US goods "difficult to enter customs" enterprises should pay attention to TSCA statement

Release time:

2019-09-06 14:48

TSCA (Toxic Substances Control Act) is an important regulation for the management of industrial chemicals in the United States. It aims to comprehensively consider the environmental, economic and social impacts of chemical substances circulating in the United States, and prevent "unreasonable risks" to human health and the environment ". The U.S. Environmental Protection Agency (EPA) is responsible for implementing TSCA controls on chemicals, and the U.S. Customs and Border Protection (CBP) is responsible for inspecting the import of chemicals under TSCA regulations.

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Recently, many batches of goods exported to the United States have encountered the problem of "difficulty in entering customs". The US Customs has seized some of the goods and required enterprises to carry out TSCA before customs clearance. In accordance with TSCA regulations and U.S. Customs requirements, the relevant goods must be accompanied by a TSCA compliance or exemption statement. If an enterprise violates this provision, it may face the consequences of banning entry, detaining goods, detention costs, fines, and being included in the import blacklist.

TSCA (Toxic Substances Control Act) is an important regulation for the management of industrial chemicals in the United States. It aims to comprehensively consider the impact of chemical substances circulating in the United States on the environment, economy and society, and prevent "unreasonable risks" to human health and the environment ". The U.S. Environmental Protection Agency (EPA) is responsible for implementing TSCA controls on chemicals, and the U.S. Customs and Border Protection (CBP) is responsible for inspecting the import of chemicals under TSCA regulations. According to TSCA regulations, non-compliant chemical substances, mixtures, or articles containing substances intended to be released may not enter the United States. U.S. Customs and Border Protection (CBP) requires products that fall within the scope of TSCA regulation or exemption to provide a TSCA declaration at the time of entry. The company must attach the printed statement to the written material of the imported product, and the customs will not approve the entry of the product until the product has complied with or exempted from TSCA after consulting the EPA.

However, not all products need to provide TSCA declaration when entering the US customs. The detailed instructions on TSCA declaration are as follows: if your product belongs to tobacco or tobacco products, you do not need to provide TSCA declaration; If your product belongs to pesticides (excluding pesticide intermediate products), nuclear materials, food, food additives, drugs, cosmetics or medical equipment, you need to provide TSCA exemption declaration; if your product is a TSCA controlled chemical, mixture, or article containing a substance intended to be released, you will need to provide a TSCA Compliance Statement.

Here, the inspection and quarantine department reminds relevant enterprises: the TSCA Act should be carefully interpreted to understand whether the products exported by the company have been included in the TSCA Act. If they are not included in the TSCA list, the enterprise should communicate with the importer and make a pre-production declaration in advance. If it has been included in the TSCA list, manufacturers and importers are required to confirm that the goods and their corresponding uses meet the Important New Use Regulations (SNUR) and Chemical Data Reporting Requirements (CDR), and that goods that fall within the scope of TSCA regulation or exemption are required to provide a TSCA compliance and exemption statement at the time of entry. Export enterprises should make preparations in advance when exporting goods to avoid losses.

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