Section 13 Import Certification
How to Certify Your Imports
TSCA Section 13 Import Compliance Checklist provides a roadmap to help chemical importers determine how to certify their chemical imports for compliance with the regulatory requirements under Section 13 of TSCA: (14 pp., 1.78 MB, About PDF)
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 Sections 5, 6, 7, or Title IV of TSCA. Section 13 provides that the Treasury Department (U.S. Customs and Border Protection (CBP), now in the Department of Homeland Security), in consultation with EPA, develop rules to implement these requirements.CBP promulgated a regulation implementing TSCA Section 13 (19 CFR 12.118 through 12.127, and 127.28 [amended]) on August 1, 1983. EPA issued a companion policy statement addressing the CBP regulation (40 CFR 707.20) on December 13, 1983.
CBP's regulation requires importers of chemical substances (including microorganisms and mixtures) to certify 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 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."
Negative Certification Statement: "I certify that all chemicals in this shipment are not subject to TSCA."
A positive certification means that the chemical substance complies with all applicable TSCA regulations, including:
- Section 5 Premanufacture Notification Rules
- Section 5 Significant New Use Rules
- Section 5(e) Orders
- Section 5(f) Rules and Orders
- Section 6 Rules and Orders
- Section 7 Judicial Actions
- Title IV Rules and Orders
A negative certification is required for:
- Any pesticide
- Any food, food additive, drug, cosmetic or device
- Source material, special nuclear material, or by-product material
- Firearms and ammunitions
- Chemicals that are a part of articles
- Tobacco or any tobacco product
"Blanket" certification may be requested from the Customs District Director on an annual basis to cover several shipments of the same chemical over a one year period. See 19 CFR 12.121(a)(2)(ii). (Text or PDF, 4 pp., 131 kb, About PDF)
CBP may detain or refuse entry of shipments if certification is not made or if the shipment is believed not to be in compliance with TSCA.
For additional information, see "Introduction to the Chemical Import Requirements of the Toxic Substances Control Act (PDF)" (11 pp., 97.7 kb, About PDF)