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Practice Areas

Info Collection Related to Pesticide Imports under Review

Tuesday, December 27, 2016
Sandler, Travis & Rosenberg Trade Report

The EPA is accepting comments through Jan. 26 on the proposed extension of the information collection associated with the notice of arrival of pesticides and devices under section 17(c) of the Federal Insecticide, Fungicide, and Rodenticide Act.

CBP regulations at 19 CFR 12.112 require that an importer desiring to import a pesticide or device into the U.S. must, prior to the shipment's arrival in the U.S., submit a notice of arrival of pesticides and devices (EPA Form 3540-1 or its authorized electronic equivalent) to the EPA. Once the EPA receives the NOA, the agency will determine the disposition of the shipment upon its arrival in the U.S. Upon completing its review, the EPA response is sent to the importer of record or licensed customs broker who must present the NOA to CBP upon arrival of the shipment at the port of entry. This is necessary to ensure that the EPA is notified of the arrival of pesticides and pesticidal devices as required under FIFRA section 17(c) and that the agency has the ability to examine such shipments to determine compliance with FIFRA.

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