty days after publication of the action in the
Federal Register.
C, US. GOVERNMENT PRINTING OFFICE: 1984 - 425-554 - 814/3104
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