Blanket TSCA Certifications to End, Electronic Filings Begin

Effective January 26, 2017, US Customs and Border Protection establishes an option for importers to electronically file the Environmental Protection Agency’s Toxic Substances Control Act (TSCA) certification. The final rule amends the current regulations by providing electronic means for filing TSCA, eliminating the paper-based TSCA blanket certificates currently permitted, and clarifying certain definitions.

TSCA certifications are required for the importation of chemical substances imported in bulk or as part of a mixture, as well as for non-TSCA chemicals. Importers or their Customs brokers must state in the signed certification that either (1) all chemical substances comply with applicable rules under TSCA and the chemical substances do not violate any TSCA rule or (2) all chemicals are not subject to TSCA.

The final rule:

• allows for the electronic method to file TSCA certifications and notices of exportation and abandonment;
• requires additional information regarding the certifying individual (e.g., name, phone number and email address);
• eliminates the blanket certifications option;
• includes language clarifying the regulation’s applicability to importations of chemicals regardless of whether they are subject to TSCA.

The complete text of the final rule is available online in the Federal Register. Deringer’s Compliance Department can also provide further clarification.