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CBP Allows Electronic Submission of TSCA Certifications for Expedited Release Programs

Thursday, March 30, 2017
Sandler, Travis & Rosenberg Trade Report

U.S. Customs and Border Protection announced March 28 that importers and customs brokers can upload the Toxic Substances Control Act certification required for covered chemicals either through the Document Imaging System or in paper format.

When a TSCA chemical substance is imported in bulk form or as part of a mixture, or a non-TSCA chemical is imported, an importer or broker must submit a signed certification stating that either (1) all chemical substances in the shipment comply with all applicable rules or orders under TSCA and the importer is not offering a chemical substance for entry in violation of TSCA or any rule or order thereunder (a positive certification), or (2) all chemicals in the shipment are not subject to TSCA (a negative certification). Effective March 21 CBP amended its regulations to, among other things, establish an electronic option for filing such certifications, require the submission of additional information relating to the certifying individual, and eliminate the paper-based blanket certification process.  

CBP states that although the blanket permit procedure was removed, the requirement for importers and brokers that import TSCA chemicals under one of CBP’s expedited release programs (e.g., FAST, BRASS) to submit TSCA certification prior to cargo release remains intact. CBP is allowing importers and brokers to meet this requirement by uploading the required certification and certifier information through DIS (code EPA 06), associated to the bill of lading, or in paper format.

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