Did you know that paint and markers, among other commonly imported items, require a Toxic Substances Control Act (TSCA) certificate? In order for certain commodities to enter U.S. commerce, a TSCA certificate must be submitted to U.S. Customs and Border Protection (CBP) to obtain customs
The Toxic Substances Control Act grants the Environmental Protection Agency (EPA) the authority to
create a regulatory framework to collect data on chemicals in order to evaluate, asses, mitigate, and control risks that may be posed by their manufacture, processing and use.
TSCA applies to obvious commodities such as chemicals, however, below are some additional products which require a TSCA certificate:
- Hand Sanitizer
- Glitter Glue
- Ink Pads
- Oil Pastels
- Soft Pastels
- Glow Sticks
- Spray Ink
- Water Colors
- Blowing Bubble Mixes
Importers are required to certify that either the shipment is subject to TSCA and complies with all applicable rules and orders, or that the shipment is not subject to TSCA.
CBP must receive the TSCA certificate with other commercial documents in order to release the import shipment.
The importer may submit the statement with every entry or write the Port Director and request that they use a "blanket" certification, which will cover multiple entries. If approved by the Port Director, a "blanket" certification is valid for 1 year from the date of approval.
The "blanket" certificate must be on the importer's letterhead, and must list the products covered by name, the HTS numbers, must identify the foreign supplier by name and address, and must be signed by an authorized person.
Please note that effective January 26, 2017, blanket certifications will no longer be an option. Learn more about the changes to TSCA filings in our December 30 newsletter here.
Licensed Customs Brokers(LCBs) can assist importers with TSCA declarations, ensuring compliance while reducing cargo delays. If the LCB participates in electronic filing via Remote Location Filing Prototype (RLF) and Electronic Invoice Program (EIP), Customs and the EPA will accept the TSCA certificate through electronic transmission.
The broker will transmit one of two codes as well as the name of the authorized individual as an electronic signature in the commercial description field of the C35 record.
A (+) code certifies that the chemical substance on the particular invoice line complies with all applicable rules or orders under TSCA.
A (-) code certifies that the chemical substance on the particular invoice line is not subject to TSCA.
Marisol International assists import clients with TSCA certifications to support a successful and compliant import program. Contact us today to learn more about our import services including customs brokerage, global transportation, cargo insurance and customs bonds.