If you are unsure of any of the following requirements, it is recommended to call the Environmental Protection Agency (EPA) TSCA assistance office at 1-202-554-1404 between 8:30am EST & 5:00pm EST Monday-Friday.
TSCA: What is it & Why do I need it?
The Toxic Substance Control Act (TSCA) Declaration is a formal partner government agency document required for the import of any product that is, contains, was treated with, or manufactured with a chemical substance or mixture. In order for these products to enter US commerce, the Importer of Record must certify that the product/chemical either complies with TSCA (positive certification) or, if not otherwise clearly identified as a chemical excluded from TSCA, are not subject to it (negative certification).
How is it determined that TSCA is required?
TSCA requirements are determined by the 10 digit commodity code assigned to your product. Your Customs Broker will notify you if TSCA is required prior to your clearance.
Who can complete the TSCA Certification?
The TSCA Certification must be completed by either the Importer of Record (the entity acting as the importer into the United States) or an authorized agent of the importer (including seller / manufacturer, excluding Customs Broker) and must include the full name and contact information of the signer.
How do I complete a TSCA Certification?
The importer must declare one of the following:
The product is subject to TSCA and complies with all applicable rules and regulations (positive Certification)
OR
The product is not subject to TSCA (negative certification)
Positive Certification
A positive certification means the chemical substance used in the product complies with all TSCA regulations
Negative Certification
A Negative certification is required for the following products when not clearly identified:
any pesticide
any food, food additive, drug, cosmetic, or device
source material special nuclear, or by-product material
firearms and ammunitions as defined in section 3 of TSCA
Do I have to submit a TSCA with every shipment?
In short, Yes, it is recommended that you submit a completed TSCA with every shipment for which it is required. It is possible to complete a TSCA valid for 12 months however it should be resubmitted to your broker with each set of shipping documents.