Toxic Substances Control Ace (TSCA) Certification
Issued: January 22, 2008
SUBJECT: Toxic Substances Control Act Certification under the Remote Location Filing Prototypes and Electronic Invoice Program
The Remote Location Filing Prototype (RLF) and Electronic Invoice Program (EIP) are two electronic entry programs offered by the U.S. Customs Service (Customs). Currently the programs are limited to formal (01) and informal (11) entry types, and require that the entry, entry summary, payment, and invoice data (when requested by customs) be filed electronically.
When entered merchandise falls under the importation requirements of another government agency, additional forms and certifications are often required. Under the statutory mandate of Section 13 of the Toxic Substances Control Act (TSCA 13), the Secretary of the Treasury shall refuse entry into U.S. Customs territory to any chemical substance, mixture, or article which fails to comply with any rule, order or civil action in effect under TSCA. The Secretary of the Treasury has promulgated a final Customs rule under TSCA 13 at 19 CFR Sections 12.118 through 12.127, and 127.28 (amended). At 19 CFR 12.121 and 40 CFR 707.20, importers of chemical substances in bulk or mixtures are required to certify that the shipment either complies with all applicable rules and orders thereunder, or is not subject to TSCA.
With the passage of the Customs Modernization Act, Public Law 103-182, Customs has been striving to accept completely electronic entry packages for as many commodities as possible. For electronic entries filed under the RLF and EIP programs, Customs and EPA will accept the TSCA certification in the transmission of the electronic invoice as meeting the TSCA certification requirement if completed as instructed below. Entries filed in paper format shall continue to be required to follow current policy.
Importers may contact the TSCA Assistance Information Service prior to electronically filing under the EIP and RLF programs to obtain information on specific TSCA requirements by calling (202) 554-1404, sending email to tsca-hotlineepa.gov, or writing to U.S. EPA, 401 M Street, NW. (5104), Washington, DC 20460.
RLF and EIP filers will use the automation available in the automated invoice interface to transmit the TSCA certification. For each chemical substance and/or mixture, the EIP and RLF filer will transmit, at the time of entry, one of the following codes as well as the name of the authorized individual as an electronic signature in the commercial description field of the C35 record.
TSCA + positive certification for shipments subject to TSCA. I certify thatthe chemical substance on this invoice line complies 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 thereunder.
TSCA - negative certification for shipments not subject to TSCA. I certify that the chemical substance on this invoice line is not subject to TSCA.
CBP and EPA have committed to work together in the electronic environment. EPA and CBP will continue to monitor imports of chemical shipments to determine if shipments and their documentation comply with the certification requirements and substantive mandates of TSCA. Customs will refuse entry to any shipment until certification is properly submitted. Failure to comply with the requirements may result in a violation of TSCA.