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Importing and Exporting New Chemicals


For the purposes of TSCA, import is considered the same as manufacture. Under TSCA section 13, manufacturers need a TSCA statement on any imported chemicals. If the chemicals are in a class excluded from TSCA, you make a negative TSCA statement. If they are in a class included in TSCA jurisdiction, you make a positive TSCA statement. For mixtures, to make the positive certification you will need to know that every component of the mixture is on the TSCA Inventory, or that they are exempt from Inventory listing. You can find information on import requirements for new and existing chemicals subject to TSCA in the EPA publication, Introduction to the Chemical Import Requirements of the Toxic Substances Control Act (PDF) (11 pp, 98K, about PDF).


Under TSCA Section 12(b), manufacturers who intend to export a chemical substance or mixture for which regulatory action has been taken under TSCA Sections 4, 5, 6, or 7 (i.e., submission of data is required, an order has been issued, or a rule has been proposed, etc.) must notify the EPA Administrator. Under EPA's final export reporting rule, a manufacturer must submit a notice of the first export, within the calendar year, for the substance or mixture (45 FR 82844, December 16, 1980; 40 CFR 707). However, any new chemical substance manufactured solely for export is not subject to notification requirements if the manufacturer knows that the person to whom the substance is being distributed intends to export or process it solely for export as defined in 40 CFR 721.3 (40 CFR 720.30(e)(2)).

For additional information refer to Import/Export Requirements.


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