5 Steps To Complete Tsca Import Certification Form

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Importing chemicals and substances into the United States requires compliance with various regulations, including the Toxic Substances Control Act (TSCA). One crucial step in this process is completing the TSCA Import Certification Form. This form ensures that importers are aware of and comply with TSCA regulations, which aim to protect human health and the environment from the risks associated with chemical substances.

Failure to comply with TSCA regulations can result in severe penalties, including fines and delays in import clearance. Therefore, it is essential for importers to understand the requirements and procedures for completing the TSCA Import Certification Form.

What is the TSCA Import Certification Form?

The TSCA Import Certification Form is a document that must be completed by importers of chemical substances and mixtures. The form certifies that the imported substance complies with TSCA regulations and that the importer is aware of any applicable requirements.

Importance of TSCA Compliance

TSCA compliance is crucial for importers, as non-compliance can result in severe penalties, including fines of up to $37,500 per day. Additionally, non-compliant imports may be detained or seized by U.S. Customs and Border Protection (CBP).

Step 1: Determine if Your Substance is Subject to TSCA

The first step in completing the TSCA Import Certification Form is to determine if your substance is subject to TSCA regulations. TSCA applies to all chemical substances and mixtures, unless specifically exempt.

To determine if your substance is subject to TSCA, you can:

• Check the TSCA Inventory, which lists all chemical substances that are subject to TSCA regulations.
• Consult with the U.S. Environmental Protection Agency (EPA) or a qualified professional.

Exemptions from TSCA

Some substances are exempt from TSCA regulations, including:

• Substances that are regulated by other federal agencies, such as the Food and Drug Administration (FDA) or the Occupational Safety and Health Administration (OSHA).
• Substances that are imported for research and development purposes.
• Substances that are imported in small quantities for personal use.

Step 2: Identify the Applicable TSCA Requirements

Once you have determined that your substance is subject to TSCA, you must identify the applicable requirements. TSCA requirements vary depending on the substance and its intended use.

Some common TSCA requirements include:

• Premanufacture notification (PMN) requirements for new chemical substances.
• Reporting requirements for chemical substances that are subject to TSCA regulations.
• Labeling and safety data sheet (SDS) requirements.

Premanufacture Notification (PMN) Requirements

If you are importing a new chemical substance, you may be required to submit a PMN to the EPA. The PMN must include information about the substance, including its identity, production volume, and intended use.

Step 3: Complete the TSCA Import Certification Form

Once you have identified the applicable TSCA requirements, you can complete the TSCA Import Certification Form. The form must be completed accurately and truthfully, as false or misleading statements can result in severe penalties.

The TSCA Import Certification Form requires the following information:

• The identity of the substance, including its chemical name and CAS number.
• The quantity of the substance being imported.
• The intended use of the substance.
• A certification statement, which must be signed by the importer.

Electronic Filing Options

The EPA offers electronic filing options for the TSCA Import Certification Form. These options include:

• The Electronic Document Submittal System (EDSS), which allows importers to submit electronic copies of the form.
• The Automated Export System (AES), which allows importers to submit electronic copies of the form and other required documents.

Step 4: Submit the TSCA Import Certification Form

Once the TSCA Import Certification Form is complete, it must be submitted to the EPA. The form can be submitted electronically or by mail.

• Electronic submissions: The EPA offers electronic filing options for the TSCA Import Certification Form. These options include the EDSS and the AES.
• Mail submissions: The form can be mailed to the EPA's TSCA Import Certification Form address.

Deadlines for Submission

The TSCA Import Certification Form must be submitted to the EPA before the substance is imported into the United States. The deadline for submission is typically 30 days before the expected arrival date of the substance.

Step 5: Maintain Records and Comply with TSCA Regulations

After submitting the TSCA Import Certification Form, importers must maintain records and comply with TSCA regulations. This includes:

• Maintaining records of the substance, including its identity, production volume, and intended use.
• Complying with labeling and SDS requirements.
• Reporting any changes to the substance or its intended use.

Record-Keeping Requirements

Importers must maintain records of the substance for at least 5 years. These records must include:

• The identity of the substance, including its chemical name and CAS number.
• The quantity of the substance being imported.
• The intended use of the substance.

By following these 5 steps, importers can ensure compliance with TSCA regulations and avoid severe penalties. It is essential to understand the requirements and procedures for completing the TSCA Import Certification Form to ensure a smooth import process.