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Advance Notice Required for Imports of 52 Chemical Substances

Monday, October 27, 2014
Sandler, Travis & Rosenberg Trade Report

The Environmental Protection Agency has issued a direct final rule that, effective Dec. 26, will impose import restrictions on 52 chemical substances that were the subject of premanufacture notices, nine of which are also subject to consent orders under section 5(e) of the Toxic Substances Control Act. If the EPA receives written adverse or critical comments on one or more of these significant new use rules, or notice of intent to submit such, by Nov. 26 it will withdraw the relevant sections of this rule before its effective date.

The chemical substances covered by this rule are used in fragrance components, electrical and electronic equipment, adhesives, cosmetics, paper and paperboard, industrial thermoplastics, flotation products, polyvinyl chloride and laminated textiles. Persons who intend to import, manufacture or process any of these substances for an activity that is designated as a significant new use by this rule must notify EPA at least 90 days before commencing that activity. This notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

Importers of chemicals subject to this rule must certify their compliance with the rule’s requirements. Any persons who export or intend to export a chemical subject to this rule are subject to the export notification provisions of 15 USC 2611(b) and must comply with the export notification requirements in 40 CFR part 707, subpart D.

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