Office of Enforcement and Complia

Compliance Guide FChemical Import Reqthe Toxic Substance
Compliance Guide For The Chemical 

TABLE OF CON

This guide describes the chemical imports requirements under the Toxic Substances Control Act (TSCA). It is a compliance assistance tool only and is not a substitute for applicable laws or regulations. I. INTRODUCTION..............................For a complete understanding of all legal requirements, the reader must refer to the applicable federal statutes and regulations. This guide neither changes nor replaces any applicable legal requirements, nor does it create any rights or benefits. It includes references to the roles of the U.S. Environmental Protection Agency (EPA) and U.S. Customs and Border Protection (CBP) but the information is provided for context only. Any rules or orders issued by the U.S. Environmental Protection Agency, U.S. Customs and Border Protection or other agencies take precedence over this guide. 

II. III. IV. 

WHAT IS THE TOXIC SUBSTANCE

AS AN IMPORTER, DOES TSCA A

WHAT CHEMICAL SUBSTANCES, 

ARE SUBJECT TO BY TSCA?.......

V. WHAT TSCA PROVISION SPECIFI

ENTRY OF CHEMICAL SUBSTANC

ARTICLES INTO THE UNITED STA

V.A. TSCA Section 13 -- Entry Into tUnited States...................................

V.B. Abbreviated Overview of TSCA Requirements..............................V.C. Other Certification Considerati

VI. WHAT ARE THE MAJOR SECTION

TSCA IMPORT CERTIFICATION IS 

 REQUIREMENTS APPLY? .............

VI.A. TSCA Section 5 New Chemica

VI.A.1. TSCA Section 5 -- PVI.A.2. TSCA Section 5 (e) VI.A.3 TSCA Section 5 -- S(SNURs) .............................VI A.4. Exemptions to Secti

VI.B. TSCA Section 6 -- Regulation Substances and Mixtures ................VI.C. TSCA Section 7 -- Imminent H

VI.D. TSCA Section 13 -- Import CeProcess............................................

i 
II 

Compliance Guide For The Chemical Import Requirements of TSCA 

TABLE OF CONTENTS (CONTINUED)

VII. WHAT OTHER TSCA PROVISIONS APPLY TO THE IMPORTER? 

.......................................................................................................... 8 

VII.A. TSCA Section 4 -- Testing of Chemical Substances and Mixtures ...............................................................................................8 VII.B. TSCA Section 8 -- Reporting and Retention of Information ......9 VII.C. TSCA Section 12(b) -- “Export Notification” Rule...................10 

VIII. WHAT PROVISIONS OTHER THAN TSCA APPLY TO THE 

IMPORTER? ...................................................................................10 

Appendix.....................................................................................................11I. CONTACTS AND RESOURCES FOR TECHNICAL ASSISTANCE. 

I.A. TSCA Assistance Information Service (TAIS) / TSCA Hotline ...11 

I.B. EPA Regional Contacts ..............................................................12I.C. Internet Sites...............................................................................13I.D. Publications and Other Information Sources..............................16

TSCA SECTION 13 IMPORT COMPLIANCE CHECKLIST.........19 

Compliance Guide For The Chemic

I. INTRODUCTION The purpose of this guide is to help people wbetter understand the applicable laws and reEnvironmental Protection Agency. Although other statues, its primary focus is the Toxic Sdocument does not replace any Federal laws II. WHAT IS THE TOXIC SUBSTANCECongress enacted the Toxic Substances Co[Public Law 94-469, October 11, 1976]. Undauthority to issue regulations designed to gainformation on, require testing of, and controsubstances, chemical mixtures, and articles. the chemical importer of record (importer, incunderstand their responsibilities under TSCA the Act and its requirements, in particular thoimportation. Please note that the best authority for informand the regulations that are published by EPA Regulations, Title 40 (40 CFR) Part 700 throuCustoms and Border Protection (Customs or through 12.127 and 127.28 (amended). (Rehttp://www.access.gpo.gov/nara/cfr/waisidx_

http://earth1.epa.gov/oppt/chemtest/pubs/po

III. AS AN IMPORTER, DOES TSCA AIf you import chemical substances, mixtures TSCA and generally must meet the same rechemical manufacturer in the United States. the term “manufacture” includes: 

“to import into the customs territory of thgeneral headnote 2 of the Tariff Scheduproduce or manufacture.” 1 

It is important that you are in full compliance wregulations and other relevant statutes (e.g., 

1 General headnote 2 of the Tariff Schedules of the 

Territory of the United States. The term “customs territo

schedule, includes only the States, the District of Colu

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Compliance Guide For The Chemical Import Req

uirements of TSCA Compliance Guide For The Chemic

Conservation and Recovery Act, Federal Insecti

cide, Fungicide and 

Rodenticide Act) before you import TSCA-covered chemical substances, 

mixtures, or articles into the United States. Non-com

plian

ce with T

SCA can 

result not only in detained shipments and/or denied entry, but can lead to substantial civil and/or cri

minal penalties. 

IV. WHAT CHEMICAL S

U

B

STAN

CES, MIXTURES AND 

A

R

TIC

L

ES 

ARE SUBJECT TO T

S

C

A? 

EPA’s authority under TSCA extends to all materials that are “chemical substances,” “mixtures,” or “

articles” as d

efined under TSCA. TSCA 

regulations currently exempt certain classes of materials (e.g., the TSCA Section 13 Import Certification regulation currently exe

mpts imported articles). 

The definitions of these terms are provided belo

w: 

Chemical Substance: 

“. . . any organic or inorganic substance of a particul

ar molecul

ar 

identity, inclu

ding -- (i) any combination of such substances occurrin

g in 

whole or in part as a result of a chemical reaction or occurring in nature and (ii) any element or uncombine

d radical.” 

It is important to note that the term “chemic

al substance” als

o

inclu

d

es microorganisms. 

TSCA Section 3 states that the term chemical substan

ce does not include the 

followin

g, whi

ch are regulated by other federal laws: 

• “to

bacco or an

y tobacco product,” 

• a “pesticide” as d

efined under the Federal Insecticide, Fungicide, 

and Rodenticide Act (FIFRA) when pr

o

duced, imported, processed or 

distributed in commerce for use as a pesticide, 

• a “source m

aterial,” “special nuclear material,” or “b

y

product 

mat

erial” as 

d

efine

d by the Ato

mic Energy 

A

ct of 1

9

5

4, (A

E

A) and 

regulations issue

d under that act. It is important to note that some 

radioactive m

aterials not defined by the AEA are subject to TSCA, 

e.g. Technolo

gically Enhanced Naturally Occurrin

g Radioactive 

Materials (TE

N

O

RM). 

• an article (i.e., firearms and ammunition) the sal

e of whi

ch is subject 

to the tax impose

d under S

ection 4181 of the Internal Revenue 

Service Cod

e of 1954 (determined without regard to the exemptions 

from such tax provided by Sections 4182 or 4221 or any other 

provision of such cod

e), 

• a “food,” “food additi

v

e,” “drug,” 

defined in S

e

ction 2

01 of the Federa

(FFDCA) when produced, imported, commerce for use as a foo

d, food ad

Mixture: A “mixture” is d

efined under S

“Any combination of two or more chemi

c

combination does not occur in nature anthe result of chemical reaction; except thany combination whi

ch occurs, in whole 

chemi

cal rea

ction if none of the chemi

ca

mixture is a n

ew chemi

cal substan

c

e an

have been manufa

ctured (including impo

without a che

mical rea

ction at the time th

comprising the combination were combin

“Article” is n

ot defined under TSCA itself, bu

regulations implemented by CBP or EPA. UCFR Section 12.120(a), concernin

g, among 

substan

c

es into the Custo

ms territory of the 

Section 13, “article” is d

efined as follows: 

Article: 

(a) Article — (1) Article 

means a manufactured item w

shape or d

esign during manufacture, (ii) 

in whole or in part upon its shape or d

es

has either no change of chemical com

po

those changes of composition which have fr

o

m that of the article 

and that may occu

12.120(a)(2); exc

ept that fluids and parti

regardl

ess of shape or d

esign. 

(2) The allowable changes of compositi

2 While it is true that mixtures are not reportable under I

the mixture might be (see 710.4 (c)(2), which identifies inventory). A mixture is defined in '710.3(d); 

Note: A chemical substance that is manufactured aregulations. This exclusion applies only to the mixtuwhich the mixture is comprised. The term Amixture@ frits, and cements, including Portland cement. 

June 2008 2 3 
Compliance Guide For The Chemical Import Requirements of TSCA Compliance Guide For The Chemic

12.120(a)(1), are those which result from a chemical reaction that occurs upon the end use of other chemical substances, mixtures, or articles such as adhesives, paints, miscellaneous cleaners or other household products, fuels and fuel additives, water softening and treatment agents, photographic films, batteries, matches, and safety flares in which the chemical substance manufactured upon end use of the article is not itself manufactured for distribution in commerce or for use as an intermediate. An Article is also defined under TSCA regulations at 40 CFR Sections 704.3, 710.3(d), and 720.3(c). It is also important to note that chemical substances and mixtures are considered to be imported as part of an article only if the substances or 

mixtures are not intended to be removed/released from the article and they have no end use or commercial purpose separate from the article of which they are a part. See Federal Register Notice, number 42, (42 FR), at p. 64583, (December 23, 1977). 

V. WHAT TSCA PROVISION SPECIFICALLY CONCERNS THE ENTRY 

OF CHEMICAL SUBSTANCES, MIXTURES, AND ARTICLES INTO THE UNITED STATES? 

V.A. TSCA Section 13 Entry Into the Customs Territory of the United 

States 

(See 40 CFR Part 707.20 “General Import Requirements and Restrictions” 

and 19 CFR Sections 12.118 through 127.128) 

TSCA Section 13 requires that any chemical substance, mixture, or article containing a chemical substance or mixture be refused entry into the customs territory of the United States if it fails to comply with any rule in effect under TSCA or is offered for entry in violation of TSCA Sections 5, 6, or 7. TSCA Section 13(b) states that the Secretary of Treasury (CBP) after consulting with the EPA Administrator shall issue rules for the administration of Section13(a). These rules were issued in August 1983 and are codified at 19 CFR, Sections 12.118 through 12.127 and 127.28(i). They require that the importer certify that the chemicals either comply with TSCA, (a “positive certification”), or that the chemicals are not subject to 

TSCA, (a “negative certification”). EPA has also issued a ‘statement of policy’ for TSCA imports in December 1983 found at 40 CFR Section 707.20. CBP can refuse entry of any shipment that does not have a TSCA certification. An importer of record provides the certification by signing one of the following statements to be typed, preprinted on the invoice, or otherwise included in the entry documentation: 

+ Positive Certification Statement: “I ce

in this shipment comply with all applicable that I am not offering a chemical substanany applicable rule or order under TSCA.

_ Negative Certification Statement: “I 

substances in this shipment are not sub

V.B. Abbreviated Overview of TSCA Ce

 Item 

V.C. Other Certification Considerations Certification is also required for substances tby mail or commercial carrier, including thosdevelopment. In addition, a “blanket” certificaCBP District Director on an annual basis to csame chemical over a one year period. VI. WHAT ARE THE MAJOR SECTION

IMPORT CERTIFICATION IS REQUREQUIREMENTS APPLY? 

Current TSCA import certification requiremenwith TSCA Sections 5, 6, and 7. The followirequirements under those sections. 

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Compliance Guide For The Chemical Import Requirements of TSCA Compliance Guide For The Chemic

VI.A. TSCA Section 5: New Chemical Substances VI.A.1. TSCA Section 5: Premanufacture Notification (See 40 CFR Parts 700, 720, 723, 725 and 747) If you are importing chemicals or chemical-containing items into the United States, you must determine whether or not any chemical imported in bulk or as a part of a mixture, is a TSCA chemical substance and/or a “new chemical substance” prior to its importation for a nonexempt commercial purpose. Under TSCA Section 5, persons who intend to manufacture or import a “new chemical substance” into the United States must submit a pre-manufacture notice (PMN) to EPA at least 90 days prior to importation to enable EPA to determine whether the new chemical may present an unreasonable risk to human health or the environment. A new chemical substance is one that is not already in commerce in the United States, as determined by inclusion in the TSCA Inventory of Chemical Substances maintained by EPA. New chemical substances include certain genetically modified microorganisms (also known as intergeneric microorganisms). When the PMN is approved and the substance is imported, a “Notice of Commencement” (NOC) is required to be submitted to EPA within 30 days of the first importation. Following receipt of this NOC, the subject chemical substance will be added to EPA’s TSCA Inventory of existing chemical substances for the purposes of future importation and/or domestic production. VI.A.2. TSCA Section 5 (e): Consent Orders If you are a manufacturer or importer who has signed a consent order issued by EPA under Section 5(e) of TSCA, you must also determine whether a chemical substance intended to be imported into the United States is subject to that order. If so, the chemical substance must be in compliance with the provisions of the consent order before it may be imported into the United States. VI.A.3. TSCA Section 5: Significant New Use Rules (SNURs) (See 40 CFR Part 721) Prior to importation of a chemical substance subject to TSCA into the United States, an importer must determine whether the substance is subject to a Significant New Use Rule issued under Section 5 of TSCA. Section 5 authorizes EPA to designate use of a chemical substance as a “significant new use,” and require the submission of information to EPA prior to the chemical substance being manufactured (including imported) or processed for that use. 

June 2008 6 

VI.A.4. Exemptions to Section 5 of TSCA Section 5 also provides for certain exemptiochemicals. For specific details, see the reguPlease note, TSCA compliance certification chemicals. 

• Research and Development Exemp• Test Marketing Exemption - See 40 • Low volume/low release/low exposu

CFR Section 723.50 

• Polymer Exemption - See 40 CFR S

VI.B. TSCA Section 6 Regulation of Haz

and Mixtures 

(See also 40 CFR Parts 747, 749, 761, and An importer must also determine whether a cimport into the United States is subject to a rTSCA. Section 6 authorizes EPA to take regunreasonable risk of injury to human health omanufacture (including importation), processuse, or disposal of a chemical substance or promulgated regulations under Section 6 apbiphenyls (PCBs), asbestos, certain metal wchromium. The importation of PCBs, or articunder TSCA with some specific exemptions. certain asbestos-containing products, such acorrugated paper, rollboard, and specialty paVI.C. TSCA Section 7 Imminent Hazards Because imports are required to comply with issued under Section 7 of TSCA, importers nrequirements. Section 7 authorizes EPA to cseizure of a chemical substance, mixture, or substance or mixture, which EPA has determand/or for other relief against any person whprocesses, distributes in commerce, uses, ohazardous chemical substance or mixture or substance or mixture. 

7 
Compliance Guide For The Chemical Import Requirements of TSCA Compliance Guide For The Chemic

VI.D. TSCA Section 13 Import Certification Decision-Making Process [Note that importers’ responsibilities under TSCA Sections 4, 8, and 12(b) are dealt with briefly in the following sections of this document. Because TSCA Sections 4, 8, and 12(b) regulations/requirements do not affect importers’ responsibilities under TSCA Section 13, they are not reflected in this decision process. For a more detailed overview of the decision-making process, see Appendix II – TSCA Section 13 Import compliance Checklist]. VII. WHAT OTHER TSCA PROVISIONS APPLY TO THE IMPORTER? Be aware that imports must also be in compliance with certain other sections of TSCA, although current regulations require certification at the time of import 

only for compliance with TSCA Sections 5, 6, and 7. VII.A. TSCA Section 4 Testing of Chemical Substances and Mixtures (See 40 CFR Parts 790, 791, 792, 799 and 766) Under Section 4 of TSCA, EPA has the authority to require manufacturers 

June 2008 8 9 

(including importers) and processors of chemconduct testing on the health and environmeand mixtures. A person who imports or intenor mixture subject to a test rule under Sectiorequirements unless the importation qualifieregulations at 40 CFR Section 790.42, or unParts 766 or 799. Following promulgation of responsibility to comply with the rule continuthe date the data from all required tests have time equal to that which was required to devlonger. Importers therefore have a continuing whether a chemical substance or mixture whis subject to a test rule. VII.B. TSCA Section 8 Reporting and ReSection 8 of TSCA authorizes EPA to require (includes import), process, and distribute in cchemical substances and mixtures to keep cinformation to EPA. Specific TSCA Section documents in the case of Section 8(e)) that a

• TSCA Section 8(a) Inventory Update 

Further information is provided at ww

• TSCA Section 8(a) Preliminary Asse

(PAIR) Rule – see 40 CFR Part 712 

• TSCA Section 8(a) Chemical Specif

Rules – see 40 CFR Part 704 Subpa

• TSCA Section 8(c) Allegations of Sig

Recordkeeping and Reporting Rule 

• TSCA Section 8(d) Unpublished Hea

Rule – see 40 CFR Part 716 

• TSCA Section 8(e) Substantial Risk 

Requirement (Statutory Provision) – Statement (43 FR at p. 11110, MarcSection 8(e) Reporting Guide (June TSCA Hotline). 
Compliance Guide For The Chemical Import Requirements of TSCA Compliance Guide For The Chemic

VII.C. TSCA Section 12(b) “Export Notification” Rule (see 40 CFR Part 707 Subpart D). Chemical exporters are potentially subject to Section 12(b) of TSCA. EPA’s TSCA Section 12(b) export notification requirements apply to chemical substances or mixtures under the following conditions: data are required under TSCA Section 5(b), an order has been issued under TSCA Section 5, a proposed or final rule has been issued under Sections 5 or 6, or an action is pending or relief has been granted under Sections 5 or 7. With regard to Section 4 of TSCA, only those chemical substances or mixtures listed in final 

Section 4 test rules and Section 4 Enforceable Consent Agreements (ECAs) are subject to the export notice requirements under Section 12(b). Notification of export is generally not required for articles, as provided by 40 CFR Section 707.60(b). VIII. WHAT PROVISIONS OTHER THAN TSCA APPLY TO ME AS AN 

IMPORTER? 

It is important to understand that your product may be subject to other, nonTSCA statutory or regulatory requirements administered by EPA, including: the Clean Air Act, the Solid Waste Disposal Act, the Federal Insecticide, Fungicide and Rodenticide Act, and the Comprehensive Environmental Response, Compensation and Liability Act. In addition, other federal agencies may have requirements that apply to your imports including, but not limited to: the US Customs and Border Protection, the Bureau of Alcohol, Tobacco and Firearms, and the Food and Drug Administration. Additionally, international requirements such as the Stockholm Convention on Persistent Organic Pollutants (POPs), the Rotterdam Convention on the Prior Informed Consent, Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, (PIC), and the Protocol to the 1979 Convention on Long-Range Trans-boundary Air Pollution on Persistent Organic Pollutants (LRTAP), as well as regulations promulgated by the European Union, e.g. EC 304/2003 may apply. You may wish to visit the Border Compliance Assistance Center at: http://www.bordercenter.org/ “Environmental Import-Export Issues” for 

additional information regarding the requirements of EPA administered statutes and international agreements. 

Appendix I. CONTACTS AND RESOURCES FI.A. TSCA Assistance Information SerU.S. Environmental Protection Agency Office of Pollution Prevention and Toxics Environmental Assistance Division 1200 Pennsylvania Ave., NW, Washington, D.C., 20460 Phone: (202) 554-1404, TDD: (202) 554-055Fax: (202) 554-5603 E-mail: TSCA-Hotline@epa.gov Hours of Service: 8:30 a.m. - 5:00 p.m. (ESTSponsored by the Office of Pollution Prevenprovides information assistance to chemical storers, disposers, importers and exporters cTSCA. The Service also operates as an infoassociations, government agencies, domestembassies, attorneys, and private citizens. 

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uirements of TSCA Compliance Guide For The Chemic

I.B. EPA Regional Contacts For guidance on the proper procedures to correct any deficiencies in a shipment, contact 

I.C. Internet Sites 

the follo

wing EPA regional offices: 

EPA Region 1 (CT, MA, ME, NH, RI, VT) Pesticides, Toxics, and Urban Progra

ms 

Mail Code: CPT One Congress Street, Suite 1100 Boston, MA 02114-2023 

Phone: (617) 918-1591 Website: 

www.epa.gov/region01/ 

EPA Region 2 (NJ, N

Y, PR, VI) 

Pesticides and Toxic Substances Branch Mail Code: 105 2890 Woodbridge Avenue Edison, NJ 08837-3679 Phone: (732) 321-6765 Website: www.epa.gov/region02/ 

EPA Region 3 (DC, D

E, MD, PA, VA, 

WVA) Toxics Progra

m and Enforce

ment Branch 

Mail Code: 3WC33 1650 Arch Street Philadelphia, P

A 19103-2029 

Phone: (215) 814-2080 Website: www.epa.gov/region03/ EPA Region 4 (AL, FL, GA, KY, MS, N

C, 

SC, TN) Pesticides and Toxic Substances Branch Mail Code: AP

T

MD/TS 

61 Forsyth Street, SW Atlanta, GA 30303-8960 Phone: (404) 562-8956 Website: www.epa.gov/region04/ 

EPA Region 5 (IL, IN, MI, 

MN, OH, WI) 

Pesticides and Toxics Enforce

ment Section 

Mail Code: DT8J 77 West Jackson Boulevard Chicago, IL 60604-3507 Phone: (312) 886-6879 Website: www.epa.gov/region5 

EPA Region 6 (AR, LA, NM, OK, TX) Toxics Section Mail Code: 6PD-T 1445 Ross Avenue, Suite 1200 Dallas, T

X 75202-2733 

Phone: (214) 665-6714 Website: www.epa.gov/region06/ 

EPA Region 7 (IA, KS, MO, NE) 

Air, RCRA, and Toxics Division 

Mail Code: AR

T

D/CRIB 

726 Minnesota Avenue Kansas City, M

O 66101 

Phone: (913) 551-1404 Website: www.epa.gov/region07/ 

EPA Region 8 (CO, MT, ND, SD, UT, WY) Pollution Prevention and Pesticides and Toxics Program Mail Code: 8PP3T 1595 Wynkoop Street Denver, CO 80202-1129 Phone: (303) 312-6147 Website: www.epa.gov/region08/ EPA Region 9 (AZ, CA, HI, NV, AS GU) Toxics Office Mail Code: CED-4 75 Ha

wthorne Street 

San Francisco, CA 94105 Phone: (415) 947-4180 Website: www.epa.gov/region09 EPA Region 1

0 (AK, ID, OR, WA) 

Solid Waste and Toxics Unit Mail Code: W

CM-128 

1200 6th Avenue Seattle, W

A 98101 

Phone: (206) 553-1716 Website: www.epa.gov/region10/ 

The Bor

der Compliance Assistance Cente

Website: www.bordercenter.org 

The Border Complian

ce Assistance Center o

anyone ship

ping regulated materials 

a

cross 

is conveniently arranged int

o three main are

hazard

ous waste from M

exico, (2) shipments 

from Canada, and (3) Ch

e

mical Import-Expo

information on importin

g and exportin

g chem

on importing a motor vehicle into the United information on existing internation

al agreeme

The site includes a ‘news section’ to kee

p bu

informed. The Border Complian

ce Assistance Center w

National Center for Manufacturing Sciences sponsored Centers. 

ChemAlliance Regulatory Information for Website: 

www.ChemAlliance.org 

Che

mAllianc

e is a sour

c

e of u

p-to-date inf

envir

onmental re

gulations affecting the che

oper

ated by 

a partnership of envir

onmental 

government and industr

y. The site 

offers ac

inf

ormation, regulatory and complian

c

e too

inf

ormation. 

U.S. EPA Office of Pollution Prevention aWebsite: 

w

w

w.epa.gov/oppt/ 

OPP

T is responsible f

or i

mplementing T

SC

environmental rules and legisl

ation. The OP

about and links to: OPPT 

projects and 

pro

g

Pr

o

gram); other infor

m

ation res

ourc

es (e.g

libraries, and hotlin

es); OPPT publications; 

information databases and softw

are. 

TSCA Section 13 Req

uire

ments Program 

Website: http://www.epa.gov/oppt/chemt

est/

Phone: (202) 564-4780 This site pro

vides inform

ation on Se

ction 13 

June 2008 12 13 
Compliance Guide For The Chemical Import Requirements of TSCA Compliance Guide For The Chemic

requirements. Additional information may be obtained from the Chemical Information and Testing Branch. 

TSCA Inventory (Public Version) Website: http://msds.ehs.cornell.edu/tscasrch.asp 

Cornell University offers user access to the non-confidential (public) TSCA Inventory through a searchable database in the Health and Safety section of their homepage. To conduct a search, the user must enter a CAS number or a full chemical name. Important Note: For the most accurate information about the status of a chemical in regard to the public portion of the TSCA Inventory, contact the Chemical Abstract Service (CAS) at 800-631-1884 

Chemical Abstract Service Website: www.cas.org/ 

Phone: (800) 631-1884 Chemical Abstract Service, a division of the American Chemical Society, is the producer of the world’s largest and most comprehensive databases of chemical information. The public (i.e., non-confidential) portion of the TSCA Inventory is available online for members for searches through the Science and Technology Network (STN). CAS also provides information regarding chemical lists of other countries. Please see, “Bona Fide Searches” for information about the confidential portion of the TSCA Inventory. 

TSCA Inventory Update Reporting (IUR) Website: www.epa.gov/oppt/iur 

Phone: (202) 260-2523 This site provides information on Inventory Update Reporting requirements. Additional information may be obtained from the TSCA Hotline at (202) 554-1404. Existing Chemicals Program Website: http://www.epa.gov/oppt/chemtest/index.htm 

Phone: (202) 564-4780 This site provides information on existing chemicals. Additional information may be obtained from the Chemical Information and Testing Branch 

Bona Fide Searches Website: www.epa.gov/oppt/newchems/pubs/fin

Phone: (202) 564-8963 This site provides information on how to deconfidential portion of the TSCA Inventory. be obtained from the New Chemicals prog

New Chemicals ProgramWebsite: www.epa.gov/oppt/newchems/ 

This site describes the procedure for filing TNotifications,” obtaining forms, and reachinAdditional information may be obtained frothe TSCA Hotline at (202) 564-1404. 

TSCA Testing Program 

Website: www.epa.gov/oppt/chemtest/ 

Phone: (202) 564-4780 This site describes OPPT’s TSCA Testing aProgram and its objectives, and serves as about core TSCA regulations. Additional ithe Chemical Information and Testing BraTSCA, 15 U.S.C. Chapter 53 

Website: http://www.access.gpo.gov/uscodThe TSCA statute and all of its amendmendownloading through the GPO Access weTSCA Federal Register Notices Website: www.epa.gov/fedrgstr/EPA-TOX/ 

TSCA Federal Register Notices are arrangesince October of 1994. Important Federal before that date is archived by date and titBiotechnology Home Page Website: www.epa.gov/oppt/biotech/ 

Phone: (202) 564-8974 

Under the scope of TSCA, genetically engireportable under the TSCA Inventory repo710). At this Internet site, users can downlodocuments for reporting, risk assessments 

June 2008 14 15 
Compliance Guide For The Chemical Import Req

uirements of TSCA 

reports. For a

d

ditional information, contact the N

e

w Chemicals Branch. 

Toxics & Pesticides Enforcement Di

vision (Need to Change this) 

Website: www.epa.g

o

v/compliance/about/offices/division/tped.html 

This division of the Office of Enforcem

ent and Compliance Assurance 

(OECA) handles enforc

ement activities for 

T

S

C

A, FIFRA, and EPCRA. 

Users ha

ve 

a

ccess to enforcement response poli

cies, enforcement guidance, 

civil penalty 

p

olicies, and information about Supplemental Environmental 

Projects (SEPs). The Right to Know Netw

ork 

Website: www.rtknet.org 

RTK 

N

et was started in 1989 in support of the Emergency Planning and 

Community 

Right to Know Act (EPCRA), which requires that information be 

made avail

a

ble via the 

T

RI. TSCA informati

on is available through chemic

al 

fact sheets, IRIS, and 

other databases such as the 

T

S

C

A Test Submissions 

(T

S

CATS) d

atab

ase. TSCATS contains un

published toxicol

o

gical and 

ecologic data submitte

d by industry under Sections 4 test rules, 8(d) health 

and safety studies, 8(e) substantial risk n

otices, and “

For Your Information” 

FYI su

b

missions. 

I.D. Publications and Other Information Sources The following publications contain supplementary information on TSCA and TSCA-related issues: Toxic Substances Control Act: A Guide for Chemical Importers/Exporters (EPA 560/1-91-001), U.S. EPA, Office of Toxic Substances, April 1991. TSCA Import Complian

ce Che

cklist (EP

A 740-B-08-001), U.S. EPA, Office of 

Pollution Pre

vention and T

oxics, April 2008. 

New Chemicals Pro

gram (Brochure) (EPA 743-F-95-001), U.S. EPA, Office of 

Pollution Pre

vention and T

oxics (OPPT), May 1995. 

Laym

a

n’s Guide to TSCA (Brochure) (EPA 560/1-87-011), U.S. EPA, Office of 

Toxic Substances, June 1987. TSCA Inventory (Public Versi

on)

Website: www.ntis.gov/Phone: (800) 553-NTIS 

To buy a full copy of the public (i.e., non-confidential) portion of th

e TSCA 

Inventory, users must purchase it on disk or 

C

D ROM from the National 

June 2008 16 

Compliance Guide For The Chemic

Technical Inf

ormation 

S

ervice (NTIS). At t

pri

ce inf

orm

ation and ordering num

bers to 

Master Testing List 

Website: http://www.epa.go

v/opptintr/chem

The M

aster T

esting List (MTL) is used 

b

y O

Existing Chemical Testing Pro

gram agenda

consolidated listing of OPP

T’s existin

g chem

as those 

of other EPA pro

gram 

offices, oth

T

S

CA Interagency Testing Committee, and 

such as 

O

E

C

D.

O P P 

T Chemical 

F

a

ct Sh

e

ets 

Website: www.epa.g

ov/oppt/chemfact/ 

To obtain copies of these and other public

at

Information S

ervic

e, or y

ou m

ay 

c

onta

ct: 

Nati

o

nal S

ervice Center for E

n

vironmen

U.S. Environmental Pr

otection Agency 

Website: www.epa.g

o

v/ncepihom/index.htm

PO Box 42419Cincinn

ati, OH 

45242-2419

Phone: (513) 489-819

0

T

oll free: (800) 490-9198

F

ax: (513) 489-86

9

5

N

S

CEP is the c

entral repository an

d distrib

publications. NSCEP produces the AnnuaCatalog and maintains an in-hous

e invento

publications available t

o the 

public fre

e of c

Nati

o

nal E

n

vironme

ntal Publi

cations Int

Website: htt

p://nepis.epa.gov/ 

NEPI 

allows users to search, view, and pri

of EPA’s technical and pu

blic information d

OPP

T Chemicals Library 

Website: http://www.epa.go

v/oppt/libr

ary/ 

The library provi

d

es the 

g

eneral public, env

educational organizers, state an

d local org

int

erested p

arties with 

access to many of 

O

and servic

es.

17 
Compliance Guide For The Chemical Import Req

uirements of TSCA 

Nati

o

nal Te

chnical I

nform

ation S

ervice (NTIS) 

U.S. Department of 

C

ommerce Springfield, VA 22161

F

or subscriptions or orderin

g options:

Phone: (703) 605-606

0 Toll Fre

e: (800) 363-206

8

F

or other items: 

Phone: (703) 605-6000 T

oll Fre

e: (800) 553-6847 

F

ax: 703-321-8547 

NTIS sells copi

es of the 

public porti

on of the TSCA Inventory on disk and 

CD-R

OM. 

Appendix II TSCA Section 13 Import Compliance Checklist 

Disclaimer 

This checklist is a com

plian

ce assistance tool only and is not a substitute for 

appli

cable laws or regulations. It does not create any legal rights or defenses 

to enforc

ement actions for failure to co

m

ply with environmental laws or 

regulations. This checklist is not a substitute for the TSCA statute and regulations and is not designed to provide importers with sufficient detail to ensure com

plete certainty of the compliance status of some chemi

cals. The 

information and analysis provided h

erein may not be compl

ete. For gre

ater 

certainty, importers should refer to the 

T

SCA statute, regulations, interpretive 

guidance, and personnel at the U.S. Customs and Border Prote

ction and/or 

U.S. Environmental Prote

ction Agency. Complian

ce with the TSCA import 

certification requirements will be based solely on TSCA and its regulations. Please also n

ote that, while the current TSCA import rule requires certification 

of compliance with only Sections 5, 6 and 7, other T

SCA requirements may 

apply to imported chemi

cals, for example, under Sections 4, 8 and 12(b) of 

TSCA. 

Compliance Guide For The Chemic

PURPOSE -- HOW TO C

OMPLY WITH TSC

REQUI

REME

NTS 

This checklist provides a simplified decision determine how to certify their chemi

cal i

mpo

regulatory requirements under Section 13 of (TSCA). The checklist is not the TSCA certiThere is no requirement that importers use tgovern

ment. 

The import requirements under Section 13 oregulations (19 CFR Sections 12.118-12.127 administered by the U.S. Department of HomBorder Protection (CBP), in 

c

onsultation with 

Agency (EPA) whi

ch administers all other pr

policy statement on imports of che

micals und

Section 707.2

0. 

Und

er the TSCA Section 1

3 import requirem

CFR Section 101.1) must certify that impor(includin

g chemical substances in mixtures, 

microorganisms) either: ● c

omply with TSCA (positive certific

ation

● are not subject to TSCA (negative certific

However, certain chemi

cals require no certi

regulations and EPA’s poli

cy statement, the 

Sections 5, 6 and 7, but not Sections 4 and 8actions). INSTR

U

C

TIONS -- HOW TO USE THIS CH

The following analysis sh

ould be applied to e

inclu

ding che

micals in mixtures. Answer the 

whi

ch certification option is appropriate for y

chemicals, this entire analy

sis can be res

response in either Section I, Section II, or (How

e

ver for s

ome chemicals, multiple affirm

necess

ary in Section III to 

c

ertify TSCA 

c

om

belo

w are: 

I. No Certification Required -- A sin

gle "ye

s" 

required. II. Non-TSCA/Negative Certification -- A sinimported m

aterial is n

ot subject to TSCA juri

III. TSCA-Compliant/Positive Certification -- s

ubsection of Section III indic

ates that the im

June 2008 18 19 
Compliance Guide For The Chemical Import Req

uirements of TSCA 

complies with TSCA. (For rules on one-year p

ort-sp

ecific “bl

anket certifications,” see 1

9 CFR Section 

12.121(a)(2)(ii)). WHE

RE TO FILE CERTIFICATIONS 

According to 19 CFR Section 12.121(a)(2), TSCA import certification statements must be filed with the director of the port of entry of the shipment. For chemi

cal imports that do not enter through a CBP port, such as import via 

regular mail or courier, certification state

ments may b

e submitted t

o the 

following EPA addresses. (See “Toxic Substances Control Act: A Guide for Chemical Importers/Export

ers,” (EPA 5601/1-91-001) US EPA, Offi

c

e of Toxic 

Substan

c

es, April 1991, p.32, Q&A#55; "Chemi

cals in Progress Bulletin, US 

EPA, Office of Pollution Prevention and Toxics, April 1992, p.7.). Again, please note that this che

cklist is not the TSCA certification statement itself and should 

not be submitted to the government.  Mail: 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 C

oor

dinator). 

 Hand Delivery/Courier: OPPT Document Control Offic

e (DCO), EPA 

East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. (Attention: TSCA Section 1

3 Coordin

ator). Such deliveries are a

ccepted only 

during the Docket’s normal hours of operation. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excludin

g legal holid

a

ys. The telephone 

number for the DCO is (20

2) 564-8930. 

FOR F

U

R

T

H

ER INFORMATION 

If you have questions a

b

out TSCA Section 13 import certification, contact the 

TSCA Hotline at (202) 554-1404 or tsca-hotline

@epa.gov, or visit 

www.epa.gov/oppt/ or www.epa.gov/oppt/chemtest/pu

bs/sect1

3.htm. If not 

attache

d, view “Introduction to the Che

mical Import Require

ments of the Toxic 

Substances Control Act,” (EPA 305-B-08-001) US EPA, Office of Enforcement 

and Compliance Assurance, March 2008, available at www.epa.gov/oppt/chemtest/pubs/importguide.pdf and 

www.epa.gov/compliance/resources/publications/assistance/sect

ors/chemimpo 

rt.pdf. Another relevant guidance document is “Toxi

c Substan

c

es Control Act: A 

Guide for Chemical Importers/Exporters,” (EPA 5601/1-91-001) US EPA, Office of Toxic Substances, April 1991. For questions rel

ated spe

cifically to Section 

III.A., New Chemical Substances, c

ontact an EPA Pre-Notice Communications 

Coordin

ator at (202) 564-9262. 

Compliance Guide For The Chemic

GETTING STARTE

D -- C

H

EMICAL SUBST

Identifying the chemi

cal substan

ce you are i

chemi

cal constituents within mixtures, is criti

the various T

SCA requirements and the app

What is the Chemical Abstracts Ind

ex Name 

Service (CAS) Registry Number of the chemSpecific Ch

e

mical Name: ______________

CAS N

u

m

b

er (if available): _____________

an intergeneric microorganism, what is the gmicroorganism? Microorganism Name: ________________Generic Identit

y and Accession Number: _

(TSCA Accession Numbers are 5 or 6-digit idEPA to protect the confidentiality of chemicaconfidential p

ortion of the TSCA Inventory. T

that you wish to import is listed in the confideInventory, importers may b

e able to obt

ain a

supplier of the chemical; (2) from EPA per thCFR Section 720.25(b); or (3) if the Pre-manis known, by consultin

g the CD-ROM produc

(TSCA): Searcha

ble Datab

ase" sold an

d dis

Information S

ervice (NTIS) (http://www.ntis.g

databases that carries this information). I. NO CERTI

FICATION R

EQUIRED 

No TSCA imp

ort certification is currently req

the followin

g: 

1. The chemi

cal substan

c

e is being imp

orte

at 19 CFR Section 12.120(a) and thus, p

er 1

certification is not required. (Note that Sectiorule or ord

er can require T

SCA import certific

however, none currently exist as of the last ralthough certification is n

ot required, the imp

regulated by TSCA. For e

xample, for article

biphenyls (PCBs) or asbestos, review the inf

III.E., below). 

G Yes 

G No

June 2008 20 21 
Compliance Guide For The Chemical Import Req

uirements of TSCA Compliance Guide For The Chemic

2. The material being imp

orted is tob

acco or a tobacco product per TSCA 

Section 3(2)(B)(iii), (see the 1991 and 1999 guidance documents referen

c

e

d in 

the "Further Information" section). G Yes 

G No 

If you answered "ye

s" to either of the above q

u

e

stions in Section I, no 

certification is required. If you answere

d "no" to both of the above questio

ns, 

pro

ceed to Section II belo

w. 

II. NON-TSCA / NEGATIV

E CERTIFICATION 

Certain materials and/or uses are not subject to TSCA. If you respond affirmatively to any one of the followin

g spe

cific exclusions under T

SCA 

Section 3(2), then you may certify as follows: “I certify that all che

mical 

substances in this shipm

ent are n

ot subject to TSCA.” 

1. The material being imported will be used only as a pesticide (as defined by the Federal Insecticide, Fungicide, an

d Rodenticide Act). Note: Pesticide 

intermediates are subject to TSCA. 

G Yes 

G No 

2. The material being imp

orted is source material, special nuclear material or

byproduct material (as defined by the Atomic Energy Act and rel

ated 

regulations). (Note h

owever that radioactive materials not define

d above by the 

Atomic Energ

y Act are subject to TSCA, e.g Technolo

gically Enhanced 

Naturally Occurring Radioactive Materials (TE

N

O

RM)). 

G Yes 

G No

3. The material being imported will be used only as a firearm, shell or cartridge 

(taxable under Section 4181 of the Internal Revenue Cod

e of 1954). 

G Yes 

G No

4. The material being imp

orted will b

e use

d only as a food, food additive, drug, 

cosmetic, or device (as d

efined by the Federal Foo

d Dru

g and Cosmetic A

ct), 

inclu

ding components there

of. 

G Yes 

G No

If you answered "yes" to any of the abo

ve questions in Section II, you s

hould 

certify that the m

aterial being imported is not s

ubject to TSCA. If you ans

wered 

"no" to all the above questions, proceed to Section III below. Note – If, in addition to the types of non-TSCA uses listed above, the material to be imported will also be used for a use that is subject to TSCA or the use is unknown, then it is ineligibl

e for the negative certification and must qualify for 

the positive certification, which is discussed in Section III below. 

III. TSCA-COMPLIANT / POSITIVE CERTIF

This section probes wheth

er the chemi

cal to 

TSCA require

ments and, if so, whether the c

legally imported under, TSCA. If so, the impcertify that all chemical substances in thiapplicable r

ules or order

s under TSCA an

chemical substance for entr

y in 

violation 

or order there under.” 

F

or many imported 

response in any one of the following subsectcompliance with TSCA. However, for some affirmative responses may be necessary. Fosubstance m

ay require an affirmative respon

III.D. A. Import for Export Only Section 12(a) of TSCA states that all TSCA Section 8 of TSCA) do n

ot apply to any chem

manufa

ctured, imported, processed or distrib

from the United States and labele

d as such. 

1. Is the che

mical substan

ce imported solely 

i.e., not for use in the Unite

d States, and is it 

encl

osed sta

mped or labeled as intended for 

G Yes 

G No

B. New Che

mical Substance Requir

emen

For intergeneric microorganisms s

ee Section 

Und

er TSCA Section 5(a)(1)(A), no person s

substan

ce (defined as a chemical not on the 

person submits to EPA 90-days advance wrmanufa

cture notice (PM

N), or qualifies for on

to certify that the chemi

cal substan

ce compl

requirements under TSCA, you should b

e ab

of the followin

g spe

cific alternatives (althoug

necessary to be certain of full compliance wiPMN’s and e

xemptions that require sub

miss

EPA, identifying the case number assigned bsubmitters verify the c

orrect res

ponse. 

If you cannot respond affirmatively to on

e of 

your chemi

c

al substan

ce may not com

ply wi

requirements under TSCA, in whi

ch case it m

June 2008 22 23 
_____________________ 

_____________________ 

Compliance Guide For The Chemical Import Req

uirements of TSCA 

1. Is the che

mical substan

ce on the TSCA Inventory of existing chemical 

substan

c

es? (If importers do not find the chemi

cal substan

ce on the public 

portion of the TSCA Inventory, they should follow the “bona fide” procedure at 40 CFR Section 720.25 to request EPA to search the Confidential Inventory. 

For additional guidance, see http://www.epa.gov/opptintr/newchems/pubs/invntory.htm.). 

G Yes 

G No 

2. If the chemical substance is not on the TSCA Inventory, have you submitted to EPA any of the following TSCA Section 5 notices for it and are you in full compliance with all the pertinent require

ments? (Note that these n

otices and 

exemptions are person-specific. Until a substan

ce is added to the TSCA 

Inventory, submission of a notice by one company does n

ot reliev

e any other 

person from the pre-manufacture notice requirement.) 

a. Pre-Manufacture Notice (PMN, 40 CFR Part 720).PMN#_____________________ 

G Yes 

G No

b. Low Volume Exemption (LVE, 40 CFR Section 723.50). LVE # G Yes 

G No 

c. Low Release and Exposure Exemption (LO

REX, 40 CFR Section 

723.50). LOREX # _________________ G Yes 

G No 

d. Test Market Exemption (TME, 40 CFR Section 720.38). TME # G Yes 

G No 

3. If the che

mical substan

ce is n

ot on the TSCA Inventory and you have not 

submitted one of the above notices, does the chemi

cal substan

c

e comply with 

all the requirements for any of the following exemptions for new chemicals? 

a. the R&D Exemption (40 CFR Section 720.36). 

G Yes 

G No

b. the Polymer Exemption (40 CFR Section 723.250).G Yes 

G No

c. any exemption listed in 40 CFR Sections 720.30(a) through (i), for example, ch

e

micals manufactured solel

y for export, byproducts, 

impurities, non-commercial R&D. Indicate spe

cifically which paragraph 

in Section 720.30 appli

es: 

_________________________ 

(Note that while "mixtures" as a whole, as define

d in 4

0 CFR Section 

Compliance Guide For The Chemic

720.3(u), are exempt from the TSCA chemi

cal substan

c

es that are imp

ort

to the PMN requirement. See 40 CFG Yes 

G No 

d. exempt as part of an article (40 C720.22(b)(1)). (Note: Und

er 19 CFR 

Section 13 import certification is genimported as p

art of an article. See S

G Yes 

G No 

e. exempt as a Naturally O

ccurring 

Section 710.4(b); considere

d autom

G Yes 

G No 

C. Ne

w I

ntergeneric Microorganism Requ

725) Intergeneric microorganisms are subje

ct to t

requirements per 40 CFR Part 725. In order microorganism complies with these requiremable to respond affirmatively to one of the fo(although more detailed analysis is necessawith all requirements). For those exemptionexemption application to EPA, identifying the should help those submitters verify the correaffirmatively to any of the followin

g specific a

microorganism may not currently compl

y wit

requirements under TSCA, in whi

ch case it m

1. The shipment does not contain an “interg

Section 725.3 (formed by the deliberate comoriginally isolated from organisms of a differeare not intergeneri

c are considere

d implicitly 

CFR Section 725.8(b)). 

G Yes 

G No 

2. Does the shipment contain an intergenerincluded on the TSCA Inventory of existing cdo not find the microorganism on the Public “bona fide” procedure at 40 CFR Section 725Confidential Inventory. For additional guidanhttp://www.epa.gov/opptintr/newchems/pubsG Yes 

G No 

June 2008 24 25 
_____________________________ 

______________________________ 

______________________________ 

Compliance Guide For The Chemical Import Req

uirements of TSCA 

3. If the microorganism is intergeneric and not expressly included on the Inventory, have you submitted any of the following TSCA Section 5 notices for 

it and are you in full compliance with all the pertinent requirements? 

a. Microbial Commercial Activity Notice (MCAN, 40 CFR Part 725.100). 

MCAN #

______________________________ 

G Yes 

G No

b. TSCA Exp

erimental Release Application (TERA, 4

0 CFR Section 

725.250). TERA# ____________________________ G Yes 

G No

c. Tier I Exe

mption (Tier I, 40 CFR Section 725.424). TIER I# 

G Yes 

G No 

d. Tier II Exe

mption (Tier II, 40 CFR Section 725.428 ). TIER II# 

G Yes 

G No 

e. Test Market Exemption (TME, 40 CFR Section 7

2

5.300 ). TME # 

G Yes 

G No 

4. Is the microorganism exempt under any of the R&D Exemptions for microorganisms (40 CFR Sections 725.200 to 725.2

3

9)? 

G Yes 

G No 

D. Other Section 5 Requirements 

When appropriate, EPA issues Section 5 regulatory requirements on new chemi

cals or significant new uses of ch

e

micals via a TSCA Section 5(e) Order 

or Section 5(a)(2) Significant New Use Rule (SNUR, 40 CFR Parts 721 or 725 Subparts L and M). TSCA Section 5(e) Orders may include use prohibitions, labeling and Material Safety Data Sheet (MSDS) requirements, restrictions on the amount of the chemi

cal allowed to be manufa

ctured or imp

orte

d, as well as 

other restrictions. (Th

e import/production limits often serve as trig

g

ers for 

toxicity or rel

ated testing requirements). The SNUR requires notifying EPA at least 90 d

ays before manufacture, imp

ort, or processing for uses/activities 

designated by EPA as a significant new use. You should be able to respond affirmatively to one of the followin

g specific alternatives (although m

ore detailed 

analysis is n

e

c

essary to be certain of full compliance with all requirements). If 

you cannot respond affirmatively to one of the followin

g spe

cific alternatives, 

your chemi

c

al substan

ce may not currently comply with the requirements under 

TSCA Section 5, in which, case it may not be legally imported. 

June 2008 26 

Compliance Guide For The Chemic

1. This chemical substan

ce is subje

ct to nei

whi

ch you are a party nor a Significant New 

G Yes 

G No 

2. This chemical substan

ce is subje

ct to a T

you are a party or a Significant New Use Ruexemption there fro

m, but this particular ship

requirements of the Order or SNUR. The chimported for a prohibited use, it satisfies all arequirements, it does not e

xceed any restrict

is not bein

g imported for a designated signifi

any other ap

plicable requirements. 

G Yes 

G No 

a. If this chemical substance is subjto which you are a party, what is the SNUN case number? ____________b. If this chemical substance is subj(SNUR, 40 CFR Parts 721 or 725), wParts 721 or 725?

_______________

3. This chemical substan

ce is subje

ct to a T

you are a party or a Significant New Use Rumight otherwise exceed a restriction or consrequirin

g the submission of a SNUN, but you 

identified below: ______________________G Yes 

G No 

a. If this chemi

cal substan

ce is sub

to which you are a party, what is the SNUN case number? ____________What is the applicable exe

mption (e

 ____________________ 

b. If this chemical substance is subj(SNUR, 40 CFR Parts 721 or 725), wParts 721 or 725?

_____________ 

What is the applicable exe

mption in 

725.912? ____________________ 

4. This chemical substan

ce is subje

ct to a S

importer has submitted a Significant New Usthe 90-d

ay review period, and the importer c

27 
___________________________________________ 

____________________________ 

Compliance Guide For The Chemical Import Req

uirements of TSCA Compliance Guide For The Chemic

per a Section 5(e) Order to which the importer is a party) imposed by EPA pursuant to the review. The SNUN number assigned by EPA is: G Yes 

G No 

E. Pol

ychlorinated Biphe

n

yls (PCBs) Requir

ements 

The import of polychlorinated biphenyls (PCBs) and articles containing PCBs is generally prohibited under TSCA Section 6(e) and 4

0 CFR Part 761. If your 

shipment contains PCBs, in order to certify that the chemi

cal substan

ce 

complies with the PCB requirements of TSCA, you should b

e able to respond 

affirmatively to one of the followin

g specific alternatives (although m

ore detailed 

analysis is n

e

c

essary to be certain of full compliance with all requirements). If 

you cannot respond affirmatively to one of the followin

g spe

cific alternatives, 

your chemi

c

al substan

ce may not currently comply with the PCB requirements 

of TSCA, in which case it may not be leg

ally imported. 

1. The shipment being imp

orted does n

ot contain PCBs. 

G Yes 

G No 

2. Is this shipment eligible for one of the exemptions identified in 4

0 CFR 

Section 761.80? Identify specifi

c exemption by CFR citation: 

G Yes 

G No 

3. Does this shipment contain PCB waste that qualifies as an “other transboundary shipment” under 4

0 CFR Section 761.99? 

G Yes 

G No 

4. Does this shipment include products that contain P

CBs generated 

inadvertently through an excluded manufacturing pro

cess as d

efined in 40 CFR 

Section 761.3

? (Note that there are subsequent associated recordkeepin

g and 

reporting requirements in 40 CFR Sections 761.185 and 761.187.) G Yes 

G No 

F. Asbestos Requireme

nts 

Imports of some asb

estos-containing 

products are prohibited by the TSCA 

Section 6(a) regulations at 40 CFR Part 763 Subpart I. In order to certify that the chemi

cal i

mport complies with TSCA, you should be able to respond 

affirmatively to one of the followin

g specific alternatives (although m

ore detailed 

analysis is n

e

c

essary to be certain of full compliance with all requirements). If 

you cannot respond affirmatively to one of the followin

g spe

cific alternatives, 

your chemi

c

al substan

ce may not currently comply with the asbestos 

requirements of TSCA, in which case it may not be leg

ally imported. 

1. The shipment being imp

orted does n

ot co

G Yes 

G No 

2. The shipment being imp

orted contains as

containing product is not b

eing imported for 

paper, corru

g

ated paper, rollboard, sp

e

cialty 

as defined in 40 CFR Section 763.163. G Yes 

G No 

3. The asb

estos-containin

g product is b

eing 

United States and will not b

e further repacka

States, per 4

0 CFR Section 763.165(c)(1). 

G Yes 

G No 

4. The asb

estos-containin

g product is b

eing 

for personal use in the United States, per 40 

G Yes 

G No 

5. The asb

estos-containin

g product is the su

approved by EPA per 40 CFR Section 763.1

G Yes 

G No 

G. Metal

w

orking Chemicals Requir

ement

Certain chemical substan

ces that may b

e us

regulated un

d

er the TSCA Sections 5(f) or 6

In order to certify that the chemical shi

pment 

fluid rules in 40 CFR Part 747, you sh

ould be 

one of the followin

g specifi

c alternatives (alt

necessary to be certain of full compliance wirespond affirmatively to on

e of the following 

substan

ce m

ay not currently comply with the 

TSCA, in whi

ch case it may not be legally im

1. The shipment being imp

orted does n

ot co

substan

c

es regulate

d by 40 CFR Part 747. 

G Yes 

G No 

2. This shi

pment contains a chemical substa

Part 747, but not as part of a metalworking fbe used as a component of a metalworking fG Yes 

G No 

3. This shi

pment contains a chemical substa

as part of a metalworking fluid, but the metanitrosating agents and the warnings and inst

June 2008 28 29 
Compliance Guide For The Chemical Import Requirements of TSCA 

been provided. G Yes G No 4. This shipment contains a chemical substance regulated by 40 CFR Part 747, but the material is exempt from the regulations because it is being imported only in small quantities solely for research and development in accordance with Section 5(h)(3) of TSCA, as an impurity, as part of an article, 

or solely for export and is labeled accordingly. 

G Yes G No H. Hexavalent Chromium Requirements 

Hexavalent chromium-based water treatment chemicals are regulated under TSCA Section 6(a) regulations at 40 CFR Section 749.68. In order to certify that the chemical shipment complies with the water treatment chemicals rules in 40 CFR Section 749.68, you should be able to respond affirmatively to one 

of the following specific alternatives (although more detailed analysis is necessary to be certain of full compliance with all requirements). If you cannot respond affirmatively to one of the following specific alternatives, your shipment 

may not currently comply with the hexavalent chromium requirements of TSCA, in which case it may not be legally imported. 1. The shipment being imported does not contain any hexavalent chromiumbased water treatment chemicals. 

G Yes G No 2. This shipment contains hexavalent chromium-based water treatment chemicals, but not for use in comfort cooling towers and the required warning label is affixed. G Yes G No If you answered "yes" to one or more of the above questions in Section III, you can probably certify that the material being imported complies with TSCA. However, if you answered "no" to all the above questions, the material may be ineligible for entry into the customs territory of the United States and may be subject to detention, refusal of entry/delivery, or a demand for redelivery per TSCA Sections 13 and 19 CFR Sections 12.122 to 12.127. In that case, you may wish to consult the information sources in the "Further Information" section above. 

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