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TSCA Certificate of Compliance

By Little Pro on 2015-12-30 Views:  Update:2017-01-18

A TSCA certificate is a self-declaration document to show customs that all chemical substances imported into the United States either comply with the Toxic Substance Control Act (TCSA) at the time of import (positive certification) or not subject to TSCA requirements (negative certification). Customs can refuse entry of any shipment that does not have a TSCA certification.

TSCA certificate is not required for articles and tobacco products. For other chemicals, you may follow the picture below to determine whether you need a positive certification or a negative certification.

TSCA Import Certificate Process

It shall be noted that TSCA import certification statement is not required for companies who are based outside of the United States. However, exporters will need to provide product composition info so that their importers can determine product's regulatory compliance status under TSCA.

Filing of TSCA Certificate

TSCA import certification statements must be filed by importers with the director of the port of entry of the shipment. For chemical imports that do not enter through a customs port, such as import via regular mail or courier, certification statements may be submitted to the following EPA address:

Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460-0001 (Attention: TSCA Section 13 Coordinator).

How to Determine If a Chemical Is Compliant with TSCA?

Firstly, you need to check if every substance in your product is listed on the TSCA Inventory of Chemical Substances. A substance that is not listed on TSCA Inventory will be regarded as a new substance and be subject to pre-manufacture notice requirement (PMN) prior to its import.

Secondly, you shall check if your substance is subject to Significant New Use Rules (SNURs) requirements under TSCA. Substances that are subject to SNUR requirements are designated as such by an "S" flag in the TSCA Inventory listing. If your chemical substance is subject to a SNUR and your intended manufacture, processing, or use of the substance is a significant new use, you would be required to submit a Significant New Use Notice (SNUN) 90 days prior to the manufacture of that substance.

Thirdly, you shall check if your products comply with TSCA restriction requirements on Polychlorinated Biphenyls (PCBs) and Asbestos.

TSCA Compliance Certificate Example

The picture below is an example of TSCA import certificate statement. By clicking the picture, you can download the word version to make your own statement.

TSCA Certificate Example

 

 Tags: Topics - USAREACH-like Regulation and Registration

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